Terms and Conditions
NOTE: For the purpose of this document Shellie Wall Photography shall be referred to as SWP. The visitor to the site of the individual or to whom SWP takes on an assignment for (whether representing an organisation or not) who orders an image shall be referred to as The Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these Terms and Conditions (including those relating to the time of payment) and those issued or submitted by The Client and in the absence of of any contrary agreement in writing, these Terms and Conditions shall prevail.
2. BOOKING FEE/SESSION FEE
a) By booking with SWP you enter into a contract and have therefore agreed to abide by the Terms and Conditions.
b) Booking fees taken for ANY session or assignment (Newborn, ANY portrait, commercial work, and 1:1 mentoring or workshops are non-refundable except in the event SWP cancels the booking or at the discretion of SWP in certain, unavoidable circumstances, however full disclosure of circumstances will need to be provided.
3) IMAGES ONLINE
a) It is illegal to attempt to download, or attempt to remove a watermark from any image taken and posted online by SWP, for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of SWP, whether the copyright has been removed or not, a copyright infringement fee of £1000.00 per image will be applied to avoid court action and must be paid within 28 days.
4) FULFILLMENT OF OBLIGATIONS
a) SWP shall not be liable to the client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include, (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as SWP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with The Clients wishes.
c) In the event of total photographic failure or cancellation by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If client fails to read and comply with the booking advice, and therefore fails to carry out required preparations prior to a newborn session SWP will not be held responsible of any resulting reductions in quality or quantity in images supplied.
a) All images supplied by SWP are done on a fully calibrated monitor and all prints will be a true reflection of the editing carried out by SWP. SWP will not be held responsible for variations in images caused by client viewing images on non-calibrated screens or monitors.
b) All prices are subject to change without notice by SWP. No consideration will be given to previous clients regarding product pricing, availability of package structure or session fees.
a) Although SWP will do its best to produce more proofs than discussed with The Client there is no guarantee that any particular number of proofs will be produced.
7) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between The Client and SWP, SWP shall be entitled to use its judgement regarding the style and the artistic input in the production of pictures. This include, but is not limited to, locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to The Clients full expectations. IN the event of un-co-operative children at a session of any kind, for any reason, SWP may not be able to capture any, or all the images that The Client may have requested or expected. The Client is responsible for all children at all sessions.
b) SWP fully edits all images before presenting to The Client. Additional edits are carried out at the discretion of SWP and SWP reserves the right to charge The Client for additional editing to cover time involved at a cost of £50.00 per image, specifically, but not limited to, the editing of any composite images not previously discussed prior to the initial editing or in some cases prior to placing an order.
c) Permission to reproduce a picture is granted to The Client by SWP, only when a fee for the reproduction has been agreed with SWP and an invoice has been raised by SWP and and paid in full by The Client to SWP.
d) In the event of unauthorised reproduction, The Client shall pay by way of liquidated damages to SWP an unauthorised use fee of £1000.00 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by SWP is personal to The Client and may not be assigned to any third party without SWP’s prior written consent.
f) The Client will fully indemnity SWP against any unauthorised of a picture submitted to The Client made by any third party as a result of any issue arising out of any breach by The Client of any of these Terms and Conditions (including but not by way of limitation, The Client allowing a picture or a copy of a picture thereof to come into the possession of a third party without SWP’s prior written consent.
a) While SWP has taken reasonable care to correctly identify, caption and orientate the pictures it does not accept any liability for loss or damage incurred by The Client or any third party caused by errors.
10) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless The Client notifies SWP in writing of any discrepancy or error within 7 days of receipt.
11) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to The Client’s personal specification (i.e image number, print size, frame style etc) The Client does not have the right to a cooling off period.
b) By placing order with SWP you are committing to buy the ordered products.
12) RETURNS POLICY
a) Incorrectly supplied and items of poor quality can be returned and will be replaced at no extra cost to The Client.
b) Returns will not be considered for incorrectly ordered items or items ordered in error.
c) No return exchange or refund is available on any image once the image proof has been approved and an order placed.
13) USE OF PICTURES
a) SWP retains the rights in all case to use the pictures in any manner at any time throughout the world, for the purpose of advertising , sales or promotion of its work.
14) MODEL RELEASE
a) Unless specified in writing , SWP makes no claim or warranty as to the existence or validity of connected therewith model or any other release in respect of the pictures or as regards the reproduction by The Client of any names or trademarks depicted in the pictures. It is The Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
15) IF ANY PROVISION OF THIS AGREEMENTS HELD TO BE INVALID OR UN-ENFORCABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED AND THE OTHER PROVISIONS OF THE AGREEMENT AHALL REMAIN IN FULL FORCE AND EFFECT.
16) CAMERA POLICY
a) Camera, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio, or on location, without the express permission of SWP.
a) SWP will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and is password protected at all times.
18) TRAINING AND WORKSHOPS
a) Booking fees are non-refundable unless the event is cancelled by SWP. The Balance of any event is due 14 days prior to the event. After the full fee is paid 50% of the full balance is non-refundable unless the event is cancelled by SWP. In the event of issues of a delicate nature forcing The Client to cancel, and in return for full disclosure, the fee may be transferred to another workshop or training at the disclosure of SWP.
19. If an online gallery is used, the gallery will be live for 7 days from the link being sent to the Client. If an order is not placed within that timeframe SWP reserves the right to ask for a £10.00 Administration fee to re-open the gallery. Any subsequent re-openings will be charged at £25.00 per week.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF SHELLIE WALL PHOTOGRAPHY.