Terms and Conditions
Note - For the purpose of this document Babs Lambourne Photography shall be referred to as “the PHOTOGRAPHER”. The visitor to the site or the individual (whether representing an organisation or not) with whom the PHOTOGRAPHER enters into a contract for the sale of goods or provision of services by the Photographer 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 any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING AND PAYMENTS
a) The full session fee is payable at the time of booking to secure the session date. Upon booking a session with the PHOTOGRAPHER a full product price list is sent to the CLIENT. It is presumed every CLIENT is in receipt of and has read the price list.
b) By booking with the PHOTOGRAPHER you enter into a contract and have therefore agreed to abide by these Terms and Conditions.
c) All additional goods are payable at time of ordering.
3) CANCELLATION AND POSTPONEMENT
a) Cancellation fee of £50.00 applies to Slice of Life sessions should the CLIENT cancel with less than 7 days notice. Cancellation fee of £ 100.00 applies to Day in the Life and Half Day in the Life sessions should the CLIENT cancel with less than 7 days notice.
b) Should the CLIENT wish to postpone an appointment giving more than 7 days notice then subject to the availability of the PHOTOGRAPHER, all monies paid may be applied to the new appointment. If a mutually agreed appointment cannot be made, then the cancellation fees apply. Any monies paid for the goods will be refunded to the CLIENT unless the order for the goods has been already processed. Processed orders are non-refundable.
c) Gift Vouchers purchased though the PHOTOGRAPHER or won as prizes must be produced by the CLIENT as part of their booking. The Vouchers must be valid. There is no cash alternative, non-refundable and is not for resale.
d) Cancellation of commissions purchased with Gift Voucher, either won as a prize or purchased through The PHOTOGRAPHER are non-refundable and not for resale.
4) PLACING ORDER AND RECEIPT OF GOODS
a) Digital images shall remain the property and copyright of the PHOTOGRAPHER at all times, and shall be kept by the PHOTOGRAPHER for not less than 3 months from the contract date.
b) All orders should be placed with the PHOTOGRAPHER before the end of a 3 month period starting at the date of sending the gallery link to the CLIENT. The PHOTOGRAPHER will not be liable for failure to produce any orders placed after this time.
c) The PHOTOGRAPHER cannot be held liable for any costs incurred to the CLIENT for alterations to any orders made by the CLIENT.
d) The PHOTOGRAPHER must be notified either by telephone or in writing (sent by special delivery) within 3 days of the CLIENT being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
e) Due to the nature of the product the PHOTOGRAPHER is unable to give exchanges or refunds unless incorrect or damaged goods have been received by the CLIENT
5) IMAGES ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by the PHOTOGRAPHER for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of the PHOTOGRAPHER, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days.
6) FULFILLMENT OF OBLIGATIONS
a) The PHOTOGRAPHER shall not be liable to the CLIENT for any failure, in whole or in part, to fulfill 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 PHOTOGRAPHER's professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the CLIENT's wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract 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.
a) Although the PHOTOGRAPHER 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.
b) Proofs will be delivered to the CLIENT through an online gallery which will be password protected. Gallery will be available withing 2 weeks from the session unless specified otherwise by the PHOTOGRAPHER.
c) The CLIENT's gallery will be active for a minimum of 1 week. It is CLIENT's responsibility to place an order for GOODS by the gallery expiry date. The gallery can be reactivated for another 1 week period, administration fee of £ 10.00 is applicable for each reactivation.
8) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the CLIENT and the PHOTOGRAPHER, the PHOTOGRAPHER shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes 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 unco-operative children at a session of any kind, for any reason, the PHOTOGRAPHER may not be able to capture any, or all the images the CLIENT may have requested or expected. The CLIENT is responsible for all their children at all sessions.
b) The PHOTOGRAPHER fully edits all images before presenting to the CLIENT. Additional edits like retouching are carried out at the discretion of the PHOTOGRAPHER, and the PHOTOGRAPHER reserves the right to charge the CLIENT for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by the CLIENT at the proofing stage. Requests not raised at proofing stage will not be considered once images have been submitted to the CLIENT.
c) Due to a variety of lighting conditions and the limitations of professional digital capture, some colours may alter slightly throughout a set of images. Please note that certain colours do not reproduce exactly on photographic paper.
d) The PHOTOGRAPHER will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors.
9) COPYRIGHT & REPRODUCTION
a) Copyright is retained by the PHOTOGRAPHER at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of the PHOTOGRAPHER. This includes saving, screen grabbing and downloading from social media.
b) The CLIENT may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without the PHOTOGRAPHER's written permission.
c) Permission to reproduce a picture is granted to the Client by the PHOTOGRAPHER only when a fee for the reproduction has been agreed with the PHOTOGRAPHER and an invoice has been issued by the PHOTOGRAPHER and paid in full by the CLIENT to the PHOTOGRAPHER.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to the PHOTOGRAPHER an unauthorised use fee of £1000 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 the PHOTOGRAPHER is personal to the CLIENT and may not be assigned to any third party without the PHOTOGRAPHER's prior written consent.
f) The CLIENT will fully indemnify the PHOTOGRAPHER against any unauthorised reproduction of a picture submitted to the CLIENT made by any third party as a result of or 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 thereof to come into the possession of a third party without the PHOTOGRAPHER's prior written consent).
a) While the PHOTOGRAPHER has taken reasonable care to correctly identify, caption and orientate the images, it does not accept any liability for loss or damage incurred by the CLIENT or any third party caused by any errors.
11) USE OF PICTURES
a) The PHOTOGRAPHER retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
12) MODEL RELEASE
a) Unless specified in writing, the PHOTOGRAPHER makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the CLIENT of any names or trade marks 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.
13) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
Version: 2020.1 02/02/2020