Buds and Branches Photography
Terms and Conditions
Note: For the purpose of this document, Buds and Branches Photography shall be referred to as BBP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1. Applicable Law
- The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
- 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 FEE
- By booking with BBP, you enter into a contract and have therefore agreed to abide by the Terms and Conditions.
- Booking fees taken for Maternity, Newborn and Baby sessions are non-refundable except in the event BBP cancels the booking. If a booking is made online, but no suitable date can be arranged for the chosen session after consultation, then a refund will be given minus any fees for credit/debit card processing.
- In the event of a change of date for a photoshoot, at the behest of BBP, no charge will be issued to the Client as long as the Client informs BBP of the change 48 hours prior to the photoshoot.
3. IMAGES ONLINE
- It is illegal to attempt to download, or to attempt to remove any watermark from, any image taken and posted online by BBP for any reason. Should an image online be saved by any means and used elsewhere without the written permission of BBP, whether the copyright has been removed or not, a copyright infringement fee of £500 per image will be applied to avoid court action, and must be paid within 28 days.
4. FULFILMENT OF OBLIGATIONS
- BBP shall not be liable to the Client for any failure, in whole or in part, to fulfil it's obligations where failure arises as a result of an event or circumstances beyond it's control, which maybe include (but are not limited to) equipment failure, inclement weather, illness or injury.
- The Client understands and accepts that the photographic coverage will be as BBP's professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the clients wishes.
- 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.
- If the Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, BBP will not be held responsible for any resulting reactions in quality or quantity of images supplied.
- All images produced by BBP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by BBP. BBP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors. To ensure images are seen as intended it is advised that the client views them at BBP studio.
- All prices are subject to change without notice by BBP. No consideration will be given to previous clients regarding product pricing, availability, package structure or session fees.
- Although BBP will do it's 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
- Save as otherwise agreed between the Client and BBP, BBP shall be entitled to use it's 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, BBP may not be able to capture any, or all of the images the Client my have requested or expected. The Client is responsible for all children at all sessions.
- BBP fully edits all ready to print images before presenting them to the client. Images viewed by the Client for selection will not be fully edited, but may be lightly retouched and re-cropped. Additional full ready to print final edits are carried out at the discretion of the BBP, and BBP reserves the right to charge the Client for any 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 the proofing and selection stage. Requests not raised at this stage will not be considered once products have been ordered.
- Should no order be placed during the viewing and ordering session, images will be archived for one month from the session date. Retrieval can be requested for an admin fee of £25. Images not purchased after this time will be deleted.
8. COPYRIGHT AND REPRODUCTION
- Copyright is maintained by BBP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of BBP. This includes saving, screen shots and downloading from Facebook or other social media.
- The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture I whole or in part as an element within, or as a montage with, another picture without BBP's written permission.
- Permission to reproduce a picture is granted to the Client by BBP only when a fee for the reproduction has been agreed with BBP and an invoice has been issued by BBP and paid in full y the Client to BBP.
- In the event of unauthorised reproduction, the Client shall pay by any of liquidated damages to BBP an unauthorised use fee of £500 per image, or double the standard reproduction fee for the use concerned, whichever is greater.
- The right to reproduce a picture granted by BBP is personal o the Client and may not be assigned to any third party without BBP's prior written consent.
- The Client will fully indemnify BBP 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 th 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 BBP's written consent).
- While BBP has taken reasonable care to correctly identify, caption and orientate the pictures, it owes not accept any liability for loss or damage incurred by the Client or any Third Party caused by any errors.
10. RECEIPT OF PICTURES
A) The pictures are presumed to have been received in good condition unless the Client notifies BBP in writing of any discrepancy or error within 14 days of receipt.
11. COOLING OFF PERIOD
- Because the supply of photographs has been made to the Clients personal specification (i.e. Image number, print size, frame style etc), the Client does not have the right to a cooling off period.
- By placing an order with BBP, you are committing to buy the ordered products.
12. RETURNS POLICY
- Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
- Faulty items should be posted to Buds and Branches Photography, 10 Shepherds Close, Shepperton, TW17 9AL. The CLient is responsible for any costs associated with return postage.
- Returns will not be considered for incorrectly ordered items or items ordered in error.
- No return, exchange or refund is available on any time once the image proof has been approved, and an rider placed.
13. USE OF PICTURES
- BBP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purpose of sales, advertising or promotion of it's work.
14. MODEL RELEASE
- Unless specified in writing, BBP makes no claim or warranty as to the existence or validity of connected there with the 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.
15. 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 OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
16. CAMERA POLICY
- Cameras, 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 BBP.
IMAGES WILL BE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF BUDS AND BRANCHES PHOTOGRAPHY. AFTER THIS PERIOD, ALL SESSION PHOTOS WILL BE DELETED.