Terms and Conditions for Family, Maternity, Child, Newborn, Cake Smash Photography
Between the PHOTOGRAPHER (hereafter “Dream Artsy” or “Dream Artsy Photography”)
and the Client (hereafter “Client”) on the date of booking
1) CONTRACT: The Client will agree to and sign our standard Contract and Model Release prior to the Photo Shoot.
2) STANDARD PRICE LIST. The charges in this Agreement are based on the current session fee. The session fee is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked. Your fees are personalised as per the booked session and props requested during our consultation (online or verbal) and fees are detailed in your invoice. All prices are subject to change at the discretion of Dream Artsy Photography. Due to the artistic nature of custom photography all sales are final.
3) TRAVEL: A nominal charge to cover travel expenses will be applied for all locations outside a 0.5 hour radius from our location which is RG7 4LH. This will be agreed upon prior to the Photo Shoot and paid alongside the initial session fee payment. Any travel expenses incurred by the Photographer due to late cancellation or late notification of sickness will not be refunded.
4) PAYMENT: A non-refundable booking fee of £95, or the total agreed with a client whichever is higher will be paid by the Client prior to the Photo Shoot to secure your session date. Shall the session require special preparations (such as props, cake, etc.) or any extra expenses agreed by both parties, those costs are payable in advance and are not refundable unless agreed otherwise in writing In case of the cake smash session the cake fee of £35 shall be paid when booking so any other expenses that require any kind of special, personalised preparation requested by the client. Final payment of the remaining balance should be NO LATER than the day of the Photo Shoot but could be paid in advance along with the booking fee if you wish to. All payments can be made in cash or bank transaction. Images and further products will not be delivered before the receipt of all payments and clearance of funds. No editing work will be started before the payments are received and cleared too.
5) CANCELLATION: Should you decide to cancel the Photo Shoot, the initial session fee payment (booking fee) will not be refundable. However, this payment may then be used for a) another date if the booking is cancelled early enough and for a good reason acceptable by the Photographer b) or other service if no costs were suffered for the preparation of the originally booked Photo Shoot c) or other service minus the costs already suffered for the preparation of the originally booked Photo Shoot. Cancellations must be made no later than 48 hours prior to the Photo Shoot and shall be made in writing to AND phoning us directly to confirm the cancellation notice was received. Initial payments will not be transferable for all cancellations not meeting the 48 hour deadline. Shall you decide to cancel your booked session at all the booking fee and any expenses suffered due to specific props requested or cake booked from 3rd party in the case of cake smash will not be refunded. Due to the nature of the cake smash session or any other exclusively personalised session the refund of the money spent to customise for a specific set up agreed with the client prior to invoicing for the session will not be granted. If the session is cancelled and the props or cake need to be ordered/purchased again due them not being a long term items, the client shall pay the cost to reimburse the booking of new props (such as fresh flowers but not limited to or cake but not limited to).
6) SICKNESS: We understand that children can be unpredictable and fall ill at any time. In the event of sickness prior to the Photo Shoot, the Client agrees to make every possible effort to inform Dream Artsy Photography no later than 6 hours prior to the start time of Photo Shoot. The Photo Shoot can be transferred to a new date which will be at the convenience of both parties within a maximum 6 weeks period. Dream Artsy Photography reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to re-schedule within the 6 weeks’ time period, Dream Artsy Photography has the right to cancel the session with all payments made non-refundable.
In the event of the child falling ill during the Photo Shoot, Dream Artsy Photography reserves the right to postpone the Photo Shoot and re-schedule at the convenience of both parties. In the event of this happening the Client agrees to cover all additional travel/preparation expenses and costs.
In the event of a child being uncooperative and session not possible due to that Dream Artsy Photography will offer one reshoot at the time agreed by both parties and the Client agrees to bear all additional travel/preparation expenses and costs. This does not apply when the child is not the main or the only object of the Photo Shoot or if the photo shoot is an on sale mini session.
7) a) IMAGES: Quantity of images supplied will vary depending on time spent with Client & level of activity. There is no guarantee of the number of images presented from a session as many factors such as light, weather conditions, etc. contribute to this, including the cooperativeness of the subject himself. As an artist, we reserve the right to artistically interpret what we see and in what ways we choose to photograph a scene. This may mean that some shots are colour, some are B&W. The body of work will be selected by Dream Artsy Photography from all usable files & may consist of both black & white and colour images. Appropriate images for Client's gallery will be selected and laid out by Dream Artsy Photography. Images presented to the Client in his final gallery are the ONLY images available. All images will be selected carefully and hand edited for the final gallery (number of images to be delivered as per booked package). No other RAW files that were not selected by Dream Artsy Photography as usable shall be shown or discussed with the Client. No images or products shall be provided before payment is made in full. And no work on the final Client's gallery shall be started before the payment is made in full. b) STYLING: Due to artistic nature of the services the photographer reserves the right to style the session and not to photograph the style/props/poses/etc. that are outside the usual style and vision of the photographer. c) EDITING TIME & STYLE: The normal editing time is 2-5 weeks and starts after the session is finished but not before ALL payments due are received and cleared. Dream Artsy Photography reserves the right to extend this time due to photographer falling ill or due to the failure of the computer or any other means used in editing process. Due to the artistic nature of the product all edits are final.
8) COPYRIGHT: Dream Artsy Photography will retain all rights and copyright to the images supplied.
9) MODEL RELEASE: Dream Artsy Photography may use the images as stated in our contractual Model Release. This will apply even when the images are not purchased by Client. If the subject is a minor the Client certifies that he is legally able to give consent for the minor child. The Client agrees that Dream Artsy may use the images with or without his name for any lawful purposes, including but not limited to publicity, illustration, advertising and web and social media content. The Client recognizes that Dream Artsy Photography may reproduce, publish (including internet), exhibit and otherwise use images created hereunder, photographic likeness and/or the name, with or without specific identification of persons or events, (1) as samples of work to be shown to prospective clients, (2) for instructional purposes, (3) as samples of work to be displayed for marketing or competition. The Photographer shall not be held responsible for any actions of other parties shall some of the published images be used illegally (downloaded, shared, etc.). By signing this contract you are also agreeing to the following: cameras, including mobile phone cameras, and recording devices may not be used during our session.
11) FAILURE TO PERFORM. If Dream Artsy Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness and the session cannot be rescheduled, then Dream Artsy Photography shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer- Dream Artsy Photography. In the event Dream Artsy Photography fails to perform for any other reason, they shall not be liable for any amount in excess of the actual value of the Client’s order and the money actually received from the Client.
12) MISCELLANY. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the United Kingdom of Great Britain.
13) FEES AGREED. The agreed total photo shoot cost is £ (as detailed in your invoice) and includes the booking fee of £95 and/or a minimum payment and/or the money paid forward for the personalised props/cakes for the client's session. Booking fee of £95 is due before the session date and the remaining balance of the minimum spent shall be paid in full no later than 2 weeks before the photo shoot date. When minimum spent is paid the client can upgrade to a higher package during/after the session. If agreed so the client pays the full session fee in advance. In case of the cake smash session the cake fee of £35 and any money covering personalised props shall be paid along with the above booking fee too. No products other than digital files and the complimentary products included with client's package are included but could be ordered at a separate cost.
By paying your invoice you agree you have read, understood and agree with all the T&C as above.