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 Terms and Conditions and Model Release prior to the Photo Session at the time of booking the service.
2) STANDARD PRICE LIST AND TERMS: a) The charges in these Terms and Conditions are based on the current session fee and package cost. The session fee and the package cost is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked. Client's fees for the photo session are personalised as per the booked session and props / set up requested during Client's consultation (online or verbal) and Client's chosen package of services. All fees are detailed in Client's invoice. All prices are subject to change at the discretion of Dream Artsy Photography. b) Due to the artistic nature of custom / personalised photography all sales of services are final. Due to the digital nature of digital images there are no returns, refunds or exchanges once delivered digitally. Due to personalisation and all print products being handmade to client's specifications / personalisation all sales are final unless clearly defective or damaged externally before client's collection.
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 session 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 session fee of £99, or the total agreed with a client whichever is higher will be paid by the Client prior to the photo session to secure Client's session date. The mini sessions or special offers have their own fees set as per offer and those shall apply as a non-refundable session slot fee. Shall the session require special preparations (such as props, cake, extra time, etc.) or any extra expenses agreed by both parties, those costs are payable in advance and are not refundable. In case of a cake smash session the cake fee of £35 shall be paid when booking along with any other expenses that require any kind of special, personalised preparation as per client's requested theme and is not already included in the package and / or not already available at the studio. Final payment of the remaining package balance shall be paid BEFORE but NO LATER THAN the day of the photo session. All payments can be made in cash, card or bank transaction. Images and further products will not be processed and delivered before the receipt of all payments and full clearance of such funds. No editing or design work will be started before the payments are received and cleared too and the turnaround of any such work will only start once paid in full and fully accepted / approved by the client.. These conditions apply to all digital files from the photo session, wall art and any other print products, digital designs of the albums and other personalised displays, customised products.
5) CANCELLATION: Should you decide to cancel the photo session, the initial session fee payment 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 session c) or other service minus the costs already suffered for the preparation of the originally booked photo session. Cancellations must be made no later than 48 hours prior to the photo session and shall be made in writing to hello@dreamartsy.co.uk 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 the client decide to cancel their booked session at all the booking fee and any expenses suffered due to specific props requested or cake ordered from a 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 the cake need to be ordered / purchased again due to them not being a long term item, the client shall pay the cost to reimburse the purchase / order of new props (such as fresh flowers but not limited to or such as a cake but not limited to).
6) CLIENT'S SICKNESS & PERFORMANCE: a) In the event of sickness prior to the photo session the Client agrees to make every possible effort to inform Dream Artsy Photography no later than 24 hours prior to the start time of photo session. The photo session 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 after agreeing on the re-scheduling due to sickness 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. b) In the event of the child falling ill during the photo session, Dream Artsy Photography reserves the right to postpone the photo session 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 and the session must be rescheduled within the period of 6 weeks as in "a". c) The Photographer shall not be responsible if the child is not cooperative at all, does not smile or do not show certain expressions that the client would like to capture. It is client's responsibility to prepare the child in advance, talk through the session and have realistic expectations of both the child's performance on the day and time allocated for the photo session. In the event of a child being uncooperative and session itself 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. d) the child is not the main or is not the only object of the photo session or if the photo session is an on sale mini session / special offer. The reshoot or reschedule of the session does not apply in case of client's no show or turning up late to their photo session. Dream Artsy Photography has the right to cancel the session due to lateness with all payments made non-refundable. There will also be no reshoot day offered for a session to which the client arrived late disregarding any non performance or the child falling ill during the session if the session still went ahead after but short except in case of very special circumstances accepted by the photographer. If the session is cancelled due to a no show or lateness the client shall pay a new session fee of £99 to secure a new date as well as all new fees related to certain non long term props or a new cake but not limited to these. e) The special offers / mini sessions cannot be rescheduled for a reshoot or another date or extended further than the original slot / time booked as they are special 1-2 day events only with all slots usually sold out well in advance and props / decorations / set ups prepared for those days only. Mini sessions cannot be extended unless 2 slots are booked back to back for allowing more time for your session. f) If your child / children have any additional needs or any medical condition this needs to be discussed prior to the booking to establish whether the mini session is suitable for them at all and what alternatives we could offer to attend Client's needs. Shall the client believe the mini session is not enough for their child due to child's age / character / special needs they can book more than one slot to best accommodate that or book a full session instead if available and offered by the Photographer.
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 for the photo sessions on location, including the cooperativeness of the subject himself both in studio and on location. As an artist, the photographer reserves the right to artistically interpret what he / she sees and in what ways he / she choose to photograph a scene. This may mean that some shots are colour, some are in black and white. The body of work will be selected by Dream Artsy Photography from all usable files & may consist of both black & white and colour images in various orientation and crop. 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 selected package). No other RAW files that were not selected by the photographer as usable shall be shown or discussed with the Client. No images or products shall be provided or any further work done before the final package balance payment is made in full. And no work on the final Client's gallery shall be started before the said 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 or deemed unsafe. c) FEES: Full photo session fee / package balance (package cost) is due BEFORE and NO LATER THAN the day of the session. The session may be cancelled on the day in the case of non payment (this applies to all mini sessions, special offers and full sessions). Due to the artistic and personalised / customised nature of the photographic print products and services all fees / package costs are final and non-refundable. d) EDITING TIME: The standard editing time is 2-5 weeks and starts after the session is finished but not before ALL agreed payments due (full photo session fee / package balance) are received and cleared. The turnaround time excludes national holiday time and sick days. Dream Artsy Photography reserves the right to extend this time due to annual leave, photographer falling ill, bereavement leave or due to the failure of the computer, software or any other means used in editing process. EDITING STYLE: The Photographer shall not be responsible for changing client's / subject's body or clothes in any way or shape in editing / post processing, this includes but is not limited to changing subject's body shape, hair, removing double chin, bruises, cuts, nails, dirt, runny nose, sweat and more as well as changing set ups and / or backdrops. e) PRODUCTS: The client shall understand that all print products are HANDMADE to client's specification and are produced by external labs (third party suppliers) both in the UK and outside of the UK. Any complimentary or extra products have their OWN turnaround which is SEPARATE from the photo session and editing / delivery of images even if they are included in the package already paid in full. Any and all product turnaround and delivery times are dependable on individual external labs and their terms and conditions as well as the shipping companies used by Dream Artsy Photography or the said labs / suppliers. Products can ONLY be printed once the editing process of the images is fully complete and accepted (designs MUST be accepted - approved for printing by the client) and this is when the turnaround of the products will start. The first designs / mock-ups will be forwarded to the client in about 1-2 weeks AFTER the processing of the digital images is complete. The average minimum printing and shipping time at the labs is 30 calendar days which may be extended due to but limited to quality control, stock issues, equipment failure, national holidays in the UK and overseas, delays in shipping, UK customs, weather conditions, damage or loss in shipping. All and any products included with the package are complimentary and therefore have no monetary value. Shall the Client not wish to have the products already included in their selected package there will be no discount, refund or reimbursement and no exchange to any other product or additional digital images. f) MEETING CLIENT'S DEADLINES: Shall the client need any products whether already included in the package as complimentary products or purchased separately for a certain date or occasion we unfortunately cannot provide such guarantee since the photographer is not the manufacturer of any printed products or wall art and shall rely on the estimated turnaround of the third party (-ies) such as external labs and shipping companies. The client shall therefore have all and any possible delays in mind as well as all personalised work needed to be done before any of the print products are ordered. The estimated turnaround of the third party labs and shipping companies will be subject to bank and national holidays both in the UK and overseas, as well as quality control, equipment failure and weather conditions, industrial strikes, stock issues etc. g) FAILING TO PAY IN A TIMELY MANNER: Shall the client fail to pay the final session balance before and no later than their session day no editing / designing or other work will be done until such balance is cleared. Any timescales for any further work will only begin after such payment is made and can be extended if the current turnaround has changed since the service was first provided or due to but not limited to national holidays, sickness, annual leave etc.. The photographer also retains the right NOT to be responsible for storing all and any digital files and remove them from the archives if the payment hasn't been received on the day. h) REVIEWING / SELECTING FINAL IMAGES: Shall the client fail to attend their viewing appointment soon after the session (usually within 1-2 weeks) to select their final images or review their online gallery to select their final images (if an online gallery is agreed for a mini session / special offer) and / or select their complimentary products, the photographer retains the right not to be responsible for storing all and any digital files and / or product designs and retains the right to remove them from the archives. Not having the digital files in the archives anymore will result in cancelation of any complimentary or separately ordered print products with no option of a refund too. After the digital files have been removed the process cannot be undone and no refund or any other reimbursement will be due. i) CHANGING YOUR MIND: Shall the client change their mind after the service (photo session) has been provided and require changes to the said session and / or its outcome an extra fee will be due for such changes. The fee will depend on the nature of the change and / or extras. In case of the client changing their mind of the set up / clothes used or due to anything else that was agreed on the day but the client then wants to change (such as subjects appearance but not limited to) an extra fee for a new photo session will be due. The sum of such fee will depend on the extra time needed for capturing the extra changes and on any new props / backdrops but not limited to. j) THE PRODUCTS: (complimentary or extra) are considered ordered from the third party / supplier at the time of the client ordering them from the photographer. At the time of ordering the products (complimentary or extra) the photographer will agree on the particular product and all and any personalisations with the client directly in person or in some cases over the phone and will detail such customisation in client's invoice. Due to the unique PERSONALISED nature of the photographic products (complimentary or extra) all product sales are FINAL. Shall the client change their mind about the products (complimentary or extra) the changes will be accepted where reasonably possible (such as colour or design order and / or layout) but only if the products are not already in the process of printing. Accepting of the changes in design is not guaranteed and the final say will depend on the individual third party lab used by the photographer to provide such products. Due to unique PERSONALISED nature and process of all and any photographic products no refunds will be granted if the client changes their mind and cancels the order. Shall the client FAIL TO APPROVE certain digital files and or designs / mock ups for printing in a TIMELY MANNER or FAIL to COLLECT all and any such products after they have been printed no compensation, reimbursement, exchange or refund for such products will be granted. The photographer reserves the right not to be responsible for storing any digital files for printing and / or designs / mock ups and remove them from all and any archives including online and physical such as SD cards and hard drives in case of no response from the client or failed collection. The photographer reserves the right not to be responsible for storing any products (complimentary or extra) in case of no response from the client or failed collection after 90 days. Shall the client wish to receive such digital files and or other products (digital or complimentary or extra print products) at a later date a new fee for a new digital or print product (complimentary or extra) will be charged where an original product is no longer available. k) Any active ONLINE GALLERY and / or DOWNLOAD link for any digital files will expire in 30 calendar days. The photographer remains the right not to be responsible for storing client's digital files in their final gallery or any archives including online and physical for longer than 30 calendar days. Shall the client fail to access and / or download their digital files in a timely manner such as 30 calendar days no refund, exchange or reimbursement will be provided if such digital files are no longer archived / available. Dream Artsy Photography reserves the right not to be responsible for client's email settings and if any gallery or download links shall be delivered to client's spam / junk folder or if they are not delivered at all due to client's email server and / or spam settings or client changing their email address or no longer having the access to the one originally provided to the photographer. Shall the client loose their copy of their digital files or fail to access their final gallery and / or download their digital files within the 30 calendar days the client will be charged a fee of £35 for their online gallery to be reactivated for another 30 calendar days but only if requested within a total of 90 calendar days since the original online gallery and / or download link activation and only if those digital files are still archived. The fee of £50 will be charged for any archive extraction and gallery / or download link reactivation when requested later than 90 calendar days and will only be possible if such digital files are still archived / available. l) The photographer reserves the right not to be responsible for any DATA on external storage devices such as USB even if the USB is provided as the product or part of the product. All USB devices are provided empty (blank) at a standard factory condition and settings and becomes the property of the client at the time of the sale. The client is then responsible for formatting the USB to their own device / devices and uploading and storing their digital files on it as well as using the said USB in a healthy manner. The photographer reserves the right not to be responsible for any corrupt files on the said USB device used by the client. USB shall not be treated as the only source of client's digital files and the client shall back up such files few times and on different devices / drives to guarantee recovery when needed. In rare cases if the USB fails to perform at the time of the collection of the device all complaints shall be referred to the issuing lab and any replacement of the device will depend on the said lab which will be limited to a blank USB device only and will exclude any data lost or corrupted. m) All our products are prepared to the highest level of perfection. Shall the client notice an ERROR / IMPERFECTION on the digital file such errors / imperfections shall be addressed in writing within 7 calendar days after the digital files were forwarded to the client. This only applies to genuine errors / imperfections on the digital file itself but not to something that is beyond photographers control such as subject's look or studio / light set up and / or posing accepted by the client on the day of the photo session. All physical print products are for COLLECTION ONLY and won't be posted. All physical print products are inspected carefully upon receiving from the lab and before handing them to the client. The client shall understand that all products are HANDMADE to client's specification and some imperfections or errors may occur from time to time. In case of any IMPERFECTION IN THE PRINT the photographer will contact the lab's claims department for the replacement. Any replacement will be at the discretion of the said lab. The client shall accept the product as perfect and fully to their satisfaction on the day of collection. If the client has noticed any damage, imperfection or print error on the product this shall be addressed at the time of the collection and the product shall be refused and not collected. The photographer shall contact the lab's claims department accordingly. Any replacement will be at the discretion of the said lab. No claims of any imperfections or damage to the product will be accepted once the product has been collected by the client. All physical print products shall be collected within 30 calendar days and will be removed and no longer stored if not collected. The photographer reserves the right not to reimburse for any physical print products that were not collected within 30 calendar days and charge a new fee for the orders of any new products including the previously complimentary ones.
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 for any legal purpose as the photographer is the owner of copyright of all images and is covered by Copyright Act. This will apply even when the images are not purchased by Client. If the subject is a minor the Client certifies that the Client is legally able to give consent for the minor child to take part in the photo session. The Client agrees that Dream Artsy Photography 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 recognises 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, a) as samples of work to be shown to prospective clients, b) for instructional purposes, c) 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, copied, shared, etc.). By signing this contract the Client also agrees to the following: cameras, including mobile phone cameras, and recording devices brought in by the Client or Client's accompanying persons may not be used during the photo session.
10) PERMITTED USES: The Client will agree to all terms of use for image files as stated below in our contractual Permitted Uses. Upon final payment of the Client: Digital files or prints may be used by the Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. Images may be used on personal social websites (including Facebook, Instagram, TikTok) as long as copyright notice and / or Tag appears on and / or near the images stating they were taken by “Dream Artsy Photography”. The Client shall not pass or sell the photographs for any commercial, editorial or advertising purposes and shall not enter them for ANY competitions without a written agreement from the photographer. The visual presentation of the image by the Photographer is his artistic vision and shall not be edited in any other way including screen shooting, cropping, adding artistic layers or removing Dream Artsy Photography watermark.
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 session fee 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.
12) FEES AGREED. The agreed total photo shoot cost is as per session fee and the package price list reflected on our website and in Client's invoice. The session fee of £99 is due at the time of booking. The final package price / balance is due before but no later than the session date. The minimum spent of £400 applies to all simple sessions. Exception: In case of a cake smash / maternity / family session the minimum spent of £400 or a full package balance is due before the session date. Shall the client pay the minimum spent of £400 the client then may upgrade the package as needed with the remaining balance of the chosen package upgrade and / or products if any paid at the viewing/ordering appointment. In case of the cake smash session the cake fee of £35 and any money covering personalised props if any shall be paid along with the above session fee when booking. No products and no digital files or complimentary products are included in the session fee of £99 but the fee is deducted from the final package cost. The client chooses the package as per our package price list during the session, before it or at their ordering/viewing appointment (Note: all newborn packages must be chosen and paid for in full before the session).
13) MISCELLANY. This Agreement on Terms and Conditions 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.
By paying your invoice or paying / booking online the Client agrees that the Client has read, understood and agrees with all the Terms and Conditions as above.
Looking for Newborn photographer? Our studio is based in Aldermaston provide services of bespoke styled newborn photography sessions in our studio and cover areas of Reading Basingstoke London Newbury Tadley Windsor Chiswick Chelsea Kensington Hammersmith and Fulham Acton Wembley Richmond Berkshire