This agreement is between the client booking and attending the photography session and Little bird photography. The client and the photographer consent to happily co-operate and communicate with each other to achieve the best possible result within the understanding of this contract.
Taking of photographs during the photo session by anyone other than the photographer is not permitted. The photographer cannot be held responsible for any injury or damage to persons or possessions during the photo session.
Health : If there are any health issues with the baby please inform the photographer . I would need to know before I can proceed with the session, to ensure i am aware and so I can work around this as safety is very important.
1) session fee & payment The session fee covers the photographers time only, does not include any images or products. Payment must be received from the day of booking and not later then on the day of the session by cash, paypal or bank transfer. The fee is to secure the photographers time and is therefore non-refundable or transferable in the event of a cancellation unless little bird photography cancels a session. A deposit of £ 20 is payable at the time of booking.
2) cancellation The client can cancel the contract with little bird photography at any time by giving written notice to little bird photography , this must be done in writing 14 days before the booking, but in doing so shall forfeit any monies paid. It will be considered as liquidated damages to the photographer. Cancellations outside of emergencies should be made no less than 24 hours prior to agreed time and date. If you or your children are not well give us notice asap and we will re-shedule (no more than twice).
3) copyright law: The copyright of the photographs remains with the photographer. The photographer grants the clients permission to make copies of the images under the following conditions. The images taken by the photographer are for personal use by the clients and their friends and relatives. Sale, publication or any commercial use of the photographs is not allowed without prior written permission from the photographer.Alternation of the images handed to the client is strictly forbidden by anyone other than the original photographer, you may not pass copies of any images to any other professionals without the prior consent of your photographer You will be provided with large full resolution .jpg images for printing, please do not crop or alter these images in any way, where a breach is discovered, the client will be liable for the full cost of digital images. RAW images will remain the property of the photographer and cannot be transferred to the client or purchased.
4) editing Your photographer is allowed to have full artistic license with editing. Images will be available within 2-3 weeks however this may be subject to change during busy periods. if any re-edits are required after the images are handed over , 2 images can be re-edited free of charge after these i charge £5 for each additional image to be re-edited. Editing time after the session can be up to 4 weeks but is often less.
5) ordering We request that all decision makers are present at the order session and ideally without children (older than babies)to allow focus on your product choices.Little bird photography is not obligated to provide the client with any images that are not already presented. Client is responsible for ensuring that they are ready to order and pay at the viewing and ordering session.For all orders, payment is due in full on the day of ordering via cash or card before editing and processing begins.Failure to meet these deadlines may result in cancellation of the order.All portraits, canvases, frames, etc. are non-refundable. Orders cannot be cancelled due to the custom nature of the products. Orders are 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. By placing an order with Little bird photography you are committing to buy the ordered products. Furthermore, all photographic products purchased must remain in original form they were given and may not be scanned or otherwise reproduced or altered in any way family are more than welcome to contact us to place orders. All products are checked before collection, to ensure these meet your expectations. Little bird photography has a minimum spend of £199 with any newborn session and £ 119 with any other session, session fee is not included and priced seperately.
6) Receipt of portraits, wall art or products All orders are presumed to have been received in good condition unless the Client notifies Little bird photography in writing of any discrepancy or error within 14 days of receipt.
7) vouchers Vouchers are non-refundable and non-exchangeable, and are to be redeemed against current photographic packages offered by Little bird photography, they have no monetary value
8) images All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching .It is sometimes impossible to record digitally the exact colour as seen by the human eye. Files are edited on a colour calibrated monitor, the photographer cannot be held liable for colour and quality issues with clients own print lab if digital files are purchased.Products might differ from colour because of the base it is printed on.
9) Storage of images We know how important your photo’s are and we will store them for as long as we can so you will be able to order with us for years to come unless there is force majeure and it is beyond our control.
10) limit of liability In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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 loss. If the photographer is too ill or becomes injured and cannot attend your session another alternative date can be arranged or you can choose to get any deposit paid back.Little bird photography will have no liability in the event of photos being lost due to equipment malfunction, loss in the mail or otherwise lost without fault of the photographer.The photographer will hold no liability in the event that the content and/or presentation of the images are not satisfactory to the taste of third parties.
11) fulfillment of obligations The Photographers judgement regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested,or images to the client’s full expectations. In the event uncooperative children at a session of any kind, for any reason, Little bird photography may not be able to capture any or all the images the client may have requested or expected. The client is responsible for all children at all sessions.
13 ) Model release I understand that the Company wishes to use the photographs taken during the photo shoot featuring the persons listed in the booking form as Models. I confirm I am the parent or guardian of any children listed as Models for the purposes set out below. 1. Subject to clause 2, I grant the Company exclusive permission to use the Photographs throughout the world for the following specified purposes: 1.1. in the Company’s printed publications, presentations, promotional materials (including but not limited to leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars); 1.2. in the digital advertising of the Company’s goods or services 1.3. in social media forums such as Instagram, Pinterest and Facebook; or 1.4. on the Company’s website. 3. I do not object to the Company: 3.1. storing copies of the Photographs for the Specified Purposes or to it storing my contact details on its database in case it needs to contact me; or 3.2. transferring the Photographs and my contact details to a destination outside the European Economic Area (EEA) or storing them at a destination outside the EEA for the purposes set out in clause 3.1 4. The consents granted in this agreement are valid for a period of five years from the Photo Shoot Date , following which the consents automatically expire. I understand that I may withdraw any or all of my consents at any time, and in relation to any specific media, by advising the Company in writing. However, if I withdraw my consent to some or all of the Specified Purposes in circumstances where I received compensation or complimentary or discounted Package in exchange for those consents, I will reimburse the Company for any specific costs incurred by the Company to undertake the Photo Shoot (for example, the cost of hiring props or reserving a specific location), refund any amounts received in compensation and pay such amount as reflects the full value of the Photographs (in digital or print format) I received, less any amount I have already paid towards the Package. 5. The consents granted in this agreement apply solely to the Photographs and do not apply to the names, ages or other personal information relating to the Models. The Company will not include any personal information relating to the Models, other than the Photograph itself, in any publication featuring a Photograph. However, the Models may be identifiable in the Photographs and the Company is not responsible for the conduct of any third party arising from identification of a Model. The Company is the sole owner of the copyright in the Photographs and no compensation is payable to any person for use of the Photographs by the Company in accordance with these consents. The Company may crop, resize, edit, retouch, manipulate or otherwise alter the Photographs in its sole discretion. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).