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Note – For the purpose of this document Maddy Rogers Photography shall be referred to as MRP.. 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
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 FEE
a) By booking with MRP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for newborn, portrait sessions, and 1:1 mentoring training sessions are non refundable except in the event MRP cancels the booking. lf a booking is made via an online booking system, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
3) REFUND POLICY FOR FULL NEWBORN EXPERIENCE. MRP will fully refund the booking fee in the event Client is not willing to purchase any images. This is not applicable to any other kind of session, and not applicable to Clients who choose an online gallery to view their images remotely.
4 )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 MRP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of MRP, 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.
5) FULFILMENT OF OBLIGATIONS
a) MRP shall not be liable to the Client for any failure, in whole or in part, to fulfil 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 MRP’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.
d) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, MRP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) If Client is more than 30 minutes late for a session without communication the session is cancelled and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.
6) CAKE SMASH SESSION
a) It is the clients responsibility to inform MRP of any food allergy or intolerances the clients baby has prior to ordering the cake. MRP will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform MRP. By signing the Cake Smash contract you waive all rights to sue MRP if any illness results due to lack of information given to MRP by the client.
a) All images produced by MRP are done on a fully calIbrated monitor, and all prints will be a true reflection of the editing carried out by MRP. MRP 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 client views them at MRP studio
b) All prices are subject to change without notice by MRP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although MRP 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.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and MRP, MRP 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, MRP 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.
b) MRP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of MRP, and MRP 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 Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
c) lf The Client does not view or purchase images within three months of the session without arrangement, MRP will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by MRP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of MRP. This includes saving, screen grabbing and downloading from Facebook or other 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 MRP’s written permission.
c) Permission to reproduce a picture is granted to the Client by MRP only when a fee for the reproduction has been agreed with MRP and an invoice has been issued by MRP and paid in full by the Client to MRP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to MRP 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 MRP is personal to the Client and may not be assigned to any third party without MRP’s prior written consent.
f) The Client will fully indemnify MRP 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 MRP’s prior written consent).
a) While MRP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
12) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies MRP in writing of any discrepancy or error within 14 days of receipt.
13) COOLING OFF PERIOD
a) There is a 14 day cooling off period where Client many cancel any booking from the day MRP acknowledges receipt of the booking fee.
b) Because of the bespoke nature of photography, and because the supply of the photographs has been 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, refund or exchange on products of any kind once the order has been placed.
c) By placing an order with MRP you are committing to buy the ordered products.
14) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Maddy Rogers Photography, 2 Larch Crescent, Grimsby, DN34 4JB. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
15) USE OF PICTURES
a) MRP 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.
16) MODEL RELEASE
a) Unless specified in writing, MRP 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.
17) 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.
18) 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 MRP.
20) TRAINING COURSES AND WORKSHOPS
a) Booking fees are non refundable unless the training event is cancelled by MRP. The balance of any event is due 14 days before the event. After the full fee is paid 50% of the balance is non refundable unless the event is cancelled by MRP. In the event of the delegate needing to cancel, the fee can be transferred to another training event.
b) For short notice training events where the full fee is due to secure a space, MRP will refund the full amount to client in the event of MRP cancelling the event. Refunds due to client cancelation will be refunded if the space can be filled. In the event the space cannot be filled 50% will be refunded by MRP.
c) While every effort will be made to cover all aspects of the training as advertised, MRP cannot accept responsibility for the nature of the models on the day, and therefore cannot guarantee all aspects will be covered.
d) MRP can not be held responsible for failure of training client to obtain models when training away from MRP studios. Training will include use of training aid StandInBaby at the discretion of MRP.
e) When offering a child as a model for training by MRP, a deposit of £25 is required to reduce no show risk. They will be fully refunded when the model client attends the training. Should the model client not show up the deposit will not be refunded. Models are used specifically for training purposes, therefore props and set ups are beyond the control of the parents. MRP will use whatever props are required for that particular training session. The client agrees that all and any images taken on the raining day can be used for online or printed promotions by MRP and training associates in any way.
a) By paying for the first class on Clients chosen course Client agrees to pay for and attend all classes on the course.
b) Failure to pay for a class will forfeit all further classes on the course.
c) MRP will not be held responsible for Clients rate of learning or success or failure thereof during or after the course has finished.
d) By booking training or mentoring Client agrees not to take up and sell their own newborn training within 12 months using any training received at MRP.
22) GIFT VOUCHERS
a) Gift vouchers purchased from MRP are only valid for 12 months from date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non transferable. No refunds will be given.
23) ONLINE GALLERIES
a) Online galleries will be live for 24 hours ONLY at a time Client agrees. All orders must be decided during this time.
b) The first reopening of online galleries will incur an admin charge of £25. Reopening of galleries after this will incur a charge equal to the lowest available digital package, payable towards the final order.
a) All bookings made from 24th March onwards are subject to government guidelines regarding Covid 19. Should your session be unable to go ahead, it will be swapped for an age appropriate session of equal value as soon as it is safe to do so.
b) While every safety precaution is taken to minimise risk, by placing a booking Client accepts that MRP will not be held responsible for any infection of COVID-19 after Clients session of any kind.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF MADDY ROGERS PHOTOGRAPHY.
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