CONTRACT FOR PHOTOGRAPHY SERVICES
AGREEMENT TERMS & CONDITIONS
Session fee and payment:
The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
The Client agrees to pay a session fee to secure the booking no later than 24 hours after booking a session slot. This session fee is non-refundable in the event of cancellation. The total price of the session consists of the session fee and the package price, at least one of the packages must be selected on the viewing appointment. The session fee is deductable from package price.
The session fee covers:
- Session up to 1 hour (for newborn sessions up to 3 hours) shooting time & setup at studio
- Photographers knowledge and skill throughout the session
- Time of preparation
- Use of props, backgrounds, wraps, hairbands, hats and photography equipment
- Digital retouching & editing of Clients portraits
- Viewing appointment
The Client agrees to receive images only after digital retouching and editing.
Orders will be completed within 2 - 4 weeks, more details on T&C page.
Copyright and Reproductions:
Photographer agrees that Client may copy/reproduce/ enlarge the images for non-commercial and personal use only.
Client agrees not to use the images for profit, sale or competition without the written permission of the Photographer. The images must not be altered in any way by the Client which includes cropping, adding filters, changing colours, removing watermark (this list is not exhaustive).
Client agrees that Photographer owns reproduction rights and may use any images for publicity and advertising purposes, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
To be able to effectively promote the business, photographer needs to be able to update the portfolio regularly with most recent work. Therefore publication of photographs from recent photo sessions is essential to maintain an accurate image of the company, presenting the unique style and the quality of work. For this reason Serenade Photography offers a £50 discount to all clients who are happy to give consent for publication of photographs from their photo session. This includes website portfolio, marketing materials and social media publications. The discount is already included in the prices displayed on the website. Should you wish to withdraw your consent for image publication, the discount will be canceled and your final balance will be increased by £50. This need to be communicated strictly before the session takes place.
PROOFS, VIEWING APPOITMENT
Images shall be made available to the Client to view on a private viewing appointment within 2-4 weeks of the session date. Serenade Photography is unable to store unwanted images indefinitely, images not purchased within a period of 2 months following a photo shoot will be considered unwanted, and will be deleted from my systems without further notice. Once the images have been purchased they should be backed up by the client and Serenade Photography is no longer responsible for any digital files once they are taken by the client.
Failure to Perform:
If the Photographer 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, then the Photographer shall return 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. In the event the Photographer fails to perform for any other reason, the
Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
Photographer is not responsible for the ordered prints other than the Photographer’s own prints, that the Client will buy from photo labs.
Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
The parties have read of this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties.
TERMS & CONDITIONS
By booking an appointment with Serenade Photography by Malwina Kovacs you are subject to these full terms and conditions.
ORDERING AND PAYMENTS
Session fees are paid to cover my time to create and process your images but do not include any products, which must be purchased separately. Any products purchased must be paid for in full no later than 24 hours after placing the order.
By booking a session the Client agrees to pay a session fee no later than 24 hours after booking the session slot by cash or bank transfer.
The gallery of the edited images will be available on the viewing appointment within 2 to 4 weeks after the session. The viewing appointment is taking place in Serenade Photography's studio. The products or package will be selected on the viewing appointment.
Failure to meet these deadlines may result in cancellation of the order. Prior instalments of payments will not be refunded.
All prices are subject to change at any time without notice. For those clients who have already booked a session or service, prices will remain the same as when they booked it.
CANCELLATION AND RE-SCHEDULING
The session fee is not refundable upon cancellation of the session. Re-scheduling the session by the Client is only possible on up to two occasions per booked session and at the discretion of Serenade Photography. Any further re-scheduling request will be treated as a new session booking and therefore requires a session fee again. Please keep in mind that for these bookings the current prices at the time will apply if they have changed in the meantime.
RESPONSIBILITY AND ANY DAMAGES
You agree to take all reasonable steps to ensure you and your family's safety while at the premises / in session with Serenade Photography. Serenade Photography and its representatives will not be held liable for any injury incurred by you or your family, or any damage to your property during the photo session or while on studio premises. Furthermore, you will take responsibility of any damages caused by you or your family while on the premises / in session, and you may be charged to replace props/items that belongs to Serenade Photography.
COOPERATION/ NO SHOWS
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots.
COPYRIGHTS AND OWNERSHIP
Serenade Photography by Malwina Kovacs retains copyright and ownership of all images taken during the photo-shoot. Editing or altering of the images in terms of style, colour, additions, subtractions, cropping or any other form of post-production or enhancement by the Client or a third party is not permitted.
Serenade Photography by Malwina Kovacs reserves the right to use and exhibit the images wholly or in part for any purpose required, including, but not limited to; portfolio, display, advertising, marketing and editorial in a variety of print and digital formats.
The Client Gallery will be available on the viewing appointment within 2-4 weeks after the session for the Client to choose from. If the Client does not show up on the scheduled viewing appointment without notice, and no communication is received in the next 7 days, the gallery will be deleted and no refund will be given. Rescheduling the viewing appointment by the Client is only possible once per booked session and at the discretion of Serenade Photography, any further re-scheduling request will incur a charge of £50. The viewing appointment will take place in Serenade Photography's studio and will take up to 45 minutes. The decision on the order, chosen package and additional products must be made on the viewing appointment, and are final.
Due to storage capacity limitations all Client images will be permanently erased after 2 months of order completion.
Once the images have been purchased they should be backed up by the client and Serenade Photography by Malwina Kovacs is no longer responsible for any digital files once they are taken by the client.
Print Life & Sizes
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities. Serenade Photography cannot be held responsible for the quality of print products provided by a third pary.
Depending on print or canvas size requested, some cropping of an i mage may occur. The Photographer will use their professional judgement to crop the image as required, however we will advise the Client if a particular print size ordered is entirely unsuitable for the photograph in question.
1. WHAT INFORMATION IS BEING COLLECTED?
1.1 – We collect a variety of information before, during and after you book with Serenade Photography and use any of our services. This includes:
• Names, Addresses and Contact Information of the person(s) placing an order with us.
• Names, Addresses and Contact Information of the person(s) using our services.
• Names (and in some cases ages and gender) of all participants of a photo shoot.
• Details and notes taken throughout a photo session or service provided to help us remember conversations during and details of your session.
1.2 – If you E-Mail us or send us messages via social media, these messages are stored within our email system or social media accounts. These messages are stored for as long as practicable to allow us to provide you with better future services.
2. WHO IS COLLECTING THE DATA?
2.1 – This data is being collected by Serenade Photography. We use a password protected data management software to hold our data.
3. HOW IS IT BEING COLLECTED?
3.1 – The majority of our data is collected directly from you. Whether you fill out a form for us online, or tell us face to face, via the telephone, via e-mail or message.
3.2 – In some cases, data may be given to us by a third party. This includes if somebody purchases a voucher for you – they will usually give us your name and details to allow us to process their order, and provide our service to you.
4. WHY IS IT BEING COLLECTED?
4.1 – Most of the data we collect is solely for the purpose of providing you with a service you have ordered, or had ordered for you.
4.2 – Some of the data we collect is to help provide you with a better customer service experience
4.3 – We are required by law to collect and store certain information relating to any order you place with us.
5. HOW WILL IT BE USED?
5.1 – Data we collect will be used by Serenade Photography to enable us to provide our services and products to you.
5.2 – Contact data (e-mail addresses) may be used to send you direct offers from Serenade Photography about upcoming promotions or newsletters. These can be unsubscribed from at any time.
5.3 – Serenade Photography may internally analyse data for business and forecast purposes.
6. WHO WILL IT BE SHARED WITH?
6.1 – We take your privacy very seriously. We do not sell your data to third party organisations. There are a few scenarios where some of your data may be shared with third parties to allow us to provide our services to you. These include:
• Delivery and Postage Service Providers to allow us to send you documentation and orders you have placed. (Information shared includes Name, Address and in some case e-mail address / mobile number)
• Manufacturers (our printing labs) if we are sending an order directly to you from a lab. (Information shared includes Name, Address and in some case e-mail address / mobile number)
• Law Enforcement and Legal Requirements – we will provide data to law enforcement agencies if issued with a court order to do so.
7. HOW WILL THIS AFFECT YOU?
7.1 – We collect, store and process your data in such a way that should have no negative effect on you as an individual.
8. HOW LONG IS THE DATA STORED?
8.1 – Most data we collect is stored indefinitely. This is too allow us to provide a better service to you as a customer in the event that you contact us again in the future.
8.2 – We are legally obliged to store some data for a minimum amount of time, for example sale order records, payment records etc.
9. ACCESS TO STORED DATA.
9.1 – If you have any questions about data we hold about you, please feel free to contact us. As well as trying to help you directly.
9.2 – You may request a copy of any data we store about you – and we will comply with any requests as per the guidance of the Information Commissioner’s Office.
10. MORE INFORMATION.
10.1 – If you would like any clarification on how we collect, store or process your data – please contact us directly.
10.2 – If you would like further information on the legal guidelines we operate within, or have any concerns about how we use your data, please check the ICO’s website at https://ico.org.uk
11. OUR DETAILS
11.1 – This business is owned and operated by Malwina Kovacs trading as Serenade Photography.
11.2 – Our principal contact for business is : firstname.lastname@example.org