Terms and Conditions.
In the following Terms and Conditions:
“Business” shall mean Marsha Cooper Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Session” shall mean the Session title inserted into the Contract;
“Photographer” shall mean Marsha Cooper Photography
“Products” shall mean any USB's, prints or other items listed in the Contract;
“Services” shall mean photography to be carried out during the Session and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
Session Fee: The session fee is payable at the time of booking in order to secure your session. Marsha Cooper Photography will confirm the Session, Date, Time and Services upon receipt of cleared funds in respect of the session fee. The Client acknowledge that the session fee is non-refundable or transferable in the event of cancellation by them.
Payments: Marsha Cooper Photography will be in contact approximately 2-3 weeks prior to your Session to arrange a pre-session appointment, if this is deemed necessary. Following payment of the Session Fee, the balance of fees due is to be paid as follows:
1) Any remaining balance is due at the start of the Session.
2) The minimum spend of £129 will be payable at the time of the viewing session.
3) Payment for any additional images or products must be made at the time of order. No prints or products will be ordered until all payments have been received in full in cleared funds.
Failure to make payment may result in cancellation and your images being deleted.
Bank Transfer (BACS) or PayPal payments may be accepted by prior arrangement, fees will be applied.
Delivery: Print orders and USB's processed by Marsha Cooper Photography will be sent via Royal Mail's first class delivery which offers no tracking facility.
Canvas orders are despatched directly from our canvas suppliers and are sent tracked via courier.
Marsha Cooper Photography cannot be held liable for any losses incurred where deliveries are delayed or lost.
Digital downloads: After payment has been received digital downloads are non-refundable and non-exchangeable.
License and Coverage: The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute. For Sessions involving a church ceremony or at certain other venues, the Photographers movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances. Whilst the Photographer shall endeavour to fulfil the Clients’ requirements. Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing. Where the Photographer is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer is not liable to compensate the Client(s) in any way whatsoever.
Health and Safety: Marsha Cooper Photography takes all precautions where health and safety are concerned. Any trip hazards/ dangers will be pointed out. Light stands and cables are kept out of the way as much as reasonably possible. Ultimately it is the parents responsibility to control their children and to keep them away from all items within the studio. Any children that are not kept under control or are considered to be unruly and a potential risk to damaging any equipment will be asked to leave the studio immediately. The session will be cancelled and no refund will be offered.
Marsha Cooper Photography cannot be held responsible if your baby or child won’t settle or refuses to participate in the session resulting in little or no suitable images being taken. Marsha Cooper Photography will do everything possible to produce high quality images. Where needed a re-shoot may be offered at a reduced cost and at a time suitable for the photographer.
Turnaround times: The images will be available to view on the website up to four weeks after the session has taken place. This could take longer in the event of holidays or illness. Marsha Cooper Photography will keep the Client advised of any delays. The images will be watermarked. If you would like to view the images without the watermarks a viewing appointment can be arranged.
Use and Display of Images: The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographers portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of Sessions. Other than via the password protected gallery the Photographer agrees not to resell any image to a third party other than with prior written consent.
Image and Reproduction: All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Only quality branded USB's are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for any damage. The Photographer cannot be held responsible for damage to equipment resulting from defective media.
Retouching: All images are professionally edited. Additional retouching, digital manipulation and artist finishing is available to the Client as an optional extra, prices start at £10 per image. Not all requests can be fulfilled by the Photographer due to the nature of photographic processing and time constraints, where the need arises the image will be sent off to third parties for more technical manipulation. No retouching work will be carried out until payment has been received in full for each image.
Ownership: Any digital files shall remain the sole property of the Photographer at all times. All completed galleries and products shall remain the property of the Photographer until full payment is received.
Copyright: Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer. All images are copyrighted to Marsha Cooper Photography even those that have been purchased by the client.
Copying, scanning, print screening or taking screen shots of any images unless agreed is strictly prohibited.
Equipment Failure; 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 any indirect or consequential loss.
Force Majeure: The due performance of this contract is subject to alteration or cancellation due to a Force Majeure event. A Force Majeure event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer attend a Session to perform the Services and any of the Parties fail to attend.
Cancellation: Where the Photographer has to cancel the Session, due to circumstances beyond her control the full amount of the Session Fee and any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer will not be responsible or liable for any additional costs incurred by the Client(s). Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer the following sums
- Notice received 14 days prior to the session date or more: Session Fee only.
- Notice received less than 14 days but more than 7 days: 50% of the agreed balance due will be payable.
- Notice received of 7 days or less: 100% of the agreed balance will be payable. The agreed balance will be accepted as being the cost of the session booked. The date of cancellation will be deemed to be the date the Photographer receives written Notice of Cancellation, as confirmed by the Photographer. Where an event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date the session is to be paid for in full immediately and will be non-refundable in the event of a second cancellation.
Complaints: All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.