Portrait T&C's

Terms & Conditions

 

Note - For the purpose of this document Katy Tainton Photography shall be referred to as KTP.

The non refundable fee payable to KTP to secure a booking shall be referred to as the Session Fee

The person who pays the session fee/package deposit or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.

 

1. APPLICABLE LAW

  1. The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.  

  2. 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. SESSION FEE

  1. A booking is considered firm on payment of a SESSION FEE (£40 for mini sessions, £90 for bespoke portraits).

  2. This Session Fee is not returnable except in the event of KTP cancelling the booking.

  3. The Session Fee may be increased depending on the number of subjects to be photographed at the session.

 

3. CANCELLATION

Should the client need to cancel due to ill health of the Client or child to be photographed, the Client will be allowed one discretionary reschedule of the session. If the Client wants to reschedule for a second time, the session fee will be retained and another session fee will be payable.

 

4. FULFILLMENT OF OBLIGATIONS

  1. KTP 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.

  2. The Client understands and accepts that the photographic coverage will be as KTP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.

  3. In the unlikely event of total photographic failure 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.

 

5. PRINTS. 

All images produced by KTP are done on a fully calibrated monitor, and all printed products purchased through KTP will be a true reflection of the editing carried out by KTP. KTP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors or printing at sub-standard print labs. To ensure images are seen as intended it is advised that client obtains prints via KTP. 

 

6. PREVIEWS/PROOFS

Although KTP 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.

 

7. ARTISTIC INPUT

  1. Save as otherwise agreed between the Client and KTP, KTP 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 uncooperative children at a session of any kind, for any reason, KTP 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. No refund will be given if children are uncooperative at the booked session.

  2. KTP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of KTP, and KTP 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.

 

8. COPYRIGHT & REPRODUCTION

  1. Copyright is retained by KTP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of KTP.  

  2. The Client may not alter or add to or manipulate a picture by means of computer (e.g. Instagram filters) 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 KTP’s written permission.

  3. KTP will provide the client with high resolution versions of all purchased digital images to be used for printing purposes. KTP will also provide the Client with web optimised versions of purchased images, baring the logo of KTP. The Client MUST use the web file for any upload to personal social media sites such as Facebook, Twitter and Instagram.

  4. Permission to reproduce a picture is granted to the Client by KTP only when a fee for the reproduction has been agreed with KTP and an invoice has been issued by KTP and paid in full by the Client to KTP. 

  5. In the event of unauthorised reproduction, such as unauthorised screenshots of the images from the gallery, the Client shall pay by way of liquidated damages to KTP an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.

  6. The right to reproduce a picture granted by KTP is personal to the Client and may not be assigned to any third party without KTP’s prior written consent.

  7. The Client will fully indemnify KTP 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 KTP’s prior written consent).

 

9. IDENTIFICATION

While KTP 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.

 

10. RECEIPT OF PICTURES

The pictures are presumed to have been received in good condition unless the Client notifies KTP in writing of any discrepancy or error within 14 days of receipt.

 

11. COOLING OFF PERIOD

  1. 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.

  2. By placing an order with KTP you are committing to buy the ordered products.

 

12. RETURNS POLICY

  1. Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.

  2. Faulty items should be posted to Katy Tainton Photography, 39 Winifred Road, Skewen, Neath, SA10 6HW. The Client is responsible for any costs associated with return postage.

  3. Returns will not be considered for incorrectly ordered items or items ordered in error.

 

13. USE OF PICTURES

  1. KTP 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.

  2. Images are kept indefinitely by Katy Tainton Photography.

 

14. MODEL RELEASE

Unless specified in writing, KTP 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.

 

15) 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. 

LET ME TELL YOUR STORY...

My approach to weddings is relaxed, friendly and fun. This means I can capture the true story of your day and ultimately give you images that will take your breath away.

I adore hearing about and seeing all the unique details of every wedding, so let's get together over a coffee and I can get the full story!                  

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             07764 497212               katytainton@me.com

Wedding photography in South Wales covering Swansea, Gower, Cardiff, Llanelli, Carmarthen, Bridgend, Neath, Port Talbot, Cardigan and Pembrokeshire

Copyright © 2020 Katy Tainton Photography

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