Terms & Conditions
Studio Policy, Image Use, Licensing, Liability and GDPR Compliance
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. THE BOOKING FEE
a. The booking fee is due in full by the client at the time of booking in order to secure the appointment. The Photographer will not hold any dates open without booking fee payment.
b. Booking fees taken for any newborn, maternity, family, child portrait sessions, outdoor, cake smash, mini session or event are non-refundable except in the event the Photographer cancels the booking.
3. 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 Sarah Bartleet Photography for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of the Photographer, 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.
4. FULFILLMENT OF OBLIGATIONS
a. Sarah Bartleet Photography 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 Sarah Bartleet Photography'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 the Client fails to read the supplied guidelines, and therefore fails to carry out required preparations prior to a newborn session or other, Sarah Bartleet Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
5. NEWBORN SESSIONS
a. Prior to your newborn session, please inform Sarah Bartleet Photography of any concerns or conditions to be aware of to ensure your baby's wellbeing is preserved at all times.
b. If, at the time your baby appears unwell, your session will be terminated and a reshoot offered at the next available date. This may mean your baby is older and may be more alert during the session. Illnesses beforehand are welcomed to be notified in advance so that a suitable date can be provided.
c. Sarah Bartleet Photography will manage your expectations throughout the session, which means that this depends on how your baby is on the day. Not all babies are comfortable in all poses and therefore no particular pose is guaranteed to be performed.
d. Parents are required to bring items such as nappies, muslin cloths, milk (chosen formula or expressed) and appropriate clothing as you would normally. These are not provided in the studio.
6. CAKE SMASH SESSIONS
a. It is the client’s responsibility to inform Sarah Bartleet Photography of any food allergy or intolerances the clients baby has prior to ordering the cake. Sarah Bartleet Photography 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 Sarah Bartleet Photography.
b. By paying a booking fee you waive all rights to pursue legal action against Sarah Bartleet Photography if any illness results due to lack of information given to Sarah Bartleet Photography by the client.
7. MATERNITY SESSIONS
a. It is the client’s responsibility to inform Sarah Bartleet Photography of any pregnancy related conditions, which may cause discomfort during the session.
b. Sessions ideally will take place between 30-36 weeks and no later due to the increase likelihood of labour and birth occurring.
c. A limited number of dresses are available, and a selection of fabrics can be made available at your session.
d. Your family and partner can take part in your session for a few photographs.
8. MINI SESSIONS
a. Mini sessions are seasonal and not offered all year round.
b. Please see any specific terms and criteria on the booking information page/advertisement for these sessions.
c. Please arrive promptly for your session, as there may be clients arriving after you.
d. Non-attendance equals cancellations with no refunds offered. Your session may not go ahead if you are at least 10 minutes late.
e. The prices advertised are subject to change.
9. PRINTS AND PRODUCTS
a. All images produced by Sarah Bartleet Photography are done on a high resolution screen and all prints will be a true reflection of the editing carried out by Sarah Bartleet Photography and will not be held responsible for variances in images caused by clients viewing images on lower resolution screens or monitors. To ensure images are seen as intended it is advised that client views them at Sarah Bartleet Photography home studio.
b. All prices are subject to change without notice by Sarah Bartleet Photography. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
10. IMAGE PRODUCTION AND HANDLING
a. As otherwise agreed between the Client and Sarah Bartleet Photography, Sarah Bartleet Photography shall be entitled to use her 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 variances of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of un co-operative children at a session of any kind, for any reason, Sarah Bartleet 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 times during sessions.
b. Sarah Bartleet Photography fully edits all images before presenting to Client. Additional edits are carried out at the descretion of Sarah Bartleet Photography and reserves the right to charge the Client for additional editing to cover time involved, at a rate of £20 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. Although Sarah Bartleet Photography 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.
10. COPYRIGHT, LICENCING & REPRODUCTION
a. Copyright is retained by Sarah Bartleet Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Sarah Bartleet Photography. 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 Sarah Bartleet Photography's written permission.
c. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Sarah Bartleet Photography an unauthorised use fee of £1000 per image or double the standard reproduction fee for the use concerned, whichever is the greater.
d. The images that are being provided to the Client are licensed for any reasonable personal purposes, including but not limited to printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Sarah Bartleet Photography from any liability due to loss or damage of the images, and also releases Sarah Bartleet Photography from any obligation to maintain copies of any digital file, image, or photographs after 12 months from the date produced.
e. The Client will fully indemnify Sarah Bartleet Photography 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 Sarah Bartleet Photography's prior written consent).
11. IDENTIFICATION
a. While Sarah Bartleet Photography 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 Sarah Bartleet Photography in writing of any discrepancy or error within 14 days of receipt via email to [email protected]
13. CANCELLATIONS AND COOLING OFF PERIOD
a. As per distance selling regulations, you have the right to cancel any contract entered into via the internet within 14 calendar days.
14 days begins from the date the booking fee is paid – as payment of the booking fee constitutes acceptance of the contract terms.
After the 14 day period has elapsed, please see your contract for further details as additional charges may apply.
In order to cancel your contract, please send your cancellation via email to:[email protected]. Please note a confirmation e -mail will be sent within 72 hours of receipt. If your do not receive a confirmation e-mail, please contact us immediately at 07971506222. Notice is provided below (as required by UK law) [email protected]. Please accept this as notice that I/we would like to cancel our contract for photography services on (DATE) as allowed under our 14 day right of cancellation. Please refund our booking fee to (your address). Regards, (Your Name)
b. 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.
c. By placing an order with Sarah Bartleet Photography 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 the address of Sarah Bartleet Photography. Please refer to clause 12a for information on how to proceed. 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. Sarah Bartleet Photography does retain 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 photography work. However, only with the explicit consent of the client will images be shared on social media, including but not limited to Facebook, Instagram and the Sarah Bartleet Photography Website i.e. blogging and portfolio. However, you are welcome to opt out on this occasion. Please note, any model call applicants wishing to withdraw consent for image use will be billed accordingly for the session and images provided at the current advertised prices as listed by Sarah Bartleet Photography.
16. MODEL CALLS
a. Model call photography sessions are offered at the explicit discretion of Sarah Bartleet Photography. If the Client agrees to a model call session at the specified date and time given, a refundable deposit of £25 will be required at booking unless otherwise stated.
b. A separate MODEL RELEASE FORM will need to be signed by the Client to give explicit permission to Sarah Bartleet Photography for use of images across the following but not limited to Facebook, Instagram, Twitter and in a variety of print formats.
c. A selection of up to 3 images will be offered to the Client as a thank you for the participation in the model call. Additional images can be purchased at a reduced rate.
d. Non-attendance by the client for a model call session will result in the loss of any deposit paid to compensate Sarah Bartleet Photography for use of time and preparation ahead of the session.
f. Any props and set ups are beyond the control of the parents or model and creative control remains with Sarah Bartleet Photography at all times.
17. CAMERA POLICY
a. 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 Sarah Bartleet Photography.
b. Clients found to be in breach of this clause will have their session terminated, images destroyed and lose their session deposits and any monies paid.
18. GENERAL DATA PROTECTION REGULATIONS (GDPR) STATEMENT
Introduction
The new EU General Data Protection Regulation (GDPR) came into force on 25 May 2018 (including in the UK regardless of its decision to leave the EU) and will impact every organisation which holds or processes personal data. It will introduce new responsibilities, including the need to demonstrate compliance, more stringent enforcement and substantially increased penalties than the current Data Protection Act (DPA) which it will supersede. Sarah Bartleet Photography is committed to high standards of information security, privacy and transparency. We place a high priority on protecting and managing data in accordance with accepted standards. Sarah Bartleet Photography complies with applicable GDPR regulations from when they took effect in 2018, including as a data processor, while also working closely with customers to meet contractual obligations for procedures, products and services. Sarah Bartleet Photography will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times. Please opt in or out below:
..........................FINAL STATEMENT OF AGREEMENT................................
This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. If either party to this contract brings a legal action against the other party to this contract to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable legal fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. *
