Terms And CONDITIONS

1. APPLICABLE LAW

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

– 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.

– Here after P and G Photography shall be referred to as P&G and the client shall be referred to as Client.

2. BOOKING SESSIONS AND FEES

– By booking with P&G the Client enters into a contract and have therefore agreed to abide by these here stated Terms and Conditions. By paying a booking deposit of £49 Client is agreeing to these Terms and Conditions, as supplied on P&G’s website and through link on email footer.  

– In order to secure a date/time of any/all photographic sessions a non-refundable deposit of £49 is required from the Client to P&G. This is payable by bank transfer to P&G’s account (details will be provided). The balance of payment for the photographic session(s) is due prior to the session date. For Mini photoshoot sessions the fee of £49 required to book a shoot date is the entire cost of the session, and no further payments are required.

– Booking fees taken for any session or assignment are non-refundable except in the event of P&G canceling the booking.

– The remainder of the cost of any shoot is due 72hours before the date of the shoot. Failure to pay the remaining balance before 72hours of your shoot date could result in the cancellation of your shoot.

– Cake smash shoots rescheduled within 72hours of the original shoot date will result in a £100 rescheduling fee.

– Refunds are only given if P&G are unable to reasonably provide the Client with another session date.

– If the Client is unable to attend a session notice must be given to P&G as soon as possible. If notice is given within 4 weeks of the photographic session and the full session fee has been paid the decision as to whether to rearrange or refund the session fee will be at the discretion of P&G. If notice is given within 24 hours of the photographic session no refund will be available.

3. FULFILLMENT OF OBLIGATIONS

– P&G 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, injury or business closure due to uncontrolled circumstances.

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

– In the unlikely event of total photographic failure or cancellation of the contract neither party shall be liable for indirect or consequential losses.

– If Client is more than 15 minutes late for a session without communication with P&G the session will be cancelled. No refund will be given for any of session/booking fee. A full session fee will need to be paid by the Client in order to rebook.

– P&G will do everything they can to produce good quality images. However, the following conditions apply:

• During a newborn session if the Client’s baby won’t settle or co-operate resulting in little or no images taken then P&G cannot be held responsible for this. In this instance P&G will offer the chance to re-shoot one more time at a time suitable for both parties, although for newborn sessions it cannot be guaranteed that it will be in the 3 weeks time frame. No further payment will be needed for this second booking however no refund will be given if Client does not wish to rebook. If no images are achieved during the second session due to the same reason (unsettled baby etc) P&G cannot be held responsible for this and no further booking can be made without paying another full session fee and no refund will be offered.

• In the event of an unsettled baby during newborn sessions, some requested props or poses may not be suitable and P&G will use alternative props or poses. Please note, no poses and shots are guaranteed.

• While P&G are happy to include family and sibling shots as part of newborn photographic sessions, these sessions are primarily about capturing the newborn and therefore only a short time will be spent on family/sibling images. P&G cannot be held responsible for un-cooperative siblings etc, and these family/sibling shots are not guaranteed.

• During all sessions the Client is responsible for all children present. P&G cannot be held responsible for uncooperative/unwilling children who do not wish to participate in any/all photographic sessions and any resulting lack of images from this.

– The Client is responsible for the safety of any children/newborns present at photography sessions. The Client must therefore ensure that a responsible adult, other than P&G, is present at all times to supervise the children.

– P&G will end all photography sessions at their discretion when it is determined that adequate images in terms of quality and quantity have been captured. There will be no refund or credit for unused time.

4. IMAGE PRODUCTION AND HANDLING

– Save as otherwise agreed between the Client and P&G, P&G shall be entitled to use its judgement regarding the style and the 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 un-cooperative children at a session of any kind, for any reason, P&G may not be able to capture any, or all the images that the Client may have requested or expected.

– P&G fully edits all images deemed to be of high enough technical standard to be included in the gallery and fitting the session brief, before presenting to the Client. Additional edits are carried out at the discretion of P&G and P&G reserves the right to charge the Client for additional editing to cover time involved at a cost of £50 per image.

– P&G edits the best images from all sessions, at times this can mean using head swaps to offer the best possible image. Some head swaps and editing aren’t possible due to angles/lighting/position of the subjects. The images in your gallery will be the best possible options from the session.

– P&G will consider re-edits at your request at a cost of £25.00 per edit, though these may not always be possible from a professional point of view.

– 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 P&G’s written permission.

– In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to P&G an unauthorised use fee of £500 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.

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

5. IDENTIFICATION

– While P&G 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 errors.

6. RECEIPT OF PICTURES

– The Client understands that all images taken during their photographic session will be individually professionally edited and proofs will be ready and uploaded to the Client gallery within 4-6 weeks from the date of the photographic session.

– Proofs of all edited images deemed of high enough quality will be uploaded by P&G to the Client’s gallery within the above stated time frame. These are to be considered by the Client as the complete compilation of images from their photographic session. There is no possibility of P&G providing unedited, RAW format images for the Client.

– Proofs of images included in the Client’s gallery will be of lower resolution and watermarked. Once the Client has chosen their desired images they will be supplied with full resolution un-watermarked files. If additional images other than the number of complementary ones included in their package are purchased these will be charged at an additional £15 per image.

– Although P&G 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. For full photoshoot sessions costing £149 P&G aim to provide a minimum of 20 edited images for the client to choose between, however this is not guaranteed. For Mini photoshoots P&G aim to provide a minimum of 10 edited images to choose between, however this is not guaranteed. The number of images included in the Client’s gallery when sent out by P&G shall be considered the final amount of images created during the photoshoot.

– lf the Client does not view or purchase images within three months of the session without arrangement, P&G will assume they are not wanted and will delete all files.

7. PRINTS

– All images supplied by P&G are done on a fully calibrated monitor and all prints will be a true reflection of the editing carried out by P&G. P&G will not be held responsible for variations in images caused by the Client viewing images on non-calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at P&G studio at their request.

– P&G is not liable for print quality, cropping or colouring of any photos not printed directly through P&G. Photo quality is only guaranteed for photos purchased directly through P&G at the Client’s request.

– All prices are subject to change without notice by P&G. No consideration will be given to previous clients regarding product pricing, availability of package structure or session fees.

8. COOLING OFF PERIOD
– 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.
– By placing an order with P&G you are committing to buy the ordered products.

9. RETURNS POLICY

– All purchased images will be presumed to have been received in good condition unless the Client notifies P&G in writing of any discrepancy or error within 7 days of receipt.

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

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

– Due to the digital nature of the product there is no refund available once the images are downloaded by the Client.

– No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.

10. USE OF PICTURES
– P&G 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. However if the Client wishes not to have some or all of their images displayed by P&G for marketing or display purposes they must let P&G know by completing P&G’s ‘Social Media Release Form’ during their photographic session. P&G will respect the client’s wishes not to publish their images.

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.

– It is illegal to attempt to download, or attempt to remove a watermark from any image taken and posted online by P&G, for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of P&G , whether the copyright has been removed or not, a copyright infringement fee of £500.00 per image will be applied to avoid court action and must be paid within 28 days.

11. COPYRIGHT/PRINT RELEASE

– P&G is the rightful copyright owner of the digital images taken during your sessions. P&G authorises the owner the right to reproduce the images and make an unlimited number of prints for personal use only.

– Original copyright remains with P&G. The images may be printed but not altered or edited in any way other than by the photographer and alterations is a violation of the copyright.

12. COPYRIGHT AND LICENSING NOTICE

– The images that are being provided to the Client by P&G are licensed to the Client for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. This 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. The Client’s purchase of the original files releases P&G from any liability due to loss or damage of the images, and also releases P&G from any obligation to maintain copies of any digital file, image, or photographs.

– It is illegal for the Client to attempt to download, copy, snap shooting, saving, scanning and removing a watermark from any images from the Client’s gallery or any image taken and posted online by P&G for any reason.

– By attending their booked photographic session the Client grants to P&G the right to use and publish images and photographs taken at the photography session for display or marketing purposes. This could include but are not exclusively restricted to: social media, marketing literature, website, editorial use, portfolio or galleries on this website. This is for the sole purpose of promoting P&G’s photography so that prospective clients can see the style of images that have been created.

– If the Client wishes not to have some or all of their images displayed by P&G for marketing or display purposes they must let P&G know in writing prior to their photographic session. P&G will respect the client’s wishes not to publish images on social media.

13. 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 P&G.

14. COVID – 19

– The Client understands that the COVID-19 virus has a long incubation period during which carriers of the virus may not show any signs or symptoms and still be contagious. The Client understands that P&G will take all precautions suggested regarding COVID-19 prevention, but it is impossible to determine who has it and who does not given the current limitations in virus testing.

–  The Client understands that should they or any member attending a session receive a positive COVID-19 test result within 14 days before/after their photographic session they should contact P&G to inform them of this.

– The Client releases P&G of any and all liability associated with receiving a COVID-19 positive diagnosis following their photographic session. The Client confirms that no member of their party that will be included in the session, coming to the studio, or that they have had recent exposure to is experiencing any of the following symptoms associated with COVID-19: fever, shortness of breath, dry cough, runny nose, sore throat, loss of taste or smell, fatigue not associated with sleep. If they experiencing any of the above mentioned symptoms, the Client will call immediately to reschedule their session.

– The Client understands that P&G has the right to cancel or reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure, or arising symptoms of COVID-19, and is not liable for any costs accrued by the client (i.e. hair appointments, cake or clothing purchases, etc) associated with their session.

– If the Client’s session is canceled or rescheduled due to a COVID-19 related illness or presenting symptoms, they understand that the deposit paid to P&G is non-refundable but will be transferred to a new date. By booking with P&G the Client agrees to all the terms.

15. PRIVACY POLICY
– P&G 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.

IMAGES ARE KEPT FOR A THREE MONTH PERIOD FROM THE DATE OF THE SESSION AT THE DISCRETION OF P&G PHOTOGRAPHY. AFTER THAT TIME, IMAGES WILL BE DELETED.