TERMS AND CONDITIONS
Note – For the purpose of this document Joanne Collins Photography shall be referred to as JCP. The visitor to the site or the individual (whether representing an organisation or not) who places the order shall be referred to as the Client.
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) BOOKINGS AND BOOKING FEES
a) By booking with JCP you enter a contract and have therefore agreed to abide by the terms and conditions.
b) Upon the booking fee or full payment, the Photographer shall reserve the time and date agreed upon.
c) Booking fees are non-refundable unless the session is cancelled by JCP. The balance of any event is due 28 days before the event. In the event of the delegate needing to cancel, the fee can be transferred to another date if JCP has an alternative date available.
d) Once the photography package has been chosen and the invoice/receipt, with Joanne Collins Photography’s headed logo, which is sent along with, the booking confirmation, has been confirmed as received by the Client, the package cannot be changed.
e) The invoice/receipt sent with Joanne Collins Photography headed document, supersedes any automated WooCommerce product orders.
3) FULFILMENT OF OBLIGATIONS
a) JCP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises because of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) JCP 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 client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, JCP 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.
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) In the event that an unagreed date and time are entered at the WooCommerce checkout, the accurate date will be specified in the Booking Confirmation Email.
e) If the Client fails to read the supplied booking confirmation email and arrives for their shoot on the incorrect date, JCP will not be responsible for any charges incurred by the Client and the Client will not be entitled to a refund.
e) If Client is more than 30 minutes late for a session without communication the session is cancelled, and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.
4) IMAGE PRODUCTION AND HANDLING
a) JCP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of JCP, and JCP 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.
b) Clients receive high resolution edited jpg images. Raw files are never provided to the client.
c) If the Client does not view or purchase images within three months of the session without arrangement, JCP will assume they are not wanted and will delete all files.
d) If the Client loses or damages his or her digital images, Joanne Collins Photography will not by liable for such loss or damage and will not replace lost or damaged files. It is highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client remain the property of Joanne Collins Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, colour/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics, and deleting objects/persons/graphics.
a) Although JCP 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.
b) Preview images are chosen at the discretion of Joanne Collins Photography.
6) IMAGES ONLINE
It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by JCP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of JCP, 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.
7) ONLINE GALLERIES
a) Online galleries will be live for 48 hours. All orders must be decided during this time.
b) The first reopening of online galleries will incur an admin charge of £50. Reopening of galleries after this will incur a charge equal to the lowest available digital package, payable towards the final order.
8) CAKE SMASH SESSIONS
It is the responsibility of the client to inform the photographer of any allergies upon booking. The photographer will not be held liable if a child is found to be allergic to any of the ingredients used to make the cake. The photographer has the cakes professionally made by a third-party. Items may contain or have come in contact with nuts. By agreeing to these terms, you waive all rights to sue JCP if any illness results due to lack of information given to JCP by the client.
9) USE OF PICTURES
JCP 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.
10) COPYRIGHT & REPRODUCTION
a) Copyright is always retained by JCP throughout the world. No image can be copied, scanned, or reproduced in any form whatsoever without the prior consent of JCP. 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 software 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 JCP’s written permission.
c) Permission to reproduce a picture is granted to the Client by JCP only when a fee for the reproduction has been agreed with JCP and an invoice has been issued by JCP and paid in full by the Client to JCP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to JCP an unauthorised use fee of £1000 per image or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by JCP is personal to the Client and may not be assigned to any third party without JCP’s prior written consent.
f) The Client will fully indemnify JCP 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 JCP’s prior written consent).
While JCP 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) 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 JCP.
14) IMAGE VIEWING & PRINTING
All images produced by JCP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by JCP. JCP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
All prices are subject to change without notice by JCP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
16) RECEIPT OF PICTURES
The pictures are presumed to have been received in good condition unless the Client notifies MRP in writing of any discrepancy or error within 14 days of receipt.
17) 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 Joanne Collins Photography, 108 Chalkwell Road, Sittingbourne Kent, ME10 2LJ. 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.
18) TRAINING COURSES AND WORKSHOPS
a) Booking fees are non-refundable unless the training event is cancelled by JCP. The balance of any event is due 28 days before the event. In the event of the delegate needing to cancel, the fee can be transferred to another training event.
b) Where the full fee is due to secure a space, JCP will refund the full amount to client in the event of JCP cancelling the event. Refunds due to client cancelation will be refunded only if the space can be filled.
c) While every effort will be made to cover all aspects of the training as advertised, JCP cannot accept responsibility for the nature of the models on the day, and therefore cannot guarantee all aspects will be covered.
d) Refunds are limited to training cost only. No responsibility will be taken for travel or accommodation costs.
e) JCP cannot be held responsible for failure of training client to obtain models when training away from JCP studios. Training will include use of training aid Stand-In-Baby at the discretion of JCP.
19) TRAINING COURSE MODELS
a) Models are used specifically for training purposes, therefore props, and set ups are beyond the control of the parents. JCP will use whatever props are required for that training session.
b) The Client agrees that all and any images and videos taken on the training day can be used for online or printed promotions by JCP and training associates in any way.
c) The Client is prohibited from approaching JCP students for images.
20) ONLINE PURCHASES
All purchases of online training material are non-refundable.
21) GIFT VOUCHERS
a) Gift vouchers purchased from JCP are only valid for 12 months from date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non-transferable. No refunds will be given.
IMAGES ARE KEPT FOR A SIX-MONTH PERIOD AT THE DISCRETION OF JOANNE COLLINS PHOTOGRAPHY.