Terms and Conditions
Note – For the purpose of this document Lauren Barrass Photography shall be referred to as LBP. The visitor to the site or the individual who orders an image or makes a booking 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) BOOKING FEE
a) By booking with LBP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for newborn sessions are non refundable except in the event LBP cancels the booking. If a booking is made via an online booking system, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
3) REFUND POLICY FOR NEWBORN SESSIONS
LBP will fully refund the booking fee in the event the Client is not willing to purchase any images. This is not applicable to any other kind of session.
4 )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 LBP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of LBP, 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.
5) FULFILMENT OF OBLIGATIONS
a) LBP 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 images produced will be as LBP’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 Client fails to read the supplied PDF information booklet, and therefore fails to carry out required preparations prior to a newborn session, LBP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
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.
6) PRINTS
a) All images produced by LBP are done on a fully calIbrated monitor, and all prints will be a true reflection of the editing carried out by LBP. LBP will not be held responsible for variances in images caused by clients viewing images on non calIbrated screens or monitors, or variance in images causes by independent printing by client.
c) All prices are subject to change without notice by LBP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
8) PREVIEWS/PROOFS
a) LBP will do its best to produce the proofs discussed with the Client. However, there is no guarantee that any particular number of proofs will be produced.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and LBP, LBP 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 unpredictability 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 unco-operative children at a session of any kind, for any reason, LBP may be unable to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) If The Client does not view/download or purchase images within three months of the session without arrangement, LBP will assume they are not wanted and will delete all files.
10) COPYRIGHT
a) Copyright is held by LBP at all times throughout the world. No image can be copied, scanned or reproduced in any form without the prior written consent of LBP. This includes saving, screenshotting and downloading from Facebook or any other social media.
11) IDENTIFICATION
a) While LBP 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 LBP in writing of any issues or errors within 14 days of receipt.
13) COOLING OFF PERIOD
a) There is a 14 day cooling off period for session/booking fees ONLY, where Client many cancel any booking from the day LBP acknowledges receipt of the booking fee.
b) Because of the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, the Client does not have the right to a cooling off period, refund or exchange on products of any kind once the order has been placed or images have been downloaded.
14) RETURNS POLICY
a) No return, exchange or refund is available on any item once the image proof has been approved, and images have been downloaded or an order placed.
15) USE OF PICTURES
a) LBP retains the right in all cases to use the pictures in any manner at any time for the purposes of sales, advertising or promotion, of its work.
16) 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.
18) 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 LBP.
19) PRIVACY POLICY
LBP 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. FOR FULL PRIVACY POLICY STATEMENT SEE HERE
20) ONLINE GALLERIES
a) Online galleries will be live for 24 hours ONLY at a time Client agrees. All orders must be decided during this time.
b) Reopening of online galleries will incur an admin charge of £25.
21) GIFT VOUCHERS
a) Gift vouchers are valid for 6 months from the date of purchase. Once the gift voucher has expired it will no longer be accepted by LBP.
b) Gift vouchers are not exchangeable for cash and have no cash value.
c) Gift vouchers are non-refundable after the point of purchase.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF LAUREN BARRASS PHOTOGRAPHY.