TERMS & CONDITIONS

Note – For the purpose of this document Scott Bartlett Photography shall be referred to as SBP. 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 paying your booking fee you have acknowledged and accepted everything written out in these T&C’s.

b) Upon the booking fee or full payment, the Photographer shall reserve the time and date agreed upon.

c) When booking, a booking fee (variable by your chosen package) is to be paid within 48 hours to secure and hold the date. Booking fees are non-refundable unless the session is cancelled by SBP. The remaining balance is due on the day of or before your session, whichever The Client prefers. In the event of the client needing to cancel, the fee can be transferred to another date if SBP has an alternative date available.

3) FULFILMENT OF OBLIGATIONS

a) SBP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where the 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) SBP 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 several 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, SBP 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) If the Client fails to read the supplied booking confirmation email and arrives for their shoot on the incorrect date, SBP will not be responsible for any charges incurred by the Client and the Client will not be entitled to a refund.

e) If the 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) SICKNESS

a) In the event of any sickness before the session, The Client agrees to make every effort they can to inform SBP no later than 3 hours before the start time of your session. The session can then be transferred to a new date within 2 weeks for a newborn and 4 weeks for other sessions which will be at the convenience of both parties. If The Client fails to reschedule within this time frame, SBP reserves the right to cancel the booking with all payments being made non-refundable. 

5) IMAGE PRODUCTION AND HANDLING

a) SBP fully edits all images before presenting them to the Client. Additional edits are carried out at the discretion of SBP which 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 the Client at the proofing stage. Requests not raised at the 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, SBP will assume they are not wanted and will delete all files.

d) If the Client loses or damages his or her digital images, SBP will not be 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 SBP and may not be altered in any way, shape or form, including but not limited to editing the overall style of the image, colour/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics, and deleting objects/persons/graphics.

6) PREVIEWS/PROOFS

a) Although SBP 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 Scott Bartlett Photography.

7) IMAGES ONLINE

It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by SBP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of SBP, 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.

8) ONLINE GALLERIES

a) Online galleries will be live for 7 days. All orders must be decided during this time. After this time, it can be reinstated at a cost of £15. 

9) 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 SBP if any illness results due to a lack of information given to SBP by the client.

10) USE OF PICTURES

SBP retains the right in all cases to use the pictures for promotional purposes on www.Scottbartlettphotography.comn on social networking sites for Scott Bartlett Photography including but not limited to Facebook and Instagram, within portfolios, literature, display areas, competitions and advertising. If you do not wish this to be the case, please let us know before the photoshoot. 

11) COPYRIGHT & REPRODUCTION

a) Copyright is always retained by SBP throughout the world. No image can be copied, scanned, or reproduced in any form whatsoever without the prior consent of SBP. 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 SBP written permission.

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

d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to SBP 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 SBP is personal to the Client and may not be assigned to any third party without SBP’s prior written consent.

f) The Client will fully indemnify SBP 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 SBP's prior written consent).

12) PRIVACY POLICY

SBP will never share, or allow to be accessed or distribute any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems.

13) IMAGE VIEWING & PRINTING

All images produced by SBP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by SBP. SBP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.

14) PRICES

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

15) STORAGE OF DIGITAL FILES

a) After 3 months from your session date MAP will no longer be responsible for storing your image files.