1 - Applicable Law
1.1 - The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
1.2 - 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 - Deposit and Payment
2.1 - By booking with Rosie & Lily Photography, you enter into a contract and have therefore agreed to abide by the terms and conditions.
2.2 - Deposits taken for all sessions are non refundable and non transferrable except in the event that Rosie & Lily cancels or changes the booking. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. Prices are non-negotiable and are only guaranteed once the deposit has been paid. The Photographer reserves the right to offer the Client’s session date to another client after 24 hours if the deposit has not been paid in full. Payment can be made via bank transfer, cash or online card payment. This booking retainer secures the right for the Client to reschedule due to an early birth or delayed due date. Clients should keep the Photographer informed of any changes to their pregnancy, and should let the Photographer know, at the earliest opportunity, when their baby has arrived.
2.3 - Full payment of the package selected needs to be made on the day of the viewing appointment. No images will be edited or released until full payment is made. Images will then be fully edited and sent over to the client within the allocated timeframe at the Photographer's discretion.
2.4 - Sessions take place Monday-Friday AM. Weekend sessions are at the Photographer's discretion.
3 - Rescheduling, Lateness and Cancellations
3.1 - In the event of cancellation, the deposit is non-refundable.
3.2 - The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. Cancellations/rescheduling due to weather do not permit a refund. Should bad weather or other unavoidable circumstances prevent the session from taking place, the Photographer and the Client will find a mutual date to reschedule.
3.3 - If the Client is late to the session by more than 30 minutes without communication, the session is automatically cancelled and no refund will be given on any deposits paid. If you would like to rebook then a full deposit will need to be paid again. However, this is at Rosie & Lily's discretion as to whether another session will be offered.
3.4 - If the client wants reschedule a session with less than 24 hours notice, the Photographer retains the right to charge another session fee at their discretion.
4 - Returns and Refunds
4.1 - If the Client’s digital images are damaged or lost prior to them viewing their gallery, for any reason by the Photographer, only then will the session fee be refunded in full.
4.2 - No refunds will be given for dissatisfaction with images, incorrectly ordered items, or items ordered in error. The Photographer cannot guarantee a specific number of images provided to the client for viewing, and no refund will be given due to a lack of subject cooperation.
4.3 - All products are thoroughly checked for any damages or error before distributing to the client, therefore no refunds or returns will be given for damaged products. If the Client’s product is damaged or includes error on the part of the delivery to the Photographer, it will be exchanged and re-ordered for the same product, undamaged and error-free.
4.4 - There are no refunds or exchanges on any digital products.
4.5 - No return, exchange or refund is available on any item once the image proof has been approved by the Client, and an order placed.
5 - Cooling Off Period
5.1 - There is a 7 day cooling off period where Client may cancel any booking from the day Rosie & Lily Photography acknowledges receipt of the booking fee.
5.2 - Because of the bespoke nature of photography, and 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, refund or exchange on products of any kind once the order has been placed.
5.3 - By placing an order with Rosie & Lily Photography you are committed to buying the ordered products.
6 - Client Cooperation
6.1 - The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes. The Photographer is not responsible for any family members not cooperating within the image that means the image may not be satisfactory to the Client due to a person's facial expressions or body posture.
6.2 - If the desired outcome of the session is jeopardised by the behaviours of the Client and/or family member, the Photographer is not required to offer additional time or a reshoot. If a reshoot is necessary to provide the desired images for the session, the Client is responsible for an additional session fee. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
6.3 - If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, Rosie & Lily Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
7 - Camera Policy
7.1 - Cameras, camera phones, camcorders or any other recording equipment are not permitted during any session, either in the studio or on location, without the express permission of Rosie & Lily Photography.
8 - Allergies and Special Requests
8.1 - It is the Client's responsibility to inform the Photographer of any food allergy or intolerances the Client's baby has prior to ordering the cake for a cake smash photoshoot. Rosie and Lily 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 the Photographer. By signing the Cake Smash contract, you waive all rights to sue Rosie and Lily Photography if any illness results due to lack of information given to the Photographer by the client.
9 - Copyright and Reproductions
9.1 - The Copyright Designs and Patents Act assigns the copyright of the images to the Photographer. Any images or copies of images, whether stored digitally or otherwise, and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the Photographer, in writing. The entire copyrights in the photographs are always retained by the Photographer throughout the world.
9.2 - Where digital photographs have been provided to the Client, these images may be displayed online for personal but not commercial use. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer, including colour alterations made using mobile phone applications i.e., social media filters.
9.3 - The Photographer shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use on, or for display within, the Photographer’s website, blog, social media, and studio.
9.4 - Permission to reproduce a picture is granted to the Client by Rosie & Lily Photography only when a fee for the reproduction has been agreed with Rosie & Lily Photography and an invoice has been issued by Rosie & Lily Photography and paid in full by the Client to Rosie & Lily Photography.
9.5 - In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Rosie & Lily Photography an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
9.6 - It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by Rosie & Lily Photography for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of Rosie & Lily Photography, 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. If not paid, the appropriate measures will be made and this will result in court action.
10 - Gallery and Use of Images
10.1 - The Photographer agrees to provide an in-person gallery viewing and ordering session from which the Client can choose which package they would like to buy and if they would like to buy any additional prints and/or wall art. No pictures are to be taken at the viewing session or any screenshots. If a client is found to have screenshot or copied any images, a fee of £100 per image will be allocated.
10.2 - The images provided to the Client in the gallery viewing are not full edits, these will then be completed once the selections have been made from the Client and full payment has been received. Once the photographs are selected for purchase, the Photographer will provide a lead time for when the full gallery will be available. Any delays will be notified to the Client as soon as possible.
10.3 - The images provided to the Client when fully edited shall be of a professionally finished standard. The Client may make copies of any purchased digital images for personal and archival use. Prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing. All images produced by the Photographer are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by the Photographer. Rosie and Lily Photography will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors and ordering them from a different photo lab to what Rosie & Lily Photography use. To ensure images are seen as intended it is advised that client views them at Rosie and Lily Photography studio.
10.4 - If the Client wishes to purchase any additional products after their viewing and ordering session, an additional viewing appointment will be scheduled, and a £50 appointment fee may be applicable. Product orders are final and are to be paid in full on the day and any cancellations forfeit all monies paid.
10.5 - In relation to cake smash or milestone photography (in regards to when a birth date is near the session date) it cannot be guaranteed that the prints will be delivered in time for the birth date. Digital images will be provided within the timeframe, but due to using an external printing lab, prints may not be available beforehand and can be delivered once the birth date has actually passed.
10.6 - Rosie & Lily Photography provides fully edited images, and in the result of a client wanting a re-edit of images, a fee of £20 per image will be applicable.
11 - Back Ups and Deletion of Images
11.1 - All non-purchased images will be deleted within 24 hours after the viewing session and cannot be retrieved at a later date.
11.1 - All purchased digital images are kept for 6 months from the photographic session date. Replacement copies of images will be charged in accordance with pricing at the time of the request.
12 - Damage Liability
12.1 - If negligence on the Client’s part, or the part of any individuals that accompany the Client to the photo session causes any equipment, props, or any of the Photographer’s property to malfunction or become damaged, the Client will be liable for the cost to repair or replace said item(s) plus compensation for the disruption of replacing said item and inability to work. An invoice will be issued for the costs and no images will be released until the invoice is paid in full or the item(s) is replaced.
13 - Aftersales
13.1 - All prints and products are to be collected from the studio within 21 days by the Client. Only at the Photographer's discretion will they be delivered by a delivery service.
13.2 - The Photographer will review any prints and/or wall art before delivering to the Client. If any damages are to be seen after they have been delivered, this is at fault of the Client and not the Photographer. If, when the Photographer is reviewing the items that they are damaged or faulty, a replacement will be ordered immediately.
13.3 - The pictures are presumed to have been received in good condition unless the Client notifies the Photographer in writing of any discrepancy or error within 24 hours of receipt.
13.4 - The Photographer is not responsible for the damage or loss of any media or files after delivery to client, including damage caused during external delivery companies, technical failure, or change in media readers. Client assumes all responsibility for the safety of all portraits, media, or files upon receipt and must create their own backups.
14 - Personal Accident
14.1 - Any directions issued to Clients, their guests or relatives during a photographic shoot are deemed to be at said person’s own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot. The Client(s) will be responsible for their children and themselves and release the Photographer from any claims against their person or their business.
15 - Prices
15.1 - The charges in this Agreement are based on the Photographer’s current prices. These prices are periodically adjusted, and future sessions shall be charged at the prices in effect at the time when the session is booked.
15.2 - All prices are subject to change without notice by the Photographer. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
16 - Limitation of Liability
16.1 - If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the session retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic material due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damage without fault of the Photographer, liability shall be limited.
17 - Image Release
17.1 - The Photographer retains the right in all cases to use the pictures taken in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of their work. I understand that if I do not agree to this, there will be a fee of £99 added to my chosen package which takes place at the viewing appointment.
18 - Privacy Policy
18.1 - Rosie and Lily 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.
19 - Gift Vouchers
19.1 - Gift vouchers purchased from Rosie and Lily Photography are only valid for 12 months from date of purchase.
19.2 - Gift vouchers cannot be exchanged for cash and are non-transferable. No refunds will be given.
20 - Governing Law
20.1 - This agreement shall be governed in accordance with the laws of England and Wales.
20.2 - The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety. The Client agrees that any complaints should first be made in writing to the Photographer who reserves the right to reply within 28 days. In the unlikely event of an unresolved complaint the client may request The Master Photographer's Association www.thempa.com to mediate but only on the basis that its final decision shall be final and binding upon both parties.
20.3 - The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. This contract is between the Client and the Photographer, any payments made by an outside party, for example relatives or friends, shall be deemed to be payment towards the Client’s balance and is non-refundable. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest.
21 - Illness and Covid 19
21.1 - Please refrain from attending your photoshoot if any of you are showing any signs of illness. As the Photographer is in close contact with several families and newborn babies on a regular basis, she would appreciate if no illnesses will be passed on. Rescheduling of the session can be put into place.