Please read this contact in full. When finished, you can signify your agreement by entering your details below.
Note - For the purpose of this document Bright Apple Photography shall be referred to as BAP.
The visitor to the site or the individual (whether representing an organisation or not) who orders an image 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/DEPOSIT
a) By booking with BAP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees/Deposits taken photography sessions, and 1:1 mentoring training sessions are non refundable except in the event BAP cancels the booking. Sessions dates can however be rearranged provided 1 weeks notice is given
3)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 BAP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of BAP, 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.
4) FULFILLMENT OF OBLIGATIONS
a) BAP 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 photographic coverage will be as BAP’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 online brochure, and therefore fails to carry out required preperations prior to a newborn session, BAP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
5) PRINTS.
a) All images produced by BAP are done on a fully calbrated monitor, and all prints will be a true reflection of the editing carried out by BAP. BAP will not be held responsible for variances in images caused by clients viewing images on non calbrated screens or monitors.
6) PREVIEWS/PROOFS
a) Although BAP 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.
7) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and BAP, BAP 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 clients full expectations. In the event of unco-operative children at a session BAP 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.
b) BAP fully edits all images before presenting to Client. Additional edits are carried out at the descretion of BAP, and BAP 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. Standard edits include spot/scratch removal, removal of jaundice from image, removal of stray hairs on face, removal of large flakes of skin, tidying of background and conversion to black and white. All other requests, if possible, will incur a charge as detailed above.
c) Should no order be placed during the 1 month viewing period, images will be archived for six months from the session date. Retrieval can be requested for an admin fee of £50. Images not purchased after this time will be deleted.
d)BAP takes the utmost care with respect to the exposure and retouching of digital captures. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged
8) COPYRIGHT & REPRODUCTION
a) Copyright is retained by BAP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of BAP. 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 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 BAP’s written permission.
c) Permission to reproduce a picture is granted to the Client by BAP only when a fee for the reproduction has been agreed with BAP and an invoice has been issued by BAP and paid in full by the Client to BAP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to BAP 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 BAP is personal to the Client and may not be assigned to any third party without BAP’s prior written consent.
f) The Client will fully indemnify BAP 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 BAP’s prior written consent).
9) IDENTIFICATION
a) While BAP 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.
10) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies BAP in writing of any discrepancy or error within 14 days of receipt.
11) COOLING OFF PERIOD
a) 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.
b) By placing an order with BAP you are committing to buy the ordered products.
8) COPYRIGHT & REPRODUCTION
a) Copyright is retained by BAP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of BAP. 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 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 BAP’s written permission.
c) Permission to reproduce a picture is granted to the Client by BAP only when a fee for the reproduction has been agreed with BAP and an invoice has been issued by BAP and paid in full by the Client to BAP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to BAP 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 BAP is personal to the Client and may not be assigned to any third party without BAP’s prior written consent.
f) The Client will fully indemnify BAP 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 BAP’s prior written consent).
9) IDENTIFICATION
a) While BAP 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.
10) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies BAP in writing of any discrepancy or error within 14 days of receipt.
11) COOLING OFF PERIOD
a) 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.
b) By placing an order with BAP you are committing to buy the ordered products.
c) All orders must be placed within 2 weeks of payment, failure to place your order within this timescale may result in additional product charges. (Suppliers often increase their product prices and if your order is not placed within the timescale this increase will be passed onto you)
12) 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 Danielle Dunbar, Bright Apple Photography, Aztec House, 137a Molesey Avenue, West Molesey, Surrey KT8 2RY.
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.
13) USE OF PICTURES
a) BAP 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.
14) MODEL RELEASE
a) Unless specified in writing, BAP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
15) 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.
16) 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 BAP.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF BRIGHT APPLE PHOTOGRAPHY.
12) 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 Danielle Dunbar, Bright Apple Photography, Aztec House, 137a Molesey Avenue, West Molesey, Surrey KT8 2RY.
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.
13) USE OF PICTURES
a) BAP 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.
14) MODEL RELEASE
a) Unless specified in writing, BAP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
15) 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.
16) 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 BAP.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF BRIGHT APPLE PHOTOGRAPHY.
17) COVID-19
Clients must have read and understood BAP COVID-19 Rules and Regulations and liability and voluntarily assume all risks related to exposure to COVID-19 and agreed to abide by all rules as outlined by BAP.
LEGAL LICENSE AGREEMENT BRIGHT APPLE PHOTOGRAPHY
To signify your agreement to these contract terms, enter your details below, then submit the form.
To signify your agreement to these contract terms, enter your details below, then submit the form.