Terms and Conditions
In the following terms & conditions "THE PHOTOGRAPHER " shall mean Nicola Parry Photographer. "THE CLIENT" shall be the person booking the photographic portrait services of the photographer. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Pricing
The charges for any portrait sessions, are based on the photographer’s standard price list at the time of booking. Price lists are adjusted periodically; future orders shall be charged at the prices in effect at the time when the booking is made.
Booking Fee
A non-refundable deposit may be taken to confirm your booking and will be deducted from the final balance. The retainer secures the photographers services for the allocated date and is non-refundable in any event. The photographer will decline any other enquiries for the date upon receiving this fee. Shoots that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Deposit/Booking fees taken for portrait sessions are refundable in the event that THE PHOTOGRAPHER cancels the booking.
Payment
Confirmation of your booking and/or receipt of deposit will be taken as an agreement to these terms and conditions.
THE CLIENT agrees that the amount owed, as agreed upon at time of booking, is due on completion of the work and that images will not be released until full payment of the balance is received by THE PHOTOGRAPHER. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by THE CLIENT. All additional goods must be paid for in full on ordering.
Confirmation
After booking, THE PHOTOGRAPHER will contact THE CLIENT via email (on the email address supplied by the Client) confirming details of the contract.
Cancellation
In the event that THE CLIENT cancels the agreed services for portrait photography before the shoot takes place, the deposit will be forfeited. In the event that THE PHOTOGRAPHER cancels contracted services, he/she will be responsible for a full refund of payments rendered, including deposit, to THE CLIENT, and shall have no other liability.
THE CLIENT has a right to a 14 day cooling off period during which to cancel their booking without giving any reason, and without incurring any liability. However, if the shoot goes ahead within the 14 day cooling off period, services are deemed to have been provided and payment will be due.
All changes/cancellations must be made in writing to [email protected]
Gift Vouchers
Gift vouchers are valid for 12 months from the date of purchase. Vouchers may only be exchanged with Nicola Parry Photographer for the service quoted on the voucher. Vouchers cannot be exchanged for cash. Vouchers are non-refundable and cannot be used in conjunction with any other offers. Any code quoted on the voucher should be quoted at the time of booking and is valid for one use only.
A 14 day cooling off period applies when a voucher is purchased. The CLIENT must make this request in writing via email to [email protected].
Fulfilment of Obligations
The due performance of the contract is subject to alteration or cancellation by THE PHOTOGRAPHER owing to any cause beyond their reasonable control including but not limited to, unwilling subjects (eg. young children,) sudden illness, injury, victim of crime, flooding, act of terrorism.
In the unlikely event that THE PHOTOGRAPHER is unable to perform to the guidelines of this contract due to causes beyond their control then he/she will make every effort to reschedule the shoot.
In the event of cancellation by THE PHOTOGRAPHER, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable), THE PHOTOGRAPHER’S liability shall be limited to a full refund of any deposits and fees paid.
THE CLIENT understands and accepts that the photographic coverage will be as THE PHOTOGRAPHER professional expertise determines. Special requests are not binding instructions although every effort will be made to comply with THE CLIENTS wishes.
THE CLIENT is responsible for all children/pets at all sessions.
Images
Images will be supplied via digital means as downloadable files unless otherwise agrees. It should be noted that you are strongly advised to immediately copy/backup your photographs from this download to a suitable computer/storage device. Digital media has a limited lifespan therefor any storage device cannot be guaranteed indefinitely. Please note that The Photographer is under no obligation to keep copies of your images once released.
There is no guarantee that any particular number of images will be produced. All images presented to the client are FINAL SELECTION, any other images will not have passed our quality control and therefor will not be processed or released to the client
All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is included where stated on the price list.
Additional edits are carried out at the discretion of THE PHOTOGRAPHER. THE PHOTOGRAPHER reserves the right to charge THE CLIENT for additional editing requested at an agreed rate. Any additional edit requests MUST be raised by THE CLIENT at the proofing stage. Requests will not be considered once products have been ordered.
Use of Images
The CLIENT hereby allows THE PHOTOGRAPHER unrestricted use of these images (commercial or otherwise). For example, to promote the business in advertising, social media eg. Instagram, Facebook, Twitter etc, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).This list is not exhaustive. It is THE CLIENT’S responsibility to inform THE PHOTOGRAPHER if they would like images to remain private before completion of the contract. All requests will be considered at the discretion of the photographer.
Copyright
The Copyright Designs and Patents Acts assign the copyright of the images to THE PHOTOGRAPHER (Nicola Parry). THE PHOTOGRAPHER assigns full usage/printing rights to THE CLIENT for personal use, friends and family. THE CLIENT may reproduce, copy and distribute the photographs.
The client releases all claim to profits that may arise from use of images. The Client may not resell, relicense, redistribute without express written permission from photographer.
Images are not to be edited by anyone other than THE PHOTOGRAPHER, this includes Instagram filters or anything that might alter the look and style, or change integrity of the photographic work, unless this has been otherwise organised and stated in writing.
THE CLIENT may supply images to agencies, for portfolio use only, with the agreed consent of THE PHOTOGRAPHER. The image must be credited to Nicola Parry. It is the responsibility of THE CLIENT to obtain permission from THE PHOTOGRAPHER and ensure that the agency is aware of all usage rights.
It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
Technical Limitations
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
Due to the limitations of computer monitors it is understood that:
Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Privacy
Nicola Parry of Nicola Parry Photographer may store your necessary data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation. For more information about privacy please see the privacy policy or contact [email protected]
Terms and conditions are subject to change
Governing Law
Any contract made between THE PHOTOGRAPHER and THE CLIENT shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
These Terms & Conditions are supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014. Regulations 2013 and come into force on 13th June 2014
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
In the following terms & conditions "THE PHOTOGRAPHER " shall mean Nicola Parry Photographer. "THE CLIENT" shall be the person booking the photographic portrait services of the photographer. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Pricing
The charges for any portrait sessions, are based on the photographer’s standard price list at the time of booking. Price lists are adjusted periodically; future orders shall be charged at the prices in effect at the time when the booking is made.
Booking Fee
A non-refundable deposit may be taken to confirm your booking and will be deducted from the final balance. The retainer secures the photographers services for the allocated date and is non-refundable in any event. The photographer will decline any other enquiries for the date upon receiving this fee. Shoots that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Deposit/Booking fees taken for portrait sessions are refundable in the event that THE PHOTOGRAPHER cancels the booking.
Payment
Confirmation of your booking and/or receipt of deposit will be taken as an agreement to these terms and conditions.
THE CLIENT agrees that the amount owed, as agreed upon at time of booking, is due on completion of the work and that images will not be released until full payment of the balance is received by THE PHOTOGRAPHER. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by THE CLIENT. All additional goods must be paid for in full on ordering.
Confirmation
After booking, THE PHOTOGRAPHER will contact THE CLIENT via email (on the email address supplied by the Client) confirming details of the contract.
Cancellation
In the event that THE CLIENT cancels the agreed services for portrait photography before the shoot takes place, the deposit will be forfeited. In the event that THE PHOTOGRAPHER cancels contracted services, he/she will be responsible for a full refund of payments rendered, including deposit, to THE CLIENT, and shall have no other liability.
THE CLIENT has a right to a 14 day cooling off period during which to cancel their booking without giving any reason, and without incurring any liability. However, if the shoot goes ahead within the 14 day cooling off period, services are deemed to have been provided and payment will be due.
All changes/cancellations must be made in writing to [email protected]
Gift Vouchers
Gift vouchers are valid for 12 months from the date of purchase. Vouchers may only be exchanged with Nicola Parry Photographer for the service quoted on the voucher. Vouchers cannot be exchanged for cash. Vouchers are non-refundable and cannot be used in conjunction with any other offers. Any code quoted on the voucher should be quoted at the time of booking and is valid for one use only.
A 14 day cooling off period applies when a voucher is purchased. The CLIENT must make this request in writing via email to [email protected].
Fulfilment of Obligations
The due performance of the contract is subject to alteration or cancellation by THE PHOTOGRAPHER owing to any cause beyond their reasonable control including but not limited to, unwilling subjects (eg. young children,) sudden illness, injury, victim of crime, flooding, act of terrorism.
In the unlikely event that THE PHOTOGRAPHER is unable to perform to the guidelines of this contract due to causes beyond their control then he/she will make every effort to reschedule the shoot.
In the event of cancellation by THE PHOTOGRAPHER, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable), THE PHOTOGRAPHER’S liability shall be limited to a full refund of any deposits and fees paid.
THE CLIENT understands and accepts that the photographic coverage will be as THE PHOTOGRAPHER professional expertise determines. Special requests are not binding instructions although every effort will be made to comply with THE CLIENTS wishes.
THE CLIENT is responsible for all children/pets at all sessions.
Images
Images will be supplied via digital means as downloadable files unless otherwise agrees. It should be noted that you are strongly advised to immediately copy/backup your photographs from this download to a suitable computer/storage device. Digital media has a limited lifespan therefor any storage device cannot be guaranteed indefinitely. Please note that The Photographer is under no obligation to keep copies of your images once released.
There is no guarantee that any particular number of images will be produced. All images presented to the client are FINAL SELECTION, any other images will not have passed our quality control and therefor will not be processed or released to the client
All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is included where stated on the price list.
Additional edits are carried out at the discretion of THE PHOTOGRAPHER. THE PHOTOGRAPHER reserves the right to charge THE CLIENT for additional editing requested at an agreed rate. Any additional edit requests MUST be raised by THE CLIENT at the proofing stage. Requests will not be considered once products have been ordered.
Use of Images
The CLIENT hereby allows THE PHOTOGRAPHER unrestricted use of these images (commercial or otherwise). For example, to promote the business in advertising, social media eg. Instagram, Facebook, Twitter etc, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).This list is not exhaustive. It is THE CLIENT’S responsibility to inform THE PHOTOGRAPHER if they would like images to remain private before completion of the contract. All requests will be considered at the discretion of the photographer.
Copyright
The Copyright Designs and Patents Acts assign the copyright of the images to THE PHOTOGRAPHER (Nicola Parry). THE PHOTOGRAPHER assigns full usage/printing rights to THE CLIENT for personal use, friends and family. THE CLIENT may reproduce, copy and distribute the photographs.
The client releases all claim to profits that may arise from use of images. The Client may not resell, relicense, redistribute without express written permission from photographer.
Images are not to be edited by anyone other than THE PHOTOGRAPHER, this includes Instagram filters or anything that might alter the look and style, or change integrity of the photographic work, unless this has been otherwise organised and stated in writing.
THE CLIENT may supply images to agencies, for portfolio use only, with the agreed consent of THE PHOTOGRAPHER. The image must be credited to Nicola Parry. It is the responsibility of THE CLIENT to obtain permission from THE PHOTOGRAPHER and ensure that the agency is aware of all usage rights.
It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
Technical Limitations
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
Due to the limitations of computer monitors it is understood that:
- images appear differently according to the specification of each monitor
- prints will not match images rendered on any particular computer monitor.
Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Privacy
Nicola Parry of Nicola Parry Photographer may store your necessary data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation. For more information about privacy please see the privacy policy or contact [email protected]
Terms and conditions are subject to change
Governing Law
Any contract made between THE PHOTOGRAPHER and THE CLIENT shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
These Terms & Conditions are supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014. Regulations 2013 and come into force on 13th June 2014
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