For the purpose of this document Lil’Ones Photography by M.Gancarz shall be referred to as LOP.
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.
The Terms and Conditions listed below are applicable to all photography sessions. By booking a sitting with LOP, it is assumed that you agree to these. You will be asked to sign a Terms and Conditions agreement form on the day of your sitting. If you are not sure of anything, or would like some more information about these T&Cs please ask.
COPYRIGHT & REPRODUCTION
The copyright of all images remains with LOP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of LOP. This includes saving, screen grabbing and downloading from Facebook or other social media.
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 LOP written permission.
Permission to reproduce a picture is granted to the Client by LOP only when a fee for the reproduction has been agreed with LOP and an invoice has been issued by LOP and paid in full by the Client to LOP.
In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to LOP an unauthorised use fee of £100 per image.
The right to reproduce a picture granted by LOP is personal to the Client and may not be assigned to any third party without LOP ’s prior written consent.
The Client will fully indemnify LOP 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 LOP’s prior written consent).
LOP reserves the right to display images at their discretion. For further details, please refer to the model release section.
In the case of digital purchases, LOP cannot be held responsible for the quality of print/products provided by a third party.
By booking with LOP you enter into a contract and have therefore agreed to abide by the terms and conditions.
The relevant booking fee is payable in full at the time of booking to secure the appointment. Payments can be made by bank transfer or cash.
This booking fee is not returnable except in the event of LOP cancelling the booking.
FULFILLMENT OF OBLIGATIONS
LOP shall not be liable to the Client for any failure, in whole or in part, to fulfill 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.
The Client understands and accepts that the photographic coverage will be as LOP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
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.
If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a session, LOP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
If LOP has to cancel the appointment, an alternative date will be offered where possible. Where not possible, LOP’s liability shall be limited to a full refund of the sitting fee.
At least 5 days notice is required for Client cancellations. An alternative date will be offered where possible, but cannot be guaranteed. LOP completely understands that illnesses can develop suddenly. For this reason, should a session be cancelled with less than 5 days notice due to sickness, an alternative date will be offered where possible. Only two cancellations with less than 5 days notice is allowed before the session fee is retained.
STUDIO & ON LOCATION SESSION DETAILS
LOP will end the session at their discretion when it is determined that adequate images in terms of quality and quantity have been captured.
LOP will make every effort to comply with requests for specific photos. Please ensure these are notified in advance of the sitting. Requests that are felt to be unsafe will be refused. It may not be possible for all of the images requested or expected to be captured.
No cameras or mobile phone cameras are allowed during a session.
PROOF IMAGES AND ORDERING
A security protected, on-line gallery of proof images will be published within 3 to 4 weeks after session.
This will contain between 15 and 20 images. Although LOP will do its best to produce 15-20 images there is no guarantee that this number of proofs will be produced.
If the total number of images is above or below this estimate, no credit will be given or additional charges applied.
As soon as the gallery is available, the Client will be informed and it will be live for 14 days. After this time, if there is a specific image you would like to view again please inform LOP at the earliest opportunity to avoid delays with your order or disappointment.
The proofs will have been professionally post-processed i.e. correction of certain elements in an image such as minor physical flaws, (skin blemishes, dark eye shadows etc). LOP is granted total artistic control over the final image.
Typically orders are fulfilled between 2 to 3 weeks from the ordering/viewing session, depending on the products ordered. LOP does not accept responsibility for any delays cause by supplier interruptions or the postal/courier service.
Payment for items ordered must be made in full prior to ordering.
By placing an order with LOP, you are committing to purchase the ordered products.
Save as otherwise agreed between the Client and LOP, LOP 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 un co-operative children at a session of any kind, for any reason, LOP 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.
LOP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of LOP, and LOP 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.
All images produced by LOP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by LOP. LOP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors.
Depending on print size requested, some cropping of an image may occur. LOP will advise the Client if a particular print size ordered is unsuitable for the photograph in question.
In the unlikely event of total photographic failure, injury or sickness beyond LOP’s control, our liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. LOP holds full Public Liability Insurance.
While LOP 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.
RECEIPT OF PICTURES
The pictures are presumed to have been received in good condition unless the Client notifies LOP in writing of any discrepancy or error within 14 days of receipt.
COOLING OFF PERIOD
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.
By placing an order with LOP you are committing to buy the ordered products.
Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
Faulty items should be posted to LOP (please contact us for return address). The Client is responsible for any costs associated with return postage.
Returns will not be considered for incorrectly ordered items or items ordered in error. To that end, please ensure you select the correct image code. LOP is not liable for any errors made in this instance.
No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
USE OF PICTURES
LOP 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.
Please check separate Model Release document for all details.
IMAGES ARE KEPT FOR A 12 MONTH PERIOD AT THE DESCRETION OF LIL’ONES PHOTOGRAPHY BY M.GANCARZ.