Note – For the purpose of this document Marinela Malherbe Photography shall be referred to as MMP.. The visitor to the site or the individual (whether representing an organization 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
- a) This booking fee is not returnable except in the extreme event of MMP cancelling the
b) Booking fees taken for newborn sessions are non refundable except in the event MMP cancels the booking. Except exceptional circumstances solely as a result of bereavement from either a parent or child directly in relation to the proposed subject.
c) Cancellation of the session by the client will result in the client losing their booking fee, (except in bereavement situations). In bereavement situations the booking fee will be returned to the client within 28 days.
2a) MINIMUM SPEND
- a) The client accepts that booking with MMP enters themselves (as client) into a contract whereupon a minimum spend of £150 is required on products (excluding booking fee). Any promotional or referral gifts given by MMP will only be provided to client following receipt of said £150. Hardship payment plans are available MM special circumstances as to be discussed & agreed with HPP.
2b) GIFT VOUCHERS
- a) The person receiving the gift must use the gift voucher within 12 months of the gift certificate being purchased. MMP specializes in Baby photography only & gift certificates purchased as a baby photography session, must only be used towards a Baby photography session. After 12 months have elapsed since purchase of the gift certificate, it will then become expired & no longer useable.
- b) It is the receiver of the gift certificates responsibility to contact MMP to book their session date, using the contact methods available on the website. Gift certificates cannot be exchanged for the cash value if the receiver does not want the gift, nor are gift certificate purchasers eligible for a refund if the gift is not wanted by the receiver.
3) FULFILLMENT OF OBLIGATIONS
- a) MMP 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.
b) The Client understands and accepts that the photographic coverage will be as MMP’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’) If Client fails to read the supplied session tips, and therefore fails to carry out required preparations prior to a session, MMP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
All images produced by MMP are printed on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by MMP. MMP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at MMP studio & orders prints/products through approved MMP suppliers. No responsibility will be taken for poor quality prints or products being ordered from non professional labs, it is the clients responsibility to query poor quality products printed from digital files with their own supplier if purchased from a supplier not endorsed by MMP.
- a) Although MMP 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 per gallery.
- b) Galleries will be ready for client ordering appointments 2-3 weeks after the session date, if a delay is expected due to illness, clients will be informed via the communication lines which have previously been used.
- c) Unless otherwise discussed or payment arrangements made, all galleries are archived after 2 months from the client being informed that their gallery is ready. They should book a date for their ordering appointment. within this 2 month period. After 2 months passes an un-archival fee of £100 will be charged.
6) ARTISTIC INPUT
- a) Save as otherwise agreed between the Client and MMP, MMP shall be entitled to use its judgment 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 uncooperative children at a session of any kind, for any reason, MMP may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all older children at all times during sessions, including any damages or breakages incurred on any products, equipment, furnishings or other suchlike items in the studio. Breakages, whether accidental or otherwise must be paid for by the parental guardian at the time of the breakage. MMP will not claim on studio insurance for breakages or damage caused by children whilst under parental guidance in the studio.
b) MMP soft edits all images before presenting to Client. Additional edits are carried out at the discretion of MMP & before delivery to client, and MMP reserves the right to charge the Client for additional editing if detailed & extreme editing is requested by the client to cover time involved, at a rate of £20 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.
7) COPYRIGHT & REPRODUCTION
- a) Copyright is retained by MMP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of MMP.
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 MMP’s written permission.
c) Permission to reproduce a picture is granted to the Client by MMP only when a fee for the reproduction has been agreed with MMP and an invoice has been issued by MMP and paid in full by the Client to MMP.
d) In the event of unauthorized reproduction, the Client shall pay by way of liquidated damages to MMP an unauthorized use fee of £200 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 MMP is personal to the Client and may not be assigned to any third party without MMP’s prior written consent.
f) The Client will fully indemnify MMP against any unauthorized 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 MMP’s prior written consent).
- a) While MMP 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.
- b) Data, including clients images will be stored for 2 years incase of hardware issues or clients loss of digital products. If at any point client wishes MMP to delete this data from the stored hard drive this request should be made in writing to email@example.com. Data will be used only to provide the service requested by client & aid MMP in providing the correct service. Only basic data will be stored & only data which is required by MMP to provide the booked service. No data will be used for marketing purposes or shared with any 3rd party sources. Data will be stored under physical lock & key or password protected software.
9) RECEIPT OF PICTURES
- a) The pictures are presumed to have been received in good condition unless the Client notifies MMP in writing of any discrepancy or error within 14 days of receipt.
10) 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 MMP you are committing to buy the ordered products.
11) 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 Marinela. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
12) USE OF PICTURES
- a) No images will be taken, stored or published of a sensitive manner… sensitive images include images of genitalia. Newborn buttocks are excluded from sensitive material.
13) 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.
IMAGES ARE KEPT FOR THE PERIOD AS DOCUMENTED BY MMP AT THE DISCRETION OF MMP, CLIENT ORDERS ARE REQUIRED WITHIN THE TIME PERIOD TOLD BY MMP UPON GALLERY OPENING.