Terms & Conditions
Note – For the purpose of this document Priceless Memories Photography shall be referred to as PMP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image/ Service shall be referred to as the Client.
1) CONTRACT: The client will agree to this our standard contract and image release prior to the photo session booking. The session specific contract (if appropriate) will be shared prior to the scheduled photoshoot.
1.1) 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) SESSION FEE: Deposits taken for all photoshoots are non refundable except in the event PMP cancels the booking.
3) FULFILLMENT OF OBLIGATIONS: a) PMP 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 determined using PMP’s professional expertise. 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.
4) IMAGES: Quantity of images supplied will vary depending on time spent with client & level of activity. The body of work will be selected by PMP from all usable files & will consist of both black & white and colour image. PMP fully edits all images before presenting to the client. Additional edits are carried out at the discretion of PMP and they, reserve the right to charge the client for additional editing to cover time involved. Digital images will be supplied in Jpeg format and each file size will be between 1 & 10mb in size. PMP cannot be held responsible for photographs that could not be taken due to time constraints, lateness or other unforeseen circumstances such as equipment failure. PMP aims to supply the client with their images within 2-6 weeks. PMP will not under any circumstances provide any unedited RAW images.
5) PRINTS: All images produced by PMP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by PMP. PMP 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 with a PMP representative on certified equipment..
6) PREVIEWS/PROOFS: Although PMP 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) ARTISTIC INPUT: a) Save as otherwise agreed between the Client and PMP, PMP 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 client’s full expectations. In the event of un-co-operative children at a session of any kind, for any reason, PMP 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) PMP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of PMP, and PMP reserves the right to charge the Client for additional editing to cover time involved. 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.
8) COPYRIGHT & REPRODUCTION: a) Copyright is retained by PMP at all times throughout the world. Packages purchased without watermark can be shared with family and friends but no commercial gain can be associated to the client. Should any commercial situation arise PMP is entitled to full compensation and prior agreement is required. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of PMP. 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 c) Permission to reproduce a picture is granted to the Client by PMP only when the client has secured the “ownership” option at booking. “Ownership” refers to the ability to share the images supplied with family and friends for no commercial gain. d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to PMP an unauthorised use fee of £100 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 PMP is personal to the Client and may not be assigned to any third party without PMP’s prior written consent. f) The Client will fully indemnify PMP 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 PMP’s prior written consent). All watermarked or unpurchased images displayed on www.pricelessmemories-photography.co.uk or Facebook, feel free to press 'Share', or add your own tags freely but please don't remove my tags and links. You may use images for social profiles but please leave the PMP watermark visible. These images are low resolution proofs without permission to download, or to print, save or change. All rights reserved.
9) IDENTIFICATION: While PMP 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: The pictures are presumed to have been received in good condition unless the Client notifies PMP 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 PMP you are committing to buy the ordered products.
12) USE OF PICTURES: PMP 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.
13) MODEL RELEASE: The client hereby assign(s) and grant(s) PMP and its legal representatives the irrevocable and unrestricted right to use and publish photographs of The client) or in which The client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases PMP and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that PMP may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by PMP.
14) 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) PRICING: All prices are subject to change at the discretion of PMP.
17) PHOTO STORAGE: All digital files will be held for exactly 6 months after completion.
18) To exclude images from web or social marketing would incur a £40 exclusion fee which will be invoiced at the time of booking.
These conditions were last updated on 06 September 2016.