TERMS & CONDITIONS
Payments: A non-refundable booking fee will confirm your booking. The booking fee is required to book and secure the time and services of the photographer for the session, and until it is paid the session is not confirmed. Payment can be made through our online portal or by cash or bank transfer.
Additional Fees: There are additional fee’s for all prints, digital images and products. Reference the full product pricing for specific pricing amounts.
Schedule: Due to the nature of the business, we try to create a strict timeline that will be enforced to ensure that all schedules run smoothly. The session will start at the scheduled start time, even if the Client is late the session end time will remain the same. The Client is responsible for checking that we have the props that they may want to be used within the session.
Conduct & Cooperation: Bella & Duck Photography is not held responsible for the behaviour of parties involved with the session. If the desired outcome of your session is jeopardised by the behaviours of parties involved, then we cannot be held responsible. The Client also understands that special requests are not binding instructions, although every effort is made to comply with the Client’s wishes, cooperation from all parties is a must. In the event of uncooperative children at a session, Bella & Duck Photography may not be able to capture any of the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
Artistic Input: Bella & Duck Photography shall be entitled to use their judgement regarding the style and artistic input in the production of the images. This includes, but is not limited to locations, poses and number of images taken. All images are edited before being presented to the Client. Additional edits are carried out at the discretion of Bella & Duck Photography. Bella & Duck Photography also reserves the right to charge the Client for requested additional editing requested to cover time involved.
Copyright & Client Usage: The photographs produced by Bella & Duck Photography are protected by Copyright Law (1988 Copyright Act) and may not be reproduced in any manner without Bella & Duck’s written permission. Digital images purchased remain the property of Bella & Duck Photography, however they come with License for the Client to reproduce images digitally or in print for personal use only, and may be reproduced for the purpose of sharing with friends and family.
As owner of the copyright, Bella & Duck Photography shall have the exclusive right to make edits and reproductions of all photographs. This includes making reproductions for the Client or for Bella & Duck Photography’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the studio. If Bella & Duck Photography desires to make other uses, they shall not do so without first obtaining the written permission of the Client.
Commercial use of these photos is prohibited. In the event that these photos will be published, sold for profit, used within marketing materials the Client must obtain written permission from and compensate studio prior to the release. Additional contracts will be needed at that time. The Client reserves the right to share and post images on social networking sites such as Facebook and Twitter, but must provide a link/credit to Bella & Duck Photography. 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 Bella & Duck Photography’s written permission. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Bella & Duck Photography an unauthorised use fee of £100 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
Reshoot Policy: In the event that the weather conditions are not desirable for location shoots based on Bella & Duck Photography recommendations, the session will need to be rescheduled and the fee will be waived. Due to liability and equipment damages this decision will be at Bella & Duck Photography’s discretion. In the event that a reshoot has been scheduled due to the nature of the Clients appearance in the previous session, the Client is held responsible for paying an additional shoot fee. In the event that a reshoot has been scheduled due to the non Client cooperation in the previous session, the Client is held responsible for paying an additional shoot fee.
Cancellation: In the event that Bella & Duck Photography has to cancel this contract for reasons beyond their control (death, injury, sickness, forced closure) a reschedule will be offered. The Client may cancel this contract at any time by giving written notice to Bella & Duck Photography, but in doing so shall forfeit any monies paid. Up to one reschedule of a session is available should the Client provide Bella & Duck with adequate notice.
Limit of Liability: In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond studio control before they are sent to the Client, studio liability is limited to the return of all payments received for the portrait session. The limit of liability for a partial loss of originals will be a prorated amount of the exposures lost based on the percentage of total number of originals.
Proofs/ Images: No set minimum number of proofs will be guaranteed from any shoot. This will depend on cooperation from the Clients. We aim to provide 30 proofs from each shoot, Bella & Duck Photography will do its best to produce more proofs than discussed with the Client. Proofs provided in the online proofing gallery, are the final images. Images that do not meet the standards of Bella & Duck Photography are deleted in the first part of the editing process and are non-recoverable. Whilst every effort is made to ensure images presented are edited to the highest standards Bella & Duck Photography makes no commitment to the extent by which images will be ‘fixed’ for the avoidance of doubt you can be assured that the photographer will endeavour to correct any non-permanent blemishes and make changes to the image that improve the finished result. On viewing your images, the Client is responsible for pointing out any additional editing that you may feel is necessary BEFORE placing your order. As photographic prints are bespoke products we are unable to accept responsibility for issues with images that are noticed after the products have been ordered unless it can be proven that they were not visible at the time of ordering.
Completion Schedule: Due to the nature of our sessions, completion and product delivery time may vary depending on the time of year. We aim to have all sessions edited within 4 weeks, and your online proofing gallery password will be emailed up on completion. The online gallery is available for 3 days with one extension if required. All unpurchased images are purged if not selected. Once images are selected they are downloadable for 14 days during this time unlimited copies can be downloaded. Up to one extension is provided within this time. There may be a £20 administration fee to access the gallery after this time. Prints and Products take up to 14 working days for completion upon ordering, and payment in full at this time. Please note that the supply of products and services are provided by the on a best endeavours basis. Bella & Duck Photography will not be liable for delays that are beyond reasonable control. Bella & Duck Photography shall use reasonable endeavours to meet agreed deadlines where applicable. Bella & Duck Photography shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control, including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
Receipt of Pictures: The Pictures are presumed to have been received in good condition unless the Client notifies Bella & Duck Photography in writing of any discrepancy or error within 3 days of receipt. Because the supply of the photographs have been made to the Client’s personal specification, the Client does not have the right to a cooling off period. By placing an order with Bella & Duck Photography you are committing to buy the ordered products.
Online Download, USBs and Archiving: Depending on the package purchased images will be either available for digital download or provided on USB or both. All images are downloadable for between 3 and 14 days after the session depending on the session type after which time the gallery will close and delete. It is advised that purchased digital images should be saved to multiple locations. Purchased images are retained for a period of 12 months at the discretion of Bella & Duck Photography. These may be retrievable for an administration fee of £20. Images older than one year may be available but this is not guaranteed. Once purchased the responsibility of file storage lies with the Client. All un-purchased images are deleted 8 weeks after the session date.
Inherent Qualities: The Client should be aware that colour dyes in photography may fade or discolour over time due to the inherent quality of dyes, the Client releases Bella & Duck Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. The professional prints supplied by Bella & Duck Photography minimise this risk, no liability is accepted on third party print and product suppliers.
The above conditions and terms constitute the full conditions and terms of any work agreement made between you (Client) and Bella & Duck Photography. By booking a session it is assumed you have read the Terms and Conditions and are happy and understand.