Terms & Conditions 3
This page details the current terms and conditions for a shoot at BBS.
These Terms and Conditions constitute an agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this agreement shall not have any rights under or in connection with it. This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law.
Your booking and/or payment of the session fee signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service. No variation of this contract shall be recognised unless explicitly agreed to in writing. Any booking or payment made to BBS (including the session fee) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediation instead of court proceedings.
COPYRIGHT & OWNERSHIP
The copyright and all other rights in the Photos shall be retained by BBS. Any unauthorised reproduction or modification of any images will constitute a breach of copyright. This includes making copies or ‘screen shots’ of images shared by the photographer online. Sometimes the photographer may share previews or “sneak peeks” of your images, or give you access to an online gallery of images. These images must not be copied, screen shot, downloaded, edited or altered in any way. If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them.
Your shoot is reserved only once paid for. Session fees are non-refundable and contribute towards the photographer’s time planning your shoot.
PRICES & PAYMENTs
The price for your photo shoot session will be as agreed at the time of booking. Booking your session by paying your session fee guarantees that you receive the current rates. Sessions rescheduled by the client are subject to the prices current at the time of rescheduling. Prices on the website or on marketing materials may be out of date, and BBS reserves the right to adjust prices at any time without prior notice. All prices are in Euros. All photoshoot sessions must be taken within 3 months of the session fee payment being made. Any exceptions to this need to be agreed in writing, and the current prices and booking conditions will apply.
After booking, BBS will send you a confirmation email in which you will be asked to contact us. It is at this point that the specific details (i.e. date, time, theme, special requests) of the shoot will be agreed by email or phone messenger. All major details of the Ts&Cs will be clearly reiterated during this procedure.
RESCHEDULING & REFUNDS/CANCELLATIONS
Shit happens especially in the new normal. However once a date and time is agreed upon this booking is binding. Any cancellation will be at BBS discretion and must be communicated promptly. We will always blabla blabla best to accommodate, however…..
BBS will use reasonable endeavours to supply the Photography Services in a professional, prompt and proper manner. BBS reserves the right to decline to book or carry out any portrait session or services that are deemed to pose a health and safety risk to you, myself, my assistant, or other people.
You agree to assist and cooperate in all matters relating to the Photography Services and to supply all information reasonably requested in order to carry out the Photography Services. Although I will do everything I can to make the experience engaging and enjoyable, you understand that I am not responsible for any photoshoot participants who refuse to cooperate, and that this may impact on the number and quality of the images I am able to capture. You agree to take responsibility for your own safety throughout your portrait session, recognising that there are additional hazards to watch out for in a professional photography studio, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. If you are posed in, on or near a prop or another member of your family, you agree to remain nearby, vigilant and responsible for their safety at all times.You agree not to take pictures on your own camera or phone during the portrait session or reveal, nor to take screenshots from your online gallery, unless permission is explicitly granted.
SESSION TIMES & DURATION
Please make every effort to arrive on time for your session and please let BBS know as soon as possible if you anticipate arriving late. If you are less than fifteen minutes late, the session length may be reduced accordingly. If you are more than fifteen minutes late, the session may be cancelled, with no refund or re-shoot provided. If a session duration is not specified as part of your package, BBS will end the session at our discretion should we determine that adequate images in terms of quality and quantity have been captured. You grant the photographer full creative licence to shoot, select images, edit images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.
SPECIAL IMAGE REQUESTS
BBS will make every effort to comply with requests for specific photos. Please ensure these are clearly detailed in advance of the shoot. Requests that are felt to be unsafe refused and those that are overly time consuming will be charged. It may not be possible for all of the images requested, or those expected, to be captured.
SELECTING & EDITING
Protected photos will be sent by Wetransfer within 2 working days of the shoot for selection purposes. Any subsequent link will be sent with additional charges. Please then select the images to be edited and send back the details.Additional editing can be requested but is delivered at BBS discretion and will incur additional charges. BBS will keep all RAW images on archive for one month from the date of your photo shoot session, after which they will be permanently deleted. The editing process will take 21 days maximum from selection and the edited files will be again sent via Wetransfer. It is client responsibility to backup any digital files received. Please create multiple backups on different devices, and ensure the safe keeping of any prints, albums or other products.
BBS will store client names, contact details and session information privately and will not share these with any other business or organisation.
In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond our control, our liability shall be limited to a full refund of all monies paid. BBS will not be liable for any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, inclement weather or default of suppliers or sub-contractors. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. BBS total liability for any breach, representation, act or omission (including negligence) shall be limited to the fee in relation to the Photo Services and BBS shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. In the event of incapacitating illness or injury to the Photographer, BBS will have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then BBS shall refund any fee paid in relation to the interrupted Photo Services in full.