TERMS AND CONDITIONS FOR BOOKING WITH FORGET ME K&OT PHOTOGRAPHY
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.
c) By booking with Forget Me K&ot Photography you enter into a contract and have therefore agreed to abide by the terms and conditions.
2. BOOKING FEE
a) Booking fees taken for newborn, portrait/sitter sessions, cake smash and all other sessions are non refundable except in the event Forget Me K&ot Photography cancels the booking. lf a booking is made via an online booking system, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given.
b) All prices are subject to change without notice by Forget Me K&ot Photography. All bookings made however will continue at the rate agreed at the time of booking.
c) A minimum non-refundable deposit of 50% of the session fee is required to hold your space and must be paid before the session date.
d) By signing the booking form you confirm that you are aware that a limited number of edited photos in jpeg format are included in the session fee and you understand the price structure of purchasing additional photos.
3. FULFILMENT OF OBLIGATIONS
a) Forget Me K&ot Photography 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, injury, pandemic or natural disaster.
b) The Client understands and accepts that the photographic coverage will be as Forget Me K&ot’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.
d) If Client is more than 30 minutes late for a session without communication the session is cancelled and no refund will be given on any session fee/deposit paid. A full session fee will need to be paid to rebook.
4. CAKE SMASH SESSION
Where a cake is arranged to be purchased by Forget Me K&ot Photography (this is not the usual practice) it is the clients responsibility to inform Forget Me K&ot Photography of any food allergy or intolerances the clients baby has prior to ordering the cake. Forget Me K&ot Photography will not be held liable for any adverse effect or illness the child may suffer as a result of an allergy if the Client did not inform Forget Me K&ot Photography. By signing booking form you waive all rights to sue Forget Me K&ot Photography if any illness results due to lack of information given to Forget Me K&ot Photography by the client.
a) All images produced by Forget Me K&ot Photography are done on a fully calibrated monitor. Forget Me K&ot Photography will not be held responsible for variances in images caused by clients viewing images on non calIbrated screens or monitors or variances in colour/quality caused by third-party printers.
6. IMAGE PRODUCTION AND HANDLING
a) Forget Me K&ot Photography 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 variances of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or to fulfil the clients expectations. In the event of uncooperative children at a session of any kind, for any reason, Forget Me K&ot Photography 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) Forget Me K&ot Photography fully edits all gallery images before presenting to Client. Additional edits are carried out at the discretion of Forget Me K&ot Photography, and Forget Me K&ot Photography reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image.
c) lf The Client does not view or purchase images within three months of the session without arrangement, Forget Me K&ot Photography will assume they are not wanted and will delete all files.
7. COPYRIGHT & REPRODUCTION
a) Copyright is retained by Forget Me K&ot Photography at all times throughout the world. 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 Forget Me K&ot Photography’s written permission.
c) In the event that an unedited photo is supplied by agreement between The Client and Forget Me K&ot Photography it is understood that Forget Me K&ot Photography is not credited with the image (especially online) unless expressly stated that this is an unedited and unfinished photo and does not reflect the finished product of Forget Me K&ot Photography.
8. RECEIPT OF PICTURES
a) Forget Me K&ot Photography will aim to have a viewing gallery to The Client within 14 days from the date of the session however cannot guarantee this date especially in the event of force majeure.
b) The pictures are presumed to have been received in good condition unless the Client notifies Forget Me K&ot Photography in writing of any discrepancy or error within 7 days of receipt.
9. USE OF PICTURES
a) Forget Me K&ot Photography 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.
Forget Me K&ot Photography will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means.
a) All bookings made from 24th March 2020 onwards are subject to government guidelines regarding Covid 19. Should your session be unable to go ahead, it will be rescheduled for a later date or refunded.
b) While every safety precaution is taken to minimise risk, by placing a booking Client accepts that Forget Me K&ot Photography will not be held responsible for any infection of COVID-19 after Clients session of any kind.
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.