Terms and Conditions
Note – For the purpose of this document Natty Images Photography shall be referred to as NIP. The visitor to the site or the individual (whether representing an organisation or not) who books a session and/or orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of Scotland 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) By booking with NIP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for a Photography session are non-refundable except in the event NIP cancels the booking. If 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.
3) REFUND POLICY FOR PORTRAIT/LIFESTYLE SESSION
NIP will fully refund the booking fee in the event the Client is not willing to purchase any images.
4) IMAGES ONLINE
It is illegal to attempt to download, or to attempt to remove a watermark from any image taken and posted online by NIP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of NIP, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action and must be paid within 28 days.
5) FULFILMENT OF OBLIGATIONS
a) NIP 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 as NIP’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 the Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a session, NIP will not be held responsible for any resulting reductions in quality or quantity of images supplied. If the 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 paid. A full session fee will need to be paid to rebook.
6) CAKE SMASH SESSION
It is the clients’ responsibility to inform NIP of any food allergy or intolerances the clients baby has prior to ordering the cake. NIP will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform NIP. By signing the Cake Smash contract, you waive all rights to sue NIP if any illness results due to lack of information given to NIP by the client.
a) All images produced by NIP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by NIP. NIP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.
b) All prices are subject to change without notice by NIP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
Although NIP will do its best to produce the discussed amount of proofs for the Client, there is no guarantee that any particular number of proofs will be produced.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and NIP, NIP 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 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, NIP 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) NIP fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of NIP, and NIP reserves the right to charge the Client for additional editing to cover time involved, which will be agreed prior to editing and is dependent on the amount of work per image. Any additional edit requests MUST be raised by the Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
c) If the Client does not view or purchase images within three months of the session, and without further arrangement, NIP will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by NIP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of NIP. This includes saving, screen grabbing and downloading from Facebook or other social media.
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 NIP’s written permission.
c) Permission to reproduce a picture is granted to the Client by NIP only when a fee for the reproduction has been agreed with NIP and an invoice has been issued by NIP and paid in full by the Client to NIP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to NIP an unauthorised use fee of £1000 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 NIP is personal to the Client and may not be assigned to any third party without NIP’s prior written consent.
f) The Client will fully indemnify NIP 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 NIP’s prior written consent).
While NIP 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.
12) RECEIPT OF PICTURES
The pictures are presumed to have been received in good condition unless the Client notifies NIP in writing of any discrepancy or error within 14 days of receipt.
13) COOLING OFF PERIOD
a) There is a 14 day cooling off period where the Client many cancel any booking from the day NIP acknowledges receipt of the booking fee.
b) Because of the bespoke nature of photography, and 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, refund or exchange on products of any kind once the order has been placed.
c) By placing an order with NIP you are committing to buy the ordered products.
14) 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 Natalie Michie 9 MacKenzie Garden, Dolphinton, WEST LINTON, EH46 7HS. 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.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
15) USE OF PICTURES
NIP 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.
16) MODEL RELEASE
Unless specified in writing, NIP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
17) 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.
18) CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of NIP.
20) GIFT VOUCHERS
a) Gift vouchers purchased from NIP are only valid for 12 months from the date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non-transferable. No refunds will be given.
23) ONLINE GALLERIES
a) Online galleries will be live for 48 hours ONLY at a time agreed with the Client. All orders must be decided during this time.
b) The first reopening of online galleries will incur an admin charge of £25.
Reopening of galleries after this will incur a charge equal to the lowest available digital package, payable towards the final order.
a) All bookings made from June 2021 onwards are subject to government guidelines regarding Covid 19.
b) While every safety precaution is taken to minimise risk, by placing a booking the Client accepts that NIP will not be held responsible for any infection of COVID-19 after Clients’ session of any kind.
IMAGES ARE KEPT FOR A SIX-MONTH-PERIOD AT THE DISCRETION OF NATTY IMAGES PHOTOGRAPHY.