Terms & Conditions
Note – For the purpose of this document Kate Kirkby Photography shall be referred to as KKP.
The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
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) BOOKING FEE
- a) By booking with KKP you enter into a contract and have therefore agreed to abide by the terms and conditions.
- b) Booking fees taken for newborn and family sessions to reserve the session date. Booking fees are only refundable if the session is cancelled by the client at least 2 weeks before the session date. Booking fees may be transferred to a new booking at the agreement of the client and KKP.
- a) It is illegal to attempt to download, or to attempt to remove a watermark from any image taken and posted online by KKP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of KKP, 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.
4) FULFILLMENT OF OBLIGATIONS
- a) KKP 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 KKP’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 fails to read the supplied information, and therefore fails to carry out required preparations prior to a newborn session, KKP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
- a) All images produced by KKP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by KKP. KKP 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 KKP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
- a) Although KKP 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) IMAGE PRODUCTION AND HANDLING
- a) Save as otherwise agreed between the Client and KKP, KKP 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, KKP 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) Any specific edit requests MUST be raised by Client at the proofing stage. KKP reserves the right to charge an additional fee for any editing considered beyond the normal scope. Any additional fees will be agreed before the work is carried out. Requests not raised at proofing stage will not be considered once products have been ordered.
- c) The Client has two weeks after the initial gallery is sent out, to select their images. After this date images will be archived for six months from the session date. Retrieval can be requested for an admin fee of £25. Images not purchased after this time will be deleted. The initial two week selection period may be extended by prior arrangement with KKP and written notice will be given before any gallery is archived.
8) COPYRIGHT & REPRODUCTION
- a) Copyright is retained by KKP at all times throughout the world. No image can be copied or reproduced in any form whatsoever without the prior consent of KKP. This includes print scanning & copying, 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 MRP’s written permission.
- c) Permission to reproduce a picture is granted to the Client by KKP when the digital file has been purchased and the invoice issued by KKP to the Client has been paid in full. .
- d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to KKP an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
- e) The Client will fully indemnify KKP 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 KKP’s prior written consent).
- a) While KKP 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 WALL ART & PRINTS
- a) Products are presumed to have been received in good condition unless the Client notifies KKP in writing of any discrepancy or error within 14 days of receipt.
11) COOLING OFF PERIOD
- a) Because the supply of wall art and prints have 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 KKP you are committing to buy the ordered products.
12) 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) Returns will not be considered for incorrectly ordered items or items ordered in error.
- c) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
13) USE OF PICTURES
- a) KKP 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, unless requested not to do so.
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) 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 KKP.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF KATE KIRKBY PHOTOGRAPHY.