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Terms and Conditions



Terms and conditions for my "Christmas photoshoot", "Maternity photoshoot", "Newborn photoshoot", "Sitter/Baby photoshoot", "Cake smashphotoshoot" and "Family photoshoot".

1. COPYRIGHTS

1.1. All images and copyrights are the property of NEWBORNPHOTOGRAPHYART.

In exchange for services provided, NEWBORNPHOTOGRAPHYART retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. NEWBORNPHOTOGRAPHYART retains these rights even if image files are turned over to the Client.

1.2. It is illegal to attempt to download, copy, snap shooting, saving, scanning and removing a watermark from any images from the Client's gallery or any image taken and posted online by NEWBORNPHOTOGRAPHYART for any reason.

1.3. NEWBORNPHOTOGRAPHYART agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license. This license allows the client to do the following with the images:

Releasing photographs online by the Client (i.e. Facebook, blog or any other online channels) are prohibited unless the photographer’s company name, Facebook Page and/or Website is tagged or mentioned along with the image.

2. PRODUCTS AND PRINTS

2.1. All images supplied by NEWBORNPHOTOGRAPHYART are done on a fully calibrated monitor and all prints will be a true reflection of the editing carried out by NEWBORNPHOTOGRAPHYART. NEWBORNPHOTOGRAPHYART will not be held responsible for variations in images caused by client viewing images on non-calibrated screens or monitors.

2.2. Depending on print size requested, some cropping of an image may occur. NEWBORNPHOTOGRAPHYART advise the Client if a particular print size ordered is unsuitable for the photo in question.

2.3. If you choose to print digital files at a place of your choice NEWBORNPHOTOGRAPHYART cannot be held responsible for the quality of the printing or the quality of the products.

3. SESSION FEE / BOOKING FEE

3.1. By booking with NEWBORNPHOTOGRAPHYART you enter into a contract and have therefore agreed to abide by the Terms and Conditions stated here.

3.2. The session fee is due in full by the client at the time of booking in order to secure the appointment. NEWBORNPHOTOGRAPHYART will not hold any dates open without booking fee payment.

4. PHOTOSHOOT SESSION

3.1. The images on this site are from a large number of sessions and it is not possible to offer every pose or set up in each session. Every session is unique to each client. If a particular pose, prop or photo is wanted, the Client will discuss any requests before the day of the session. NEWBORNPHOTOGRAPHYART will make every effort to comply with requests for specific photos. However, this will be dependant on the willingness/co-operation of subjects, it may not be possible for all or any of the images requested or expected to be captured.

4.2. In the event of an unsettled baby, some requested props or poses may not be suitable and NEWBORNPHOTOGRAPHYART will use alternative props or poses. Please note, not all poses and shots are guaranteed.

4.3. NEWBORNPHOTOGRAPHYART will end the session at her discretion when it is determined that adequate images in terms of quality and quantity have been captured. There will be no refund or credit for unused time.

4.4. NEWBORNPHOTOGRAPHYART will do everything to produce good quality images. However, if your baby won’t settle or co-operate resulting in little or no images taken then NEWBORNPHOTOGRAPHYART cannot be held responsible. In this instance NEWBORNPHOTOGRAPHYART will offer the chance to re-shoot at a time suitable for both parties, although for newborn sessions it cannot be guaranteed that it will be in the 2 weeks time frame.

4.5. The Client is responsible for all children at all sessions.

5. IMAGE PRODUCTION

5.1. NEWBORNPHOTOGRAPHYART will use professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client.

5.2. NEWBORNPHOTOGRAPHYART shall be entitled to use its judgement regarding the style and the artistic input in the production of pictures. Professional re-touching and artist finishing is included. Edited images are delivered in full resolution JPEG format within 2 weeks after the photoshoot took place.

5.3. RAW (unedited) images are the photographer’s property and will not be supplied to the client. Additional edits are carried out at the discretion of NEWBORNPHOTOGRAPHYART, and NEWBORNPHOTOGRAPHYART reserves the right to charge the Client for additional editing to cover time involved.

6. CANCELLATION

6.1. In the event of an illness or misadventure, please call as soon as possible to reschedule. NEWBORNPHOTOGRAPHYART maintains the right to reschedule at any time should it become necessary but will do her upmost to negotiate a mutual acceptable rebooking. The request must be made no later than 24 hours prior to the start of the photography session.

6.2. If you have a sick child and you try to keep the appointment, NEWBORNPHOTOGRAPHYART will most likely request that you reschedule if it is noticed that your child is sick. Sick or uncomfortable children do not like to be photographed and we know that you will not love your images nearly as much as if he or she was in good health. The session can be transferred to a new date at the convenience of both parties.

7. FULFILLMENT OF OBLIGATIONS

7.1. NEWBORNPHOTOGRAPHYART shall not be liable to the Client for any failure, in whole or in part, to fulfill 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, illness or injury. The Client understands and accepts that the photographic coverage will be as NEWBORNPHOTOGRAPHYART professional expertise determines.

7.2. Special requests are not binding instructions, although every effort is made to comply with the Client’s wishes. In the unlikely event of total photographic failure, loss of digital images or cancellation of the contract by NEWBORNPHOTOGRAPHYART, liability shall be limited to a full refund of all monies paid, although every effort will be made to re-take the photographs.

8. PHOTO AND VIDEO DEVICE

8.1. Cameras, camera phones, camcorders or any other recording equipment are NOT permitted during any session

9. STORAGE OF DIGITAL FILES

9.1. NEWBORNPHOTOGRAPHYART will storage your files 6 months after the photoshoot. After 6 months from your session date NEWBORNPHOTOGRAPHYART will no longer be responsible for storing your image files.

10. PRIVACY POLICY

10.1. NEWBORNPHOTOGRAPHYART 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. ALL contact information is protected on secure systems and is password protected at all times.

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