In the following terms and conditions “The Photographer” shall mean a photographer acting on behalf of “Caeruleum Photography” which is a subsidiary brand of Caeruleum Projects Ltd, company number 7769748.
“The Client (s)” shall be those persons defined as the client on the booking form under Your Details.
“The Subject” is the person or persons who are having photographs taken at the request of the “The Client (s)”. The Client (s) and The Subject can be the same person however do not have to be so.
All Subject (s) who are photographed or involved in a photographic shoot are deemed to have consented or that consent has been given by a parent or legal guardian should The Subject be less than 18 years old.
By booking with Caeruleum Photography you enter into a contract and agree to abide by these terms and conditions.
These terms and conditions cannot be varied in any way by The Client (s) unless such conditions are expressly agreed by The Photographer in writing.
A non refundable booking fee is charged when The Client (s) agrees to this contract. This fee is deducted in full from the total price. The booking fee secures the time and services of The Photographer for a photographic shoot for a specific day and time and is not refundable or transferable in the event of cancellation.
Any outstanding fees or payments must be made in full before any images will be released to The Client (s).
Payment for any images or prints must be made in full before any items will be ordered or provided by The Photographer.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source code or object code, computer files or printed documentation relating to such images are protected by the Copyright Designs and Patents Act 198. It is contrary to the Act to copy or allow to be copied photographically or electronically or by any other means an image created as part of this contract without the permission of The Photographer in writing.
Clients have the right to use any images purchased whether digital or print without seeking the permission for their own personal use which includes magazines, newsletters, exhibitions, displays, banners, posters, adverts, intranet, and websites but excludes marketing material, commercial websites or any material produced by a third-party supplier.
RAW images will remain the property of The Photographer and cannot be transferred to The Client (s) or purchased.
Should an image online be saved via any means and used elsewhere without the written permission of The Photographer whether the copyright has been removed or not a copy infringement fee of £1000 per image will be applied to avoid court action and must be paid with 28 days.
Cameras, camera phones, camcorders or any other recording equipment is not permitted during any session either in studio or on location without the express permission in writing of The Photographer.
The Client (s) hereby allow (s) The Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums or in any other way appropriate in the promotion of the business.
The Photographer retains the rights to any photographs, images whether digital or physical all cases to use the pictures in any manner at any time throughout the world for any reason including the promotion of the of its work or for exhibition or competitions.
The Photographer will aim to keep photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Caeruleum Photography employees.
The Client (s) understands and accepts that the photographic coverage will be as The Photographer’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with The Client (s) wishes.
The casting element of the “casting photo shoot” is carried out by Serendipity Casting. All liability relating to the casting process and casting session itself that does not relate to the photography is the responsibility of Serendipity Casting.
In all other matters these terms and conditions apply.
The Photographer will endeavour to re-arrange the photographic shoot in the event that they are unable to undertake the photographic shoot on the arranged date due to any reason beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, etc. In the event of cancellation by The Photographer or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
These terms and conditions shall be governed and construed in accordance with the Laws of England. Should any element deemed invalid or unenforceable under the law the validity of this agreement as a whole shall not be affected and the other provisions of this agreement shall remain in force and effect.
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from a delay in transit. Where work is defective for any reason, including negligence The Photographer’s Liability if any, shall be limited to rectifying such defect
Any directions issued to The Client (s), their guests or The Subject (s) involved in the photographic shoot are deemed to be at said persons own risk
The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
Because the supply of the photographs has been made to The Clients personal specification The Client (s) does not have the right to a cooling off period.
Where a photographic shoot has been booked and a booking fee has been paid and this is within 14 days of the photographic shoot then no cooling off period applies
Where a photographic shoot is booked and the booking fee is paid and where the date is more than 14 days in the future then The Client (s) would be entitled to a refund of any fees paid should they cancel in writing within the first 14 days after the booking fee has been paid.
Where The Client (s) and The Subject arrive 30 minutes or more late for a photographic shoot the photographic shoot will be deemed to be cancelled and the booking fee retained. If a new photographic shoot is required then new booking fee will be required.
Where a photographic shoot is booked and dates are not confirmed due to the due date of the baby being uncertain The Photographer will endeavour to accommodate the booking to ensure the photographic session occurs within 14 days of the delivery of the baby.
The Photographer shall not be liable to provide a refund where a photographic session is 14 or more days after the delivery of the baby.
The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers judgement regarding the location, poses and number of photographs taken shall deemed to be correct
The Photographer makes no guarantee as to the number of images presented from a photographic session.
Any numbers indicated in marketing material or on the website are purely indicative and can vary.
All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of mono or part colour images the colours used will be subject to the Photographers artistic interpretation and will be deemed to be correct. All photographs supplied by Caeruleum Photography are produced to the highest standard and using the best quality materials and the most appropriate processing techniques. However all photographs will in time fade. This is particularly true If they are left in bright sunlight and are not behind glass. Caeruleum Photography cannot accept any responsibility for this gradual image deterioration. All pictures are purchased are presumed to have been received in good condition unless the client notifies Caeruleum Photography in writing of any discrepancy or error within 14 days of receipt.
The Photographer will not be held responsible for variances in images viewed digitally and any printed version of that image. The Photographer will not be held responsible for variances in images caused by Clients viewing images on non-calibrated monitors or devices
If The Client (s) chooses to order digital files and have them printed by someone other than The Photographer then The Photographer cannot be held responsible for the quality of the printing or the quality of the products.
All digital files will be provided as high resolution. Once The Client (s) agrees to take the products they are accepting they are in satisfactory condition. Once the digital files have been received by USB or any other method of transfer they are non-refundable.
The photographer shall not be held responsible for the security of the digital images provided and is not liable to replace digital images after they taken by The Client (s). The USB stick they are supplied on should be returned as faulty within 14 days after which time The Photographer has no liability regarding the USB.
The Photographer will not refund nor accept the return of or refusal to pay charges for any technically acceptable photograph supplied either in print or in electronic format. No exceptions can be made as Caeruleum Photography cannot be held responsible for individual tastes or exceptions.
Refunds will not be considered for incorrectly ordered items or items ordered in error.
Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the Photographers discretion
The Photographer reserves the right to reduce the cost of photographic shoot or digital files or prints at any time throughout the year at the discretion of The Photographer as an “offer” or “sale”. If you have paid full price for a photographic shoot or digital files or prints at another date it is not possible then to receive the discounted price for any items previously purchased at an earlier date. This includes but is not limited to advance bookings.
Original digital images are kept on archive for three months after which time the raw images are stored in a secure location. Access to those images is limited solely limited to the Photographer or any employee of Caeruleum Photography. RAW image files will not be routinely deleted unless by express request from The Client (s) or at the discretion of the Photographer.
Images will be available to view securely in a digital format for up to 30 days from the day after the photographic shoot.
Any Complaints should be first raised by the client with the Photographer in writing within 21 days from receipt of the images.
The Photographer will keep confidential and will not disclose to any third party or make use of material or information communicated to the Photographer in confidence for the purpose of photography.
The Photographer reserves the right to amend these terms and conditions without prior notice.