TERMS & CONDITIONS

It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

  1. Booking Fee

The Non-refundable Booking Fee secures the time and services of the Photographer for the 1st Birthday Cake Smash Session and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation.

  1. Payments

No Photographs, Storyboards, prints or Optional Extras will be delivered until all payments due have been paid in full. Sylvia Ciociano Photography will be in contact with you approximately [1] week prior to your session to arrange a pre-event appointment, if this is deemed necessary.

  1. Prices

All prices are as at the time of signing the Contract, but in the event that changes arise that are outside the Photographer(s) control, for instance but not exclusively, the costs of Prints, Optional Extras and Travel, then we will inform the Client of such within 07 days.

  1. Photographer(s)

The Principal Photographer will be Sylvia Ciociano-Nel, and where she deems appropriate, a 2nd Photographer of her choice will be provided at no extra cost. They will be the ONLY stills Photographers allowed to attend the session for financial gain. 

  1. Images

All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record digitally the exact colour as seen by the human eye. The number and style of photographs delivered to the client by the Photographer shall be deemed correct. Once the Gallery has been provided this will be active online for 7 days for the Client to choose their favourites. Gallery can only be extended once for a period of 3 days, after that Client would have to pay £15 if they want the Gallery active for another 5 days.

 

  1. Creative Licence

The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.

Display

The Photographer may display any photographs included in this contract in her studio, web site, portfolio, display areas, exhibitions, competitions, advertising or slide shows, unless expressly denied in writing by the Client at the time of signing the contract.

  1. Retouching

Retouching, digital manipulation and artist finishing is available to the Client as an optional extra (£10 per photo).

  1. Reorders

All Reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

  1. Copyright

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of The Photographer(s) in writing. Digital files remain the property of The Photographer(s).

Client agrees SCP can use the images from the session on her Website, Social Media or advertising material.

  1. Licensed Images

Images supplied by us on a USB as jpeg format digital files will be of sufficient resolution for printing (if Client has purchased a digital set of files). They are licensed to you for sharing or displaying electronically with Family and Friends and for printing by Parents only.

  1. Third Party Printing

Sylvia Ciociano Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB that we supply by Third Party Printers such as High Street photo processing shops.

  1. Attendance

In the unlikely event of the assigned Photographer being unable to attend the session due to unforeseen circumstances, we will rearrange the session.

  1. Delivery

Digital processing and image manipulation can take anything from 2-3 weeks in busy periods might take up to 4 weeks. Sylvia Ciociano Photography can therefore only provide the final product (USB/prints, albums, photoblocks) around that time. Upon receipt of the products, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required. Cooling off period All portraits, books, albums, etc. are non-refundable. Orders cannot be cancelled due to the custom nature of the products. Orders are 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. By placing an order with Sylvia Ciociano Photography you are committing to buy the ordered products.

  1. Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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 loss. It is the responsibility of the client to inform the photographer of any allergies upon booking Cake Smash & Splash Sessions. The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The photographer has the cakes professionally made by a third-party. Items may contain or have come in contact with nuts.

  1. Force Majeure (Act of God)

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

  1. Cancellation

The Client may cancel this contract at any time by giving written notice to The Photographer(s), but in doing so shall forfeit any monies paid.

We understand that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform Sylvia Ciociano Photography no later than 12 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period. Sylvia Ciociano Photography reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, Sylvia Ciociano Photography has the right to cancel the booking with all payments made non-refundable. When cancelling a Cake Smash Session because the cake is made to order, Cake Smash sessions must be cancelled at least 4 working days in advance. If less notice than this is given, a £30 rebooking fee will be charged, whatever the reason for the cancellation.

Cancellation less than 4 weeks before the event will result in the payment in full. All cancellations must be in writing. Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s).  In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

Notice received 30 days prior to the event/session date or more: Booking Fee only.

Notice received less than 30 days: 50% of the agreed balance due will be payable.

Where no package has been selected on the original booking form/email, the agreed balance will be accepted and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer.

Where an Event/Session is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client.

  1. Complaints

Any complaints should first be raised by the Client with the Photographer in writing within 24hours from the date of receipt of images or any products.

  1. Conduct & Safety

The Photographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control their conduct, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer or of the Client. The Client understands that in such an event, no refunds will be granted. Photographic equipment: Cameras, mobile phone cameras and camcorders are not permitted during any session, in studio or on location.

  1. Country of Jurisprudence

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.