Newborn Session Terms and Conditions
1. Deposit and Payment. Session fees are due upon booking and are non-refundable. Session fees cover time and talent only and secure your session date and current pricing. Images and products are sold separately.
2. Cancellation. In the event of sickness prior to the session, the Client agrees to inform Danielle Smith Photography no later than 2 hours prior to the start time of the 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. If the Client fails to reschedule within the 2 month time period, Danielle Smith Photography has the right to cancel the booking with all payments made non-refundable. Danielle Smith Photography maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Where not possible, Danielle Smith Photography's liability shall be limited to a full refund of the session fee.
3. Travel and Additional Fees. The client is responsible for covering additional fees and costs related to location choice (admission fees, parking, etc.). Travel up to 25 miles from Romford, Essex is included. Travel beyond 25 miles will incur a surcharge per mile at an agreed rate.
4. Electronic Devices. Cameras, mobile phone cameras, and camcorders are not permitted during sessions.
5. Proof gallery and ordering. A password protected, online gallery of proof images will usually be available within 2 weeks of the session date. At busy times or over the Christmas period this may take longer than 2 weeks, and you will be advised of this at your session. The gallery will contain anywhere from 30 images upwards from an average Newborn session. This figure is dependent upon a number of factors, including the willingness/co-operation of subjects. If the total number of images is above or below the average amount, no credit will be given or additional charges applied. The client gallery will remain live for a period of 2 weeks. After this time, it can be reinstated at a cost of £10 for an additional 2 weeks.
6. Payment. The photographer will not begin design work or process orders until full payment is complete.
7. Digital Images. If the client purchases the digital files, Danielle Smith Photography is not responsible for printing errors or for quality of prints or products printed elsewhere.
8. Storage of digital files. Images are kept for a 6 month period at the discretion of Danielle Smith Photography.
9. Receipt of prints, products and wall art. All orders are presumed to have been received in good condition unless the Client notifies Danielle Smith Photography in writing of any discrepancy or error within 3 days of receipt.
10. Cooling off period. All portraits, books, albums, frames, 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 Danielle Smith Photography you are committing to buy the ordered products.
11. Returns Policy. Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client. Returns will not be considered for incorrectly ordered items or items ordered in error.
12. Copyright Laws/Model Release. Danielle Smith photography retains the copyright on all images and reserves the right to use the images for advertising, display, publication, or other purposes. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Under no circumstances, can a client use these images for profit, commercial endeavors, professional display, or in competitions. No image can be copied, scanned or reproduced in any form without the prior consent of Danielle Smith Photography. The Client may not alter or add to or manipulate a picture by any means. Permission to reproduce a picture for personal use is granted to the Client by Danielle Smith Photography only when digital negatives are purchased and paid for in full by the Client. Images may be used on personal websites (including Facebook) as long as copyright notice appears near the images stating they were taken by Danielle Smith Photography.
13. Liability. Danielle Smith Photography 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 Danielle Smith Photography’s professional expertise determines. 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 Danielle Smith Photography, liability shall be limited to a full refund of all monies paid, although every effort will be made to re-take the photographs.
If the photographer cannot fulfill this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order. The client releases Danielle Smith Photography from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the session.