Photography Service Agreement (Contract), Terms & Conditions
‘Agreement (Contract)’ and ‘Terms & Conditions’
In the following Contract, the ‘Photographer’ shall mean ‘Rachana Yadav” trading as ‘Papaya Peach Photography’.
“We”, “us” shall mean Papaya Peach Photography.
“Client” is the party commissioning the Photographer. ‘Client(s)’ shall be those persons who reach out to photographer and book photographic services. ‘Client(s)’ shall be those persons who participate in a photo session.
“Assignment” means a commission by the Client(s) of the Photographer for provision of Photographer’s services.
“Fee” means the Photographer’s fees & pricing as set out in the Estimate.
Terms “Photograph(s)”, “Photo(s)”, “Picture(s)”, “Image(s)” are used interchangeably.
Terms “Photoshoot(s)” and “Photo session(s)” are used interchangeably.
“Licensed Images” means the still and/or moving images selected from the Material and as specified in the Estimate as to be licensed for use in accordance with these Terms. “Material” means all photographic material created by the Photographer pursuant to an Assignment and includes but is not limited to transparencies, negatives, prints, digital files or any other type of physical or electronic material recording either still or moving images.
The Client(s) will agree to this contract prior to the photo session booking, this agreement must be signed and submitted before any session can begin.
1. GENERAL
1.1 Law and Jurisdiction: These Terms are governed by the laws of England & Wales and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of England & Wales.
1.2 These terms and conditions will prevail over any inconsistent terms or conditions contained, or referred to, in Client(s)’s purchase order, confirmation of order, acceptance of Estimate, or specification or other document supplied by Client(s), or implied by law, trade custom, practice or course of dealing.
1.3 These terms and conditions apply to all Assignments undertaken by the Photographer for the Client(s) and to all Usage Licences relating to such Assignments.
1.4 Assignment/Subcontracting: Neither party shall be entitled to assign, transfer, delegate, or sub-contract the whole or any part of its rights and obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
1.5 Notices: Any notice under these Terms shall be duly given if: (a) delivered personally; or (b) sent by pre-paid post, in which case it shall be deemed to have been received 48 hours after posting; or(c)sent by email, in which case it shall be deemed to have been received when transmitted.
1.6 Entire Agreement and Variation: These Terms constitute the entire agreement between the parties with respect to their subject matter.
1.7 Severability: If any part of these Terms is found by any court or other competent authority to be invalid, unlawful, or unenforceable then such part shall be severed from the Terms and the remainder shall continue to be valid and enforceable to the fullest extent permitted by law.
1.8 Third Party Rights: The provisions of these Terms are for the benefit of the parties and are not intended to confer upon any person except the parties any rights or remedies hereunder. No person who is not a party to these Terms shall have any right to enforce any of its terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
2. PRICING
2.1 All prices and packages are subject to change without notice by Papaya Peach Photography.
2.2 Package and Pricing information is available on Papaya Peach Photography website www.papayapeach.com. If a Client(s) has a requirement which is not covered under an available package, photographer would provide an estimate based upon information provided by the Client(s).
3. BOOKING FEE DEPOSIT AND DATE
3.1 The booking fee (deposit) as advised by Papaya Peach Photography is required to be deposited by the Client(s) at the time of booking to secure the appointment for photoshoot. The Photographer will not hold and reserve any dates without booking fee payment.
3.2 The booking fee (deposit) is required to be made as online payment using the payment details provided by Papaya Peach Photography.
3.3 Client(s) is required to confirm the photoshoot package before paying the booking fee. Payment of the booking fee shall be deemed acceptance of package pricing and estimate.
3.4 Booking fee (Deposit) is non-refundable (exceptions in section “CANCELLATIONS AND REFUNDS” below).
3.5 The shoot will be arranged on a date mutually agreed between the Client(s) and the photographer. This photo session date must be agreed before booking confirmation.
3.6 Newborn photo sessions should take place between 5 to 21 days from birth of baby. For newborn photoshoot booking before the baby is born, a ‘tentative photoshoot date’ will be agreed based on the due date for baby. Once the baby is born, the tentative photoshoot date will need to be re-confirmed and if necessary, then rescheduled, the re-confirmed date will be considered as final agreed photoshoot date.
4. PAYMENTS
4.1 All payments are due in pounds sterling unless expressly stated otherwise.
4.2 All payments are required to be made as online payment using the payment details provided by Papaya Peach Photography.
4.3 Full payment of all photography services provided will need to be paid in full within 24 hours from the completion of photo session. Any delay in full payment will affect the delivery period of digital images and products.
4.4 No part of any order (photoshoot package & products), will be delivered until all the outstanding payment is cleared in full.
4.5 Picture Editing process would not start until all the outstanding payment is cleared in full.
4.6 If Client(s) does not clear all the outstanding payment (for the photshoot services and order with Papaya Peach Photography) within 14 days from the session date, the agreement between the client(s) and Papaya Peach Photography will be considered cancelled and all the pictures from the session will be deleted in day15 from the session date. Once deleted, pictures cannot be recovered. Client(s) will no longer have the rights to the images taken during the session.
5. RE-SCHEDULING
5.1 There is no extra charge for moving a session if Client(s) has given at least 7 days’ notice. However, if it is under 3 days, a non-refundable extra fee of £20 as reschedule fee will apply to secure the next available photoshoot appointment.
5.2 £50 rescheduling fee will be charged if the client(s) wants to reschedule the session more than once.
5.3 If Client(s) need to reschedule for reasons of sickness, the price and package agreed at the time of booking will be honoured for 6 months (only) from the date of booking. After this time any pricing increase will be applicable, and Client(s) will need to re-confirm a new package from then available packages and pay for any price differences (if applicable).
6. CANCELLATIONS AND REFUNDS
6.1 Photographer holds complete right to cancel the photoshoot anytime.
6.2 Photographer on her discretion can decide to refund the booking deposit in cases when photoshoot is cancelled because of some reasons i.e., a bereavement at either side, photographer is unwell and unable to carry out the session, a natural disaster.
6.3 If Client(s) wish to cancel and reschedule the photo session but a new date for session could not be agreed due to any reason. The session will be cancelled, and no refunds will be made.
6.4 For newborn photoshoots, the photo session should take place between 5 to 21 days from baby’s birth. If client is unable to schedule the photoshoot in this timeframe, then Photographer holds full right to cancel the photoshoot, and no refunds will be made.
6.5 If the Client(s) doesn’t turn up on the day of photoshoot, the shoot will be considered cancelled. No refunds will be made.
6.6 In the event of uncooperative participants (adults/children) at a session of any kind for any reason, Papaya Peach Photography may not be able to capture any or all the images the Client(s) may have requested or expected. In such cases, the Client(s) will be responsible for paying full payment for the photoshoot (packages and order), and no refunds will be made.
6.7 In the event the Client(s) breach any clauses in terms & conditions, does not follow photographer’s instructions, or act in a way that does not allow photoshoot to progress smoothly, or be abusive to the photographer, the photoshoot will be terminated immediately, and images will be destroyed. Client(s) will no longer have the rights to the images taken during the session. In such cases, the Client(s) will be responsible for paying full payment for the photoshoot (packages and order), and no refunds will be made.
7. CONDUCT OF THE PHOTOSHOOT & FULLFILMENT OF OBLIGATIONS
7.1 The Client(s) is responsible for all children at all times during sessions.
7.2 For photoshoots of children (under the age of 18), a parent or guardian must be always present during the shoot.
7.3 No RAW format images will be shown to the Client(s) in any condition.
7.4 Cameras, camera phones, camcorders or any other recording equipment is not permitted during any session either in the studio or on location, and Client(s) is not allowed to take any pictures or make video recordings during the photoshoot.
7.5 Papaya Peach Photography shall not be liable to the Client(s) for any failure, in whole or in part, to fulfil its obligations where failure arises because of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, natural disaster, illness or injury.
7.6 The Client(s) understands and accepts that the photographic coverage will be as Papaya Peach Photography’s professional expertise determines. Special requests are not binding instruction, although every effort is made to comply with the Client(s)’s wishes.
Photographer will be entitled to use the 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 variances of weather, light conditions, and the willingness of subjects it may not always be possible to capture all the pictures requested, or images to the Client(s)’s full expectations.
7.7 In the unlikely event of total photographic failure or cancellation of the 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 losses.
7.8 If the Client(s) fails to read the supplied information and ‘Terms and Conditions’, and therefore fails to carry out required preparations prior to a photo session, Papaya Peach Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
7.9 In the event of uncooperative children at a session of any kind (i.e., Cake smash, Newborn, Sitter, Family photoshoots) for any reason, Papaya Peach Photography may not be able to capture any or all the images the Client(s) may have requested or expected. Or the images captured may not meet the Client(s)’s full expectations (i.e., children not smiling, children not looking into camera).
In such cases, the Client(s) will understand that children are responsibility of the client(s) and Photographer does not have any control on children not settling and cooperating for the photoshoot. Client(s) may feel disappointed but will understand that Photographer is not responsible for such disappointment.
8. CAKE AND BATH FOR CAKESMASH SESSION
8.1 Cake provided by Papaya Peach Photography are not allergen free.
8.1 If client(s) require a cake which need to be allergen free, then client(s) will need to bring their own cake. Cake price will not be discounted from the package.
8.2 If client(s) require vegan or vegetarian cake for the smash, then client(s) will need to bring their own cake. Cake price will not be discounted from the package.
8.3 It is client(s) responsibility to make Papaya Peach Photography aware if any participants are allergic to any food ingredients.
8.4 Papaya Peach Photography may offer bubble bath or milk bath to baby during Cake smash session. It is client(s)’s responsibility to make Photographer aware if they do not want a bath session or if the baby is allergic to milk, or any bubble solutions.
If baby is allergic to any bubble solutions, Client(s)’s will need to bring their own bubble solution if they wish a bath session.
9. ADD ON – PURCHASE ALL UNEDITED IMAGES FROM YOUR SESSION
9.1 If Client(s) has added in the package “ADD ON – PURCHASE ALL UNEDITED IMAGES FROM YOUR SESSION”, Papaya Peach Photography will do a selection of best unedited pictures from all the pictures from the photo session for delivering to the client(s).
Papaya Peach Photography hold complete right for this selection process. Client(s) will not be able to participate in this picture selection process.
Clients will only receive these selected unedited pictures. Client(s) will not have the rights to view the unedited pictures that Papaya Peach Photography has not selected.
9.2 Client(s) will receive the unedited images in file format JPG/JPEG and in size up to 2MB
9.3 The number of unedited images selected for delivery to client(s) will be on Photographers’ discretion and judgement. There is no guarantee that any specific number of unedited images will be delivered; however, in a session generally Photographer is able to select around 30 to 50 good unedited images.
9.4 Client(s) will not be entitled to reject the selection of unedited photographs based on style or composition.
10. SELECTION OF IMAGES FOR EDITING
10.1 Papaya Peach Photography hold complete right to select best pictures from the photo session for final editing.
10.2 If Client(s) has added in the package “ADD ON – PURCHASE ALL UNEDITED IMAGES FROM YOUR SESSION”, client(s) will have opportunity to select final images that would be edited. If client(s) choose the select the images for editing, they will need to do the selection of images for the editing only from the unedited photos selected by the photographer.
11. PHOTO EDITING
11.1 Photographer will be entitled to use the judgement regarding the style, size, cropping and artistic input in the production of edited pictures.
11.2 Be it any kind of session, photographs are retouched to enhance its beauty and sometimes manipulated based on photographers’ judgement. The editing would not include fixing or changing – broken or dirty nails, cracked or missing nail polish, grey hair, hair suckers- lose of colour, haircut, make up, jewellery, clothes, colour of clothes, wrinkles on clothes, tattoos, skin tan.
11.3 Photographer is not responsible for facial expressions like smile, eyes etc. If a client requests to change any natural feature in photos after delivery of final pictures, then Photographer may accept/reject such requests based on her judgement. If such request is accepted, there will be extra fees charged per picture where extra editing is done, and custom quote will be provided.
11.4 If Client(s) has added in the package “ADD ON – PURCHASE ALL UNEDITED IMAGES FROM YOUR SESSION”, and client(s) has decided to select the images for editing. The photo editing process will not start till client(s) has confirmed selection of all the images for the editing.
12. DELIVERY AND ACCEPTANCE OF EDITED DIGITAL IMAGES
12.1 Following completion of the shoot the Photographer will deliver the edited digital photographs to the Client(s) within agreed delivery time and in the agreed format (JPG/JPEG be Default).
The delivery time of edited images is usually 2 to 4 weeks from the date of photoshoot if client(s) is not involved in picture selection process for images to be edited.
If Client(s) has added in the package “ADD ON – PURCHASE ALL UNEDITED IMAGES FROM YOUR SESSION”, and client(s) has decided to select the images for editing. The delivery time for edited images will be 2 to 4 weeks from the date of confirmation of all selected images by client(s).
12.2 Client(s) will not be entitled to reject the final edited photographs based on style or composition.
12.3 The colours in digital images may differ across different devices. This could happen due to variety of settings and capabilities across devices. Client(s) shall not be entitled to reject the digital images based on such colour differences.
12.4 Due to digital nature of the product, once the final edited photos are delivered to client(s), no refunds of any kind will be made.
12.5 Photographer will notify the delivery of digital photos via an email to the Client(s). The photos are presumed to have been received by the Client(s) unless the Client(s) notifies Papaya Peach Photography in writing via email to [email protected] of any problems or errors within 14 days of delivery the notification email. The Client(s) will be responsible for monitoring their mailbox and checking their spam folders etc.
12.6 The delivery of digital images will be done using online gallery using a third-party service i.e. Google Drive. Client(s) consent to Papaya Peach Photography transferring the photographs to third parties for the purpose of online delivery.
12.7 From the date the edited pictures are delivered to the Client(s) and client(s) has been notified by the email, Papaya Peach Photography will keep the online gallery open for 30 days. After that Papaya Peach Photography will delete the picture gallery without any notice.
12.8 The Client(s) shall ensure to take appropriate steps to keep safe an exact digital copy of all material supplied for the duration of the Usage Licence. The Photographer will not be responsible for archiving any material unless by prior written agreement with the Client(s).
13. DELIVERY AND RETURNS OF PHOTO PRINTS AND OTHER PHYSICAL PRODUCTS
13.1 Client(s) consent to Papaya Peach Photography transferring the photographs to third parties for the purpose of printing and for creation of ordered products.
13.2 Depending on print or canvas size requested, some cropping of an image may occur. The photographer will use their professional judgement to crop the image as required. Client(s) shall not be entitled to reject the printed products based on cropping.
13.3 Any prints or products ordered will be ready for collect from Papaya Peach Photography at a date mutually agreed.
13.4 Printed products must be collected within two months from the date Papaya Peach Photography informs Client(s) that product is ready for collection, using any communication method i.e. email. If client fail to collect the product within this time, it will be destroyed without any possibility to reprint. New order will have to be placed accordingly with additional charges.
13.5 The colours in printed images may differ on various products and may be different from digital images. This could happen due to variety of reasons i.e., differences in devices, materials, and printing systems. Client(s) shall not be entitled to reject the printed products based on such colour differences.
13.6 Papaya Peach Photography will not be liable for print quality, cropping or colouring of any photos or products not printed directly through us.
13.7 Papaya Peach Photography will not be responsible for any pen-drive malfunction, faded prints after a time or a malfunction of any other product.
14. COPYRIGHT & IMAGE USE
14.1 Rachana Yadav is the rightful copyright owner of the digital content (all photographic or other images) taken during the photo sessions. Rachana Yadav holds right to store images from session, as her property, in any format and size as long as she wishes.
14.2 The Client(s) gives consent to the unrestricted use by Rachana Yadav , (“Photographer”), and her successors, and those acting with her permission and authority, of any and all photographic or other images of the Client(s) (including any Client(s)s guest and all participants in photoshoot) that Photographer creates/created for portfolio purposes, in any form, and in any and all media, including without limitation, advertising, Facebook, Instagram, Google, blog, video or website, photographic contests.
14.3 Rachana Yadav holds the rights to transfer copyright of any or all digital property that she holds to whomever she wishes to.
14.4 It is illegal to attempt to download or to attempt to remove a watermark from any image taken and posted online by Papaya Peach Photography, for any reason, without written permission of Papaya Peach Photography. Should an image online be saved via any means and used elsewhere without the written permission of the Photographer, whether the watermark has been removed or not, a copyright infringement fee of £800 per image will be applied (to the party violating the copyright) to avoid court action, and must be paid within 28 days, and the images should be deleted immediately.
14.5 In an event of copyright violation for any digital property belonging to Rachana Yadav , a copyright infringement fee of £800 per image will be applied (to the party violating the copyright) to avoid court action, and a corrective action must be taken within 28 days.
15. IMAGE LICENSING & REPRODUCTION RIGHTS TO CLIENT
15.1 The images that are being provided to the Client(s) are licensed for any reasonable “personal purposes”, including but not limited to printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain to you or to any third party, including but not limited to advertising, stock photography, print sales profits, or resale of any nature.
15.2 Papaya Peach Photography authorizes the Client(s) the right to reproduce the images and make an unlimited number of prints for personal use only. The images may be printed but not altered or edited in any way other than by the photographer and alterations are a violation of the copyright. These images are not to be sold or given to any third parties without prior written consent from Papaya Peach Photography.
15.3 In the event of unauthorised reproduction by Client(s), the Client(s) shall pay by way of liquidated damages to Papaya Peach Photography an unauthorised use fee of £800 per image or double the standard reproduction fee for the use concerned, whichever is the greater.
16. INDEMNITY
16.1 The Client(s) will fully indemnify Papaya Peach Photography against any unauthorised reproduction of a picture submitted to the Client(s) made by any third party because of or arising out of any breach by the Client(s) of any of these terms and conditions (including but not by way of limitation the Client(s) allowing a picture or a copy thereof to come into the possession of a third party without Papaya Peach Photography’s prior written consent).
16.2 The Client(s) undertakes not to Prosecute or to institute proceedings and discharge the Photographer and those acting under his/her authority from any and all liabilities, claims and demands arising out of or relating to any editing or alteration, whether intentional or otherwise, that may occur or be produced in connection with Images, or in connection with any processing, alteration, transmission, display, publication and any other use of Images. Client(s) hereby waives any right to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied.
16.3 For Cake Smash Photoshoot, it is the Client(s)’s responsibility to inform Papaya Peach Photography of any food allergies or intolerances the Client(s)’s baby has prior to ordering the cake. Papaya Peach Photography will not be held liable for any adverse effect or illness the baby may suffer because of an allergy if the Client(s) fails to inform. By signing this agreement, the Client(s) waives all rights to pursue any legal action against Papaya Peach Photography if any illness results due to lack of information given to Papaya Peach Photography by the Client(s).
16.4 For maternity photoshoot, it is the Client(s)’s responsibility to inform Papaya Peach Photography of any pregnancy-related conditions which may cause discomfort during the session. By signing this agreement, the Client(s) waives all rights to pursue any legal action against Papaya Peach Photography if any illness results due to lack of information given to Papaya Peach Photography by the Client(s).
16.5 Photographer and those acting under his/her authority would not be held responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
16.6 The Client(s) undertakes not to Prosecute or to institute proceedings and discharge the Photographer and those acting under his/her authority from any and all liabilities, claims and demands arising out of or relating to any Client(s) data breach that take place at any services including 3rd party services used by Papaya Peach Photography.
17. DATA
17.1 Papaya Peach Photography will be the ‘Controller’ of the personal data provided by client.
17.2 Papaya Peach Photography collect basic personal data of people participating in a photo session, including names & age, address, email, telephone number, ip address. The data is collected using this contract form and/or other communication mediums i.e., email, telephone.
This data is needed to provide you with photography services in accordance with our contract.
17.3 This contract is a legally binding document and all the information including ip address & consent submitted/collected as part of this form will be used for legal purposes when required. The names, addresses, email, and phone details will be used for communication (physical and/or digital) whenever and wherever required for legal purposes.
17.4 Papaya Peach Photography uses online service provided by jotform to collect and store data submitted in this form. Jotform would store the data in their Europe datacentre in Europe (Germany).
No other 3rd parties have access to the personal data submitted in this form unless the law or our contract with you, allows them to do so.
17.5 Papaya Peach Photography uses both local storage drives and 3rd party cloud services i.e., Google Drive, MEGA, pCloud, iCloud, Onedrive, Dropbox to store photographs from the session. The cloud service providers may use data centres outside Europe for data storage and for provisioning of cloud services.
17.6 The data on papayapeach.com is stored on servers provided by Web hosting company used for hosting the website. These servers maybe located outside Europe.
17.7 Section 14 details the information on Image storage and use.
17.8 Papaya Peach Photography use 3rd party services for providing estimates, invoices, bills, receipts etc. for Photography services to Client(s). Some of the Client(s) personal details i.e., names, email, addresses are used and stored on these services.
17.9 Client(s) has rights to request any information Papaya Peach Photography holds about Client(s) by contacting at this email address: [email protected]
17.10 Any information the Papaya Peach Photography holds, which is not required for business tax & legal purposes (i.e., this signed agreement, invoices, receipts) and which is not Photographer’s property (i.e., Copyright digital images from session), about Client(s) can be corrected or erased from storage & services (wherever possible) upon request from Client(s).
17.11 Client(s) has option to request that the images from session are not used for display purposes on different media & services. Such requests should be made to Photographer before the session. However if such request is made after the completion of the photo session, it must be noted that in some situation it may not be possible to retrieve and/or remove some images retrospectively including but not limited to scenarios like – photos that has already been used on advertising materials such as leaflets etc. which has been distributed or published, photos submitted for photography contests & galleries, photos held by any 3rd parties used for providing the service to client(s).
18. DECLARATION
I hereby warrant that I am of age 18 or above and have the right to contract in my own name.
I have read this document in its entirety, and I fully understand the contents of this document.
I have provided all correct information while submitting & signing this document.
I have right and consent to sign the contract on behalf of all people (adult and children) who all be participating in the photoshoot.
