‘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 as set out in the Estimate.
Terms “Photographs”, “Photos”, “Pictures”, “Images” 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. ESTIMATES AND PRICING
2.1 All prices 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).
2.3 No part of any order, will be delivered until the balance is paid in full.
3. BOOKING AND PAYMENTS
3.1 The booking fee of £75 (online payment only) is due in full by the Client(s) at the time of booking in order to secure the appointment for photoshoot. The Photographer will not hold and reserve any dates without booking fee payment.
3.2 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.
3.3 Photoshoot package payment would need to be paid in full (online payment) within 24 hours from the completion of photo session. Any delay in payment of fees payable will affect the delivery period.
3.4 The shoot will be arranged on date mutually agreed between the Client(s) and the photographer. If a photoshoot date is not agreed as ‘tentative’ then it will be considered as ‘fully agreed’.
3.5 Newborn photoshoot 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 ‘fully agreed’ shoot date.
3.6 For newborn photoshoot, If you are still pregnant eight days before your booked session, please contact Papaya Peach Photography as you will need to allow time for your hospital stay. If you give birth earlier than your due date, please contact Papaya Peach Photography as soon as possible to move the session date and/or time, if required.
3.7 Maternity photoshoot sessions must take place between 30 to 36 weeks and no later due to the increased likelihood of labour and birth occurring.
3.8 All payments are due in pounds sterling unless expressly stated otherwise.
4. RE-SCHEDULING, CANCELLATIONS AND REFUNDS
4.1 For all photoshoots, once a photoshoot date is mutually and fully agreed as in clause 3.5 (except tentative date for newborn photoshoot when booked before baby is born) points under Clauses 4 will be applied for re-scheduling and cancellations.
4.2 Booking fee is non-refundable if cancellation of shoot is requested by the Client(s).
4.3 A Client(s) can reschedule a booking maximum 1 time. After that the booking will be cancelled by photographer. There will be no refund for booking fee and/or reschedule fee.
4.4 There is no extra charge for moving a session if Client(s) has given at least 3 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. The new date agreed for photoshoot after rescheduling will be considered as new ‘fully agreed’ shoot date.
4.5 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 the package and price and pay.
4.6 Photographer holds complete right to cancel the photoshoot anytime. In the event the Photographer cancels the booking due to any reason (excluding clause 4.3, 4.7, 4.8, 4.9, 4.10), there will be a full refund for booking fee and/or reschedule fee.
4.7 For newborn photoshoots, the shoot 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 retain the booking fee.
4.8 If the Client(s) doesn’t turn up on the day of photoshoot, the shoot will be considered cancelled and booking fee and/or reschedule fee will not be refunded.
4.9 In the event of uncooperative children at a session of any kind (i.e. newborn photoshoot, sitter photoshoot etc.) 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 charged ‘Full Package fee’, and no refunds will be made.
4.10 In the event the Client(s) breach any clauses in terms & conditions, does not follow photographers 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. No refunds will be issued, and the Client(s) will be charged full package fee.
5. CONDUCT OF THE SHOOT
5.1 The Client(s) is responsible for all children at all times during sessions.
5.2. No unedited or raw images will be shown to the Client(s) in any condition.
5.3. Papaya Peach Photography hold complete right to choose best pictures to edit for Client(s).
5.4 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 during the photoshoot.
5.5 For photoshoots of children (under the age of 18), a parent or guardian must be present at all times during the shoot.
6. ACCEPTANCE AND DELIVERY
6.1 Following completion of the shoot the Photographer will deliver the edited digital photographs to the Client(s) within agreed delivery time (usually 2 to 4 weeks) and in the agreed format (JPG/JPEG be Default).
6.2 Any prints or products ordered will be ready for pick-up or drop off at a date mutually agreed.
6.3 Unless expressly agreed in writing between the Parties, the Client(s) shall not be entitled to reject the photographs on the basis of style or composition. Photographer shall 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. In the event of uncooperative children at a session of any kind (i.e. newborn photoshoot, sitter photoshoot, cake smash etc.) 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.
6.4 Be it any kind of session, photographs are retouched to enhance its beauty and sometimes manipulated based on photographers jusgement. 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 that would cost extra fees per picture and custom quote will be provided.
6.5 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 receipt of delivery notification email.
6.6 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 copyright has been removed or not, a copyright infringement fee of £800 per image will be applied to avoid court action, and must be paid within 28 days, and the images should be deleted immediately.
6.7 Client(s) consent to Papaya Peach Photography transferring the photographs to third parties for the purpose of printing and for creation of ordered products.
6.8 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 on the basis of cropping.
6.9 The colours in digital images may differ across different devices, and colours in printed images on various products may be different from digital images. This could happen due to variety of settings across devices and printing systems. Client(s) shall not be entitled to reject the printed products on the basis of such colour differences.
7.FULFILLMENT OF OBLIGATIONS
7.1.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 as a result 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.
7.2. 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.
7.3. 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.
7.4. 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.
8. STORAGE OF MATERIAL
8.1 From the date pictures are delivered to Client(s), Papaya Peach Photography will retain pictures for one month. After that Papaya Peach Photography may delete all the pictures without any notice.
8.2 The Client(s) shall ensure that it takes 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).
8.3 Papaya Peach Photography will not be responsible for any pen-drive malfunction, faded prints after a time or a malfunction of any other product.
9. COPYRIGHT, LICENCING & REPRODUCTION
9.1 Papaya Peach Photography is the rightful copyright owner of the digital images taken during your sessions.
9.2 Papaya Peach Photography authorizes the owner 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.
9.3 Papaya Peach Photography is not liable for print quality, cropping or colouring of any photos not printed directly through us.
9.4 In the event of unauthorised reproduction, 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.
9.5 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.
10. INDEMNITY
10.1 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 as a result 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).
10.2 The Client(s) undertake 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 waive 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.
10.3 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 as a result 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).
10.4 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).
10.5 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.
11. IMAGE USE
11.1 The Client(s) gives consent to the unrestricted use by Rachana Yadav {Papaya Peach Photography}, (“Photographer”), and her successors, assigns, designees, and those acting with her permission and authority, of any and all photographic or other images, (“Images”), of the Client(s) (including any Client(s)s guest and all participants in photoshoot) that Photographer creates/created and makes/made 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, to copyright therewith if Photographer so chooses
12. DATA
12.1 Papaya Peach Photography will be the ‘Controller’ of the personal data provided by client. We collect basic personal data including name, address, email and telephone number.
We need your basic personal data in order to provide you with information about photography services in accordance with our contract. We will not collect any personal data from you that we do not need in order to provide and oversee this service to you.
All the personal data we hold is processed in the UK however for the purposes of IT hosting and maintenance this information can be located on servers outside the United Kingdom.
No 3rd parties have access to your personal data unless the law or our contract with you, allows them to do so.
13. CLIENT RIGHTS
13.1 Client(s) has rights to request any information Papaya Peach Photography holds about Photograph , and any information the Business holds about Client(s) be accessed, corrected or erased from any current or future materials and internal databases by contacting at this email address: [email protected]. However, it must be noted that information that has already been used on advertising materials such as leaflets etc. which has been distributed or published, can not always be retrieved and/or removed retrospectively.
14. DECLARATION
I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document.
