Terms & Conditions

Note – For the purpose of this document Carla Tier Photography shall be referred to as CTP. The visitor to the site or the individual (whether representing an organisation or not) who places the order shall be referred to as the Client.


1) APPLICABLE LAW


a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.

b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.


2) BOOKINGS AND BOOKING FEES


a) By paying your booking fee you have acknowledged and accepted everything written out in these T&C’s.

b) Upon the booking fee or full payment, the Photographer shall reserve the time and date agreed upon.

c) When booking, a booking fee (variable by your chosen package) is to be paid within 48 hours to secure and hold the date.  Booking fees are non-refundable unless the session is cancelled by CTP. The remaining balance is due on the day of or before your session, whichever The Client prefers.  In the event of the client needing to cancel, the fee can be transferred to another date if CBT has an alternative date available.


3) FULFILMENT OF OBLIGATIONS


a) CTP shall not be liable to the Client 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, illness or injury.

b) CTP shall be entitled to use its 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 vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of uncooperative children at a session of any kind, for any reason, CTP may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.

c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances 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.

d) If the Client fails to read the supplied booking confirmation email and arrives for their shoot on the incorrect date, CBT will not be responsible for any charges incurred by the Client and the Client will not be entitled to a refund.

e) If Client is more than 30 minutes late for a session without communication the session is cancelled, and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.


4) SICKNESS


a) In the event of any sickness prior to the session, The Client agrees to make every effort they can to inform CTP no later than 3 hours prior to the start time of your session.  The session can then be transferred to a new date within 2 weeks for a newborn and 4 weeks for other sessions which will be at the convenience of both parties. If The Client fails to to reschedule within this time frame, CTP reserves the right to cancel the booking with all payments being made non-refundable. 


5) IMAGE PRODUCTION AND HANDLING


a) CBT fully edits all images before presenting to Client. Additional edits are carried out at the discretion of CTP, and CTP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.

b) Clients receive high resolution edited jpg images. Raw files are never provided to the client.

c) If the Client does not view or purchase images within three months of the session without arrangement, CTP will assume they are not wanted and will delete all files.

d) If the Client loses or damages his or her digital images, CTP will not by liable for such loss or damage and will not replace lost or damaged files. It is highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client remain the property of CTP and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, colour/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics, and deleting objects/persons/graphics.


6) PREVIEWS/PROOFS


a) Although CTP will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.

b) Preview images are chosen at the discretion of Carla Tier Photography.


7) IMAGES ONLINE


It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by CTP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of CTP, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action and must be paid within 28 days.


8) ONLINE GALLERIES


a) Online galleries will be live for a period of 7 days. All orders must be decided during this time. After this time, it can be reinstated at a cost of £10. 


9)  CAKE SMASH SESSIONS


It is the responsibility of the client to inform the photographer of any allergies upon booking. The photographer will not be held liable if 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.  By agreeing to these terms, you waive all rights to sue CTP if any illness results due to lack of information given to CTP by the client.


10) USE OF PICTURES


CTP retains the right in all cases to use the pictures for promotional purposes on www.carlatierphotography.co.uk, on social networking sites for Carla Tier Photography including but not limited to Facebook and Instagram, within portfolios, literature, display areas, competitions and advertising. If you not not wish this to be the case, please let Carla Tier Photography know prior to the photoshoot.


11) COPYRIGHT & REPRODUCTION


a) Copyright is always retained by CTP throughout the world. No image can be copied, scanned, or reproduced in any form whatsoever without the prior consent of CTP. This includes saving, screen grabbing and downloading from Facebook or other social media.

b) The Client may not alter or add to or manipulate a picture by means of computer software or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without CTP's written permission.

c) Permission to reproduce a picture is granted to the Client by CTP only when a fee for the reproduction has been agreed with CTP and an invoice has been issued by CTP and paid in full by the Client to CTP.

d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to CTP an unauthorised use fee of £1000 per image or double the standard reproduction fee for the use concerned, whichever is the greater.

e) The right to reproduce a picture granted by CTP is personal to the Client and may not be assigned to any third party without CTP's prior written consent.

f) The Client will fully indemnify CTP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of, or arising out of, any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without CTP's prior written consent).


12) IDENTIFICATION


While CTP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client, or any third party caused by any errors.


13) CAMERA POLICY


Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of CTP.


14) PRIVACY POLICY


CTP will never share, or allow to be accessed or distribute any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems. FOR FULL PRIVACY POLICY STATEMENT SEE HERE.



15) IMAGE VIEWING & PRINTING


All images produced by CTP re done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by CTP. CTP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors.


16) PRICES


All prices are subject to change without notice by CTP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.


17) RECEIPT OF PICTURES


The pictures are presumed to have been received in good condition unless the Client notifies CTP in writing of any discrepancy or error within 14 days of receipt.


18) RETURNS POLICY


a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.

b) Due to the digital nature of the product, digital images cannot be returned. 


19) STORAGE OF DIGITAL FILES


a) After 3 months from your session date CTP will no longer be responsible for storing your image files. 


20) MODELS CALLS


a) Models are used specifically for training purposes, therefore props, and set ups are beyond the control of the parents. CTP will use whatever props are required for that training session.

b) The Client agrees that all and any images and videos taken on the training day can be used for online or printed promotions by CTP.



21) GIFT VOUCHERS



a) Gift vouchers purchased from CTP are only valid for 12 months from date of purchase.

b) Gift vouchers cannot be exchanged for cash and are non-transferable.  No refunds will be given.