It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both Samphire Photography and the Client, in writing.
Any bookings fees due are required at the time of booking in order to reserve the appointment unless otherwise confirmed by Samphire Photography. Payment may be paid by cash or cheque. Please make cheques payable to Samphire Photography Ltd.
Payment for all items ordered must be made on collection; a full price list is available on our website.
Samphire Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. Samphire Photography’s judgment on photographic style and the number of photographs taken shall be deemed correct. Some photographs may not be possible due to changes of the weather and the availability and willingness of subjects. Samphire Photography will make every effort to undertake requested photographs but are unable to guarantee that specific pictures, backgrounds, locations or group arrangements will be achievable.
It is the responsibility of the client to inform the photographer of any allergies upon booking. 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, egg product, gluten and dairy, cross contamination is a possibility.
Therefore we are unable to provide any cakes to meet specific dietary requirements and in such cases parents will need to provide their own cake for the session.
IMAGES AND COLOUR MATCHING
Retouching of images will be at the discretion of Samphire Photography. Basic retouches are included in the package price. However, if the client requests particularly detailed digital manipulation of images, beyond that of basic enhancement of presentation, a charge maybe incurred. This will be agreed in writing prior to any work commencing.
Samphire Photography is unable to guarantee an absolute colour match due to light reflection on certain materials. However, all images will be colour balanced to ensure a ‘close as possible’ match.
The 1998 Copyright, Designs, and Patents Act assigns copyright to Samphire Photography. You may not copy the photographs taken under this contact, or allow copies to be made photographically, electronically, or by any other means, without the written permission of Samphire Photography. Images may be used in all forms and media for advertising purposes of Samphire Photography only. If you would prefer your images not to be used for this purpose then please notify Samphire Photography in writing.
All digital files are the property of Samphire Photography. Where a high resolution CD or memory stick is purchased after a portrait session, Samphire Photography gives permission for the Client to use the images freely for non-commercial purposes. However, ownership of the images remains with Samphire Photography.
Images are initially uploaded to an online gallery for up to a month after which time if no orders are placed Samphire Photography cannot be held responsible for any damage/loss of files in the case of a digital disaster. Images from each portrait session will be digitally stored for up to 1 year, after which time Samphire Photography will delete all relevant files from its database. The client will be informed in writing before this takes place. Samphire Photography cannot be held accountable if the client cannot be reached using the contact details supplied. Requests to delete files before this time need to be made in writing.
In the unlikely event of total photographic failure, injury or sickness beyond Samphire Photography’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. Samphire Photography has full Public Liability and Professional Indemnity Insurance.
If Samphire Photography has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. 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.
Should the cancelled appointment turn out to be a postponement, then, subject to Samphire Photography’s availability, all monies paid may be applied to the new appointment. If, following a postponement by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by Samphire Photography.
POSTPONEMENT DUE TO ADVERSE WEATHER
If the appointment has to be cancelled by Samphire Photography due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.
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,.
WAIVER OF LIABILITY RELEASE
By agreeing to a photography session with Samphire Photography, I am hereby waiving, releasing, and discharging Samphire Photography and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. Samphire Photography is not 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. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Clare Newman and Samphire Photography for any reason.
Any complaints should be raised by the client with the photographer/s, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images. We will endeavour to respond to any complaint within 7 working days of receipt.
Samphire Photography may use your information to advise you of services and special promotions, but your information will not be passed on to any third parties. Should you wish to have your details removed from this database, please advise us in writing.
Samphire Photography Limited.
Fairview, Littleworth Lane, Littleworth, West Sussex, RH13 8JF
Tel. 01403 710483
Registered in England : 9537477