Terms and Conditions - chrysalisphotography

Terms and Conditions

It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Chrysalis Photography Ltd (also called “the Photographer” or “the Photographers”) in writing.


Attendance

In the unlikely event of the assigned Photographer being unable to attend your sitting due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your sitting on our behalf to undertake the photography to his/her best ability.

Booking Fee or Deposit

The Booking fee secures the time and services of the Photographer for the sitting and is non- refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sittings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.

Cancellation Policy

Up to one month before photo shoot – Upon receiving a cancellation notice in writing Chrysalis Photography will reimburse any monies paid in full. Less than one month before photo shoot – If cancelling your contract less than one month prior to the date of the photo shoot all monies paid will be retained by Chrysalis Photography Ltd.

Photographs

All photograph sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Chrysalis Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Chrysalis Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Chrysalis Photography in writing of any discrepancy or error within 7 days of receipt.

Retouching

All images will be adjusted for skin blemishes, exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.

Digital Files

All digital files remain the property of The Photographer/s Copyright.

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.

Value Of Prints Included Within Package

The value of prints, or other items, included within the agreed price is only redeemable as a discount against those items at the prices listed by the Photographer and ordered by the Client within three months of the sitting date. At no time will this value be transferable for a cash alternative. Any monies over and above the value of discount are to be paid at the time of order.

Payments

No photographs will be delivered until all payments due have been paid in full. Payment for images and albums is to be made when they are ordered. Images will not be ordered until payments are made in full. Once an order has been placed, we will not offer a refund.  All prices are subject to the then current rate of V.A.T. (if applicable).

Vouchers

Only one voucher or offer can be used per session or against products arising from that session. Complimentary images: Any complimentary images included as part of a competition prize or gift voucher will only be given to the customer after all sessions have been attended including both photo shoot & viewing sessions. Failure to attend either shoot or viewing session without prior notice will result in forfeiture of any complimentary gift and loss of any deposit paid. Failure to attend  just your viewing session will also result in forfeiture of any complimentary image and any deposit paid. Complimentary gifts will not be chosen by Chrysalis Photography on your behalf and images can not be put online for viewing.

Refund Policy

We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.

Display

The Photographer reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with Chrysalis Photography. All competition entries agree to Chrysalis Photography using their images for advertising and other associated events. 

Storage of Images

Original digital images are kept on an active file for three months, after which time they will be subject to deletion without notice unless expressly stated otherwise by the Photographer.

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. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect. The Photographers shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Neither party shall be liable for indirect or consequential loss. Force Majeure Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographers owing to any cause beyond their control (eg acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid. The Client may not (either personally or via a third party) alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture.

Complaints

Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Licence

The Photographers shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.

Governing Law-  This agreement shall be governed in accordance with the laws of England and Wales. The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Mobile Phones

Customers are not allowed at any time, to take images on their mobile phones during the photoshoot. Nor take images at the viewing session, on any mobile device. 

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