General terms and conditions of our photographic services

GENERAL PHOTOGRAPHY AGREEMENT

Photography sessions are between the photographer and the clients as detailed in your contract 

Photographer: Robert Young First Moments Photography

Registered Address: 6 Bevan Lee Road Cannock Staffordshire WS114PS

Contact Phone Number: 01543 575995

Contact Email Address: rob@firstmomentsphotography.co.uk

When attending a photo shoot at our home address, although every effort has been made to make the studio area as safe as possible, it is your responsibility entirely as the responsible adult for the health and safety of the child/children at all times throughout the session. FIRST MOMENTS PHOTOGRAPHY cannot be held responsible for any injury, loss, or damage to people, items, or belongings during your session.

Children must be supervised by an adult at all times.

Pets at the property

Please note that a cat and dog live in our property. However, they will not be permitted into the studio area throughout the session. Please notify us of pet allergies prior to booking. If necessary, arrangements can be made to conduct the session in a different location or at the client’s home.

If we are attending your property, please ensure all free-roaming pets are removed from the designated studio area/room.

I only use professional cameras and studio equipment for the purposes of professional photography. I will make every effort to produce a number of images for you which may include a variety of poses and outfit changes. First Moments will produce high-quality images from all useable photographs during every session. Several factors can (and do) limit the number of suitable images. Examples are but not limited to:

An uncooperative model, unsettled child/children

- Insufficient space (if at client’s home)

- Distractions

- An emergency requiring the client to leave early

In the event of this unlikely occurrence, every effort will be made to re-schedule a session at a later date.

1. Agreement

This agreement constitutes the entire agreement between us and supersedes all previous agreements (written or oral) between us in relation to its subject matter.

Each party acknowledges that in entering into this agreement it has not relied on and shall have no right to remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.

2. Agreement Summary

I am responsible for providing you with the photographic service and products detailed in section 3 (The Coverage). You undertake to engage me in this coverage for the price detailed in section 4.

3. The Coverage

Coverage will be provided by me as agreed prior to the contract being read and signed

Your order will include an agreed package or specific photography request.

4. Payment Arrangements

You will pay an agreed fee for the photography package subject to the following terms:

• A booking fee of 50% is necessary to secure the date and is payable on the execution of this agreement. The booking fee is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by me due to cancellation.
• Cancellation less than 24  hours before the date of the session will require payment in full. All cancellations must be received in writing. The cancellation conditions above will apply for postponed sessions if we are not able to re-schedule for the new date and time. The fee for the postponed session is subject to change.
• The remaining fee of 50% for the session must be paid no later than 24 Hours if paying electronically or cash on arrival at the session. I must be notified prior to the session if cash is to be the preferred method of payment.
• Any additional payments for albums and other services are to be made when that order is placed.
• A fee is only considered paid once it has cleared.

5. Copyright

The entire copyright in the photographs is retained by FIRST MOMENTS PHOTOGRAPHY at all times throughout the world. FIRST MOMENTS PHOTOGRAPHY retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting work or for any other use. The images whether printed or shared must not be altered in any manner without my express prior permission. This includes but is not limited to: cropping the image, applying Instagram or social media filters, editing with 3rd party image editing applications, or processors. Without obtaining prior permission from First Moments Photography, you may be liable to copyright legal proceedings.

On receipt of the total fee I grant you permission to print and display online the photographs I provide you with. This permission is limited to personal (not commercial) use only.

6. Image Size, Colour, Style, Composition, and Specific Requirements

All image sizes are approximate. I will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record the exact colour as seen by the human eye. I will perform limited retouching of the images. Any retouching you request beyond what is initially provided will incur an additional charge.

You understand that there are technical limitations to photographing in low light and without enough space. You, therefore, agree to accept the results of their imposition on me in environments that suffer such limitations. I do not guarantee any specific picture nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret your wishes. I cannot guarantee the supply of any specific photograph requested. I retain creative control over the photography produced, edited, and supplied. As photography is a subjective art, you agree that not all images I provide may be to your liking and that not every image I attempt to capture will be successful. You have no right to reject on the basis of style or composition. The images I select for editing and delivery are a consequence of my high standards. I will provide high resolution processed JPEG files suitable for printing to you. The digital RAW (unprocessed) and XMP (processing detail) files will not be provided.

7. Archival Release

Once all products within the Session Collection stated in section 3 have been delivered, I am under no obligation to retain the digital image files.

8. Attendance

In the unlikely event that I am unable to complete the session due to unforeseen circumstances (such as but not limited to, illness or inclement weather), I reserve the right to cancel and reschedule. FIRST MOMENTS PHOTOGRAPHY will be the sole professional photographer at the session specified.

9. Privacy/Model Release

I will store your name, address, and other details on a private database. These details will not be made available to other individuals or companies. If you want your details removed from the database, you will need to advise me in writing.

By signing this contract, you agree that the subject of the portrait (child, pet, family members, etc) is defined as a model.

By signing this model release, you hereby grant the Photographer the right to use all images without restriction for advertising, portfolios, and other lawful purposes. The Client waives the right to inspect any images produced using the images from the events in this contract, and the right to restrict the use of the images from the listed events by the Photographer.

10. Receipt of Goods/Complaints

I must be notified in writing within two weeks of receipt of your order in the case of error, shortage, or damage. Mistakes outside of this period cannot be rectified.

11. Indemnity

You agree to indemnify me against all expenses, damages, claims, and legal costs arising out of any failure to obtain any clearances in respect of third-party copyright works, trademarks, designs, or other intellectual property.

I shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the photoshoot. In all other cases you shall be responsible for obtaining such clearances and will indemnify me, FIRST MOMENTS PHOTOGRAPHY against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.

12. Limitation of Liability

The performance of this agreement on behalf of FIRST MOMENTS PHOTOGRAPHY shall be contingent upon acts of God, epidemic/pandemic, flood, fire, warfare, government laws regulations, electrical failure, strikes by suppliers, and/or conditions beyond FIRST MOMENTS PHOTOGRAPHY’s control.

In the unlikely event of total photographic failure or cancellation of this 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 loss.

13. Severability

If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this agreement shall remain in full force and effect.

14. Jurisdiction

This shall be governed by and construed in accordance with English law, and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.