Terms and Conditions
Note – For the purpose of this document Blue Photo by Gabriela – maternity, newborn & portrait photography shall be referred to as Blue Photo. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1. Applicable Law
1.1. The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
1.2. 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.
If there is anything that you do not understand or need further clarifications on, please feel free to email me at firstname.lastname@example.org.
3. Booking fee and prices
3.1. By booking with Blue Photo you agreed to abide by the terms and conditions as well as you accept Blue Photo style of work, frames and image processing, which is not subject to change.
3.2. The booking fee is due upon booking and secure your space and current pricing.
3.3. The remaining balance (chosen package) is due on the day of the session.
3.4. If the remaining balance is not paid within the 7 days from the session day, the agreement between the client and Blue Photo is cancelled and the images are deleted. The client will no longer have the rights to the images taken during the session.
3.5. The session fee is not refundable when you give up the session.
3.6. All prices are subject to change without notice by Blue Photo. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
4. Images online
4.1. It is illegal to attempt to download or to attempt to remove a watermark from, any image that was taken and posted online by Blue Photo for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of Blue Photo, whether the copyright has been removed or not, a copyright infringement fee of £500 per image will be applied to avoid court action and must be paid within 28 days.
5. Client Confidentiality
5.1. Blue Photo will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Blue Photo to carry out their obligations in relation to the low.
5.2. Images will be kept for a three month period from the date of the session at the discretion of Blue Photo. After that time images will be deleted.
6.1. Blue Photo does not intend to solicit or collect personal information from anyone under the age of 18 without parental consent. If you are under 18, you shall not use or enter information on this site, including without limitation, any Interactive Areas of the site without parental consent. Please contact Blue Photo, to obtain the necessary parental consent forms.
6.2. The Client is responsible for all children at all sessions.
7. Fulfilment of obligations
7.1. Blue Photo shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where the 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, illness or injury.
7.2. The Client understands and accepts that the photographic coverage will be as Blue Photo’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
7.3. 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.
7.4. If the Client fails to read the Terms and Conditions, and therefore fails to carry out required preparations prior to a newborn session, Blue Photo will not be held responsible for any resulting reductions in quality or quantity of images supplied.
7.5. If the Client is more than 30 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook.
8.1. Blue Photo will edit the images selected by the Client up to the standard with creativity and artistic vision, in Blue Photo style, only small skin imperfections will be removed.
8.2. Additional edits are carried out at the discretion of Blue Photo reserves the right to charge the Client for additional editing to cover the time involved, at a rate shown in the pricing. Any additional edit requests MUST be raised by the Client at the proofing stage. Requests not raised at the proofing stage will not be considered once products have been ordered. The turnaround time for the proof gallery is currently 4 weeks.
8.3. There is no possibility to provide all no edited, RAW format images for Client
9.1. Blue Photo is not liable for the print quality, cropping or colouring of any photos not printed directly through my professional lab. Photo quality is only guaranteed through photos purchased directly through Blue Photo.
10. Return Policy
10.1. Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
10.2. Faulty items should be posted to Blue Photo as a sign for. The Client is responsible for any costs associated with return postage.
10.3. Returns will not be considered for incorrectly ordered items or items ordered in error.
10.4. No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.