1. APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These terms 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 permitted by the client and in the absence of any contrary agreement in writing these terms and conditions shall prevail.
2. BOOKING FEE
a) By booking a session with Lauren Marie Photography you entered into a contact and have therefore agreed to abide by the terms and conditions.
b) Booking fees are non refundable except in the event that Lauren Marie Photography cancels the booking.
3. IMAGES ONLINE
a) It is illegal to attempt to download, or attempt to remove a watermark from, any image posted online by Lauren Marie Photography for any reason. Should an image online be saved via any means, and used elsewhere without written permission from Lauren Marie Photography, whether 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.
4. FULFILLMENT OF OBLIGATIONS
a) Lauren Marie Photography shall not be liable to the client for any failure, in whole or in part, to fulfil its obligations where failure aries 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.
b) The client understands and accepts that the photographic coverage will be as Lauren Marie Photography’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the clients wishes.
c) In the unlikely event of total photographic failure or cancellation of contact 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) Lauren Marie Photography will hold no liability in the event that the content and/or presentation of the images are not satisfactory to the taste of the client.
5. IMAGE PRODUCTION AND HANDLING
a) Lauren Marie Photography shall be entitled to use its judgment regarding the style and artistic input in the production of images. This includes but is not limited to poses, location 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 images requested or images to the clients full expectations. In the event of uncooperative children at the session of any kind, for any reason, Lauren Marie Photography may not be able to capture any or all of the images the client has requested or expected. The client is responsible for all children at all sessions.
6. COPYRIGHT AND REPRODUCTION
a) Copyright is retained by Lauren Marie Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without prior consent from Lauren Marie Photography. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The client may not alter or add to or manipulate by means of computer or any other technique or reproduce an image in whole or in part as an element within, or as a montage with, another image without Lauren Marie Photographys permission.
c) Permission to reproduce an image is granted to the client by Lauren Marie Photography only when a fee for the reproduction has been agreed with Lauren Marie Photography and an invoice has been issued by Lauren Marie Photography and paid in full by the client.
d) In the event of an unauthorised reproduction, the client shall pay by way of liquidated damages to LMP an unauthorised usage fee of £1000 per image.
7. RECEIPT OF IMAGES
The images are presumed to be received in good condition unless the client notifies Lauren Marie Photography in writing of any discrepancies or error within 14 days of receipt.
8. USE OF IMAGES
Lauren Marie Photography retains the right in all cases to use the images in any matter at any time throughout the world for the purposes of sales, advertising or promoting of its work. Lauren Marie Photography may also share the images with photography prop suppliers to promote its work and the work of the photography prop makers including Cute Cute.
9. MODEL RELEASE
In less specified in writing, Lauren Marie Photography makes no claim or warranty as to the existence or validity connected therewith model or other releases in respect of the images or as regards the reproduction by the client of any names or trade marks depicted in the images. It is the client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
IF ANY PROVISIONS OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
Note – for the purpose of the document the visitor of the site or individual purchasing the images shall be referred to as the client.