The following is a list of standard terms and conditions used by photographers, these are provided in the interests of both “the Client” defined as the couple named on the booking form and Maria Assia Photography (“the Photographer”). Please ensure that you have read and understood these terms before placing your booking. The Client is deemed to have accepted the terms and conditions in full upon payment of the booking fee. It is agreed that the terms represent the total agreement made between the parties and cannot be varied in any way by the Client unless expressly agreed by the Photographer in writing.
NON-REFUNDABLE BOOKING FEE The purpose of the £250 (family & maternity sessions)/£500 (birth sessions) booking fee is to secure the Photographer for a particular time and date and is therefore non-refundable and non-transferable in the event of cancellation by the Client. When paying, please reference the payment [surname&due date/date of session]
PAYMENT Full payment of the remaining balance is required no later than 6 weeks prior to the due/shoot date. Payment may be made by bank transfer (details below), which should be made payable to Maria Assia. Dates are only reserved once the booking fee has been received in full. If the balance is not received by the payment due date, the Photographer reserves the right not to provide any services until payment is received or to treat the contract as cancelled. Prices are inclusive of VAT.
ADDITIONAL COVERAGE The Client will be charged £250 per hour for any additional coverage. The additional fee is payable no later than 14 days after the date of the birth/shoot, but can also be paid in advance.
CANCELLATION BY THE CLIENT In the event of cancellation by the Client or failure to contact the Photographer in time, the Client will not receive a refund of the booking fee paid after the 14-day cooling off period, which begins the day the booking fee is paid. The purpose of this is to cover the loss of earnings caused by the cancellation. If cancelling after the full balance is paid, the Client will not be returned any moneys, unless the Photographer books another birth/shoot for the same date, in which case the Client will receive the balance paid excluding the booking fee, at the Photographer’s discretion. Should cancellation be received by the Photographer less than 60 days prior to the date of the shoot/due date, the Client shall pay a sum equal to 75% of the contract value. The sum is payable as compensation as an estimate of the loss the Photographer would suffer having potentially turned other work away.
CANCELLATION BY THE PHOTOGRAPHER In the unlikely event that the Photographer is forced to cancel this contract for reasons beyond control or if unforeseen circumstances prevent shoot attendance (i.e. serious injury/illness or death), liability is limited to a full refund of monies paid to date. The Photographer will use reasonable endeavours to find a replacement photographer of a similar style. However, it may prove difficult or impossible to find an alternative skilled photographer at such short notice and/or at the same contract price. If another photographer is found, the refund of monies will no longer be applicable and the replacement photographer will receive the money. In this instance, The Client has the choice of whether to accept the replacement photographer or take the refund. In the unlikely event of a total photographic failure or cancellation of this contract by either party, whether caused by negligence 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. Maria Assia Photography will never be liable for more than the total value of the contract.
SHOOTS ABROAD The Photographer will not be held responsible for missing part or all of the birth/shoot in the event of a flight/train delay or flight/train cancellation. The Photographer will always endeavour to travel out to the destination country 48 hours before the shoot/due date in order to minimise the risk. Flights, accommodation and car hire are not included in the standard price of photography and will be added on to the invoice. Flights will be charged at economy rate, two nights’ accommodation near the shoot venue and car hire for 3 days will be added.
COPYRIGHT The copyright in all photographs created by the Photographer shall remain the property of Maria Assia Photography in accordance with the Copyright, Designs & Patents Act 1988’. The Photographer reserves the right to use the images taken under this contract for advertising, editorial, display and competition purposes or for any other purpose thought proper by the Photographer without compensation or liability to the Client. The Client is forbidden to edit the photos – this includes adding filters, cropping or changing the colours in any way.
IMAGE FILES High-resolution image files are provided via online gallery to the Client for their personal use only and are supplied with the ‘right to print’. The Client is allowed to share online only if they credit the Photographer. No liability can be held for loss or damage to image files after safe delivery to the Client. Your images will be stored in the online gallery for 6 months after delivery, and the Client is strongly recommended to download them as soon as they are received.
EXCLUSIVITY It is agreed that the Photographer shall be the sole professional stills photographer on the day. The Photographer shall reserve the right to ask guests to refrain from taking photographs in the event that their activities are corrupting the official photography in any way. For example flashes, obstruction or distractions etc.
ARTISTIC LICENCE Where possible the Photographer will work with/around the Client to find the most suitable locations for both background, content and quality of lighting however it is agreed that the Photographer shall be granted full creative and artistic licence regarding locations. The Photographer’s final judgement on photographic style, allocated time and the number of photographs taken shall be deemed correct.
RETOUCHING FEES The Photographer includes standard editing in the cost, such as making basic adjustments (ie lighting, contrast, colour correction) and adding a signature style. It does not include more involved Photoshopping, such as adding or removing anything from the image or doing extensive touch ups. These can be done for an extra retouching fee, to be decided depending on the extent of extra work involved. Under no circumstances will the Photographer edit using selective colour or add in anything that wasn’t present, or change the way people look (apart from removing unexpected spots), and the Client is not permitted to edit the photos in any way. If the Client would like any colour photos in black and white or black and white photos in colour, or any cropping done, there may be a small editing charge for this depending on how many images are involved.
REQUESTED PHOTOGRAPHS The Photographer will use reasonable endeavours to honour requests for specific photographs subject to the weather conditions, time permitting, the availability and willingness of subjects. However, the Photographer cannot guarantee any specific picture nor incorporate any specific background, location or arrangement. The Photographer cannot be held responsible for any lack of coverage caused by the Client or other guests or by the medical or other licensed staff imposing any restrictions on the Photographer. In order to maintain a creative documentary style, the Photographer cannot guarantee a photo of every detail.
IMAGES The Photographer will endeavour to deliver the images (minimum 50 images per hour of coverage) to the Client between around 6 weeks after the shoot, but this may be slightly longer in the high season (April-September). They will be delivered via downloadable online gallery.
ALBUMS If the Client has purchased an album, the Client has 1 year from the date of the shoot to choose the photos to be included and approve the final design, or there may be additional costs in line with inflation.
MODEL RELEASE The Client hereby grants to the Photographer the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for online and print, editorial, trade, advertising and any other purpose and in any manner and medium.
CLIENT DECLARATION By paying the booking fee of £500 and signing this contract (by adding your names and date on the booking form below the link to this page), the Client agrees to be bound by the terms of business and would like to book the services of the Photographer for the Client’s Maternity, Birth or Family Photography.
Maria Assia Photography
3 The Old Walk, Otford, Kent, TN14 5PP
07748 220 204