Note – For the purpose of this document Magdalena Photography - Maternity & Newborn Portrait Specialist shall be referred to as MPM&NPS. 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
- The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
- 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.
2. BOOKING FEE & PRICES
- By booking with MPM&NPS you enter into a contract and have therefore agreed to abide by the terms and conditions.
- Booking fee is due upon booking and secure your space and current pricing.
- Remaining balance is due on the day of the session.
- If the remaining balance is not paid within the 7 days from the session day, the agreement between client and MPM&NPS is cancelled and the images are delated. Client will no longer has the rights to the images taken during the session.
- Booking fees taken for maternity, newborn, milestone and portrait sessions are non refundable in any circumstances.
- All prices are subject to change without notice by MPM&NPS. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
3. IMAGES ONLINE
- It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by MPM&NPS for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of MPM&NPS, 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.
4. FULFILLMENT OF OBLIGATIONS
- MPM&NPS shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where 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, injury or business closure due to uncontrolled circumstances.
- The Client understands and accepts that the photographic coverage will be as MPM&NPS's professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
- In the unlikely event of total photographic failure or cancellation of the contract neither party shall be liable for indirect or consequential losses.
- If Client fails to read the supplied brochure, and therefore fails to carry out required preparations prior to a newborn session, MPM&NPS will not be held responsible for any resulting reductions in quality or quantity of images supplied.
- If Client is more than 15 minutes late for a session without communication the session is cancelled. A full session fee will need to be paid to rebook.
- All images produced by MPM&NPS are done on a fully calbrated monitor, and all prints will be a true reflection of the editing carried out by MPM&NPS. MPM&NPS not be held responsible for variances in images caused by clients viewing images on non calbrated screens or monitors. To ensure images are seen as intended it is advised that client views them at MPM&NPS studio.
- MPM&NPS is not liable for 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 MPM&NPS.
- Although MPM&NPS will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
7. IMAGE PRODUCTION AND HANDLING
- Save as otherwise agreed between the Client and MPM&NPS, MPM&NPS shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses 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 pictures requested, or images to the clients full expectations. In the event of uncooperative children at a session of any kind, for any reason, MPM&NPS may not be able to capture any, or all the images the Client may have requested or expected.
- MPM&NPS studio is open from Monday to Friday, 9am to 2pm. There is a limited weekend availability. If you would like to book during the weekend, there is an additional fee of £100 on top of your package.
- All Newborn Sessions start at 10am due to this being the time when baby is most settled and offers the best chance of achieving a full and varied gallery of images.
-Client shall assist and cooperate with the photographer during the session. The photographer shall not be responsible for photographs not taken as a result of child lack of cooperation or clients failure to provide reasonable assistance and cooperation.
- No one other than photographer shall take photos during the session.
-While photographer capture many images during the session, client will see only those images selected by photographer. Photographer carefully choose each image to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, lack of focus during movement, etc. will be delated.
-There is no possibility to provide all no edited, RAW format images for the client.
-The Client is responsible for all children at all sessions.
- Clients proof gallery to choose from is ready within the week or two from the date of the session.
After the proof gallery is sent, client is obliged to choose the final images for editing. Editing time can take up to 4 weeks for up to 20 images, if client purchase more than 20 images, the editing time will extend to 8 weeks, editing time also depends on how busy we are at the time.
- After the digital images are delivered, client will be asked to collect the prints in person, once they are ready. MPM&NPS will not send the pictures by post due to the delicate nature of product and the possibility of damage or lost.
- Our digital packages include a number of high resolution images and matching prints, additional files are available to purchase. Each extra digital image is £50.
- MPM&NPS will edit the images selected by client up to the standard with creativity and artistic vision, in MPM&NPS style, only small skin imperfections will be removed. MPM&NPS will not : change the clothes colours, involve in natural body shape, remove jewellery or objects from the image.
Any additional edits are carried out at the discretion of MPM&NPS and MPM&NPS reserves the right to charge the Client for additional editing to cover time involved, at a rate of £10 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
- lf The Client does not view and choose images within three months of the session without arrangement, MPM&NPS will assume they are not wanted and will delete all files.
8. COPYRIGHT & REPRODUCTION
-The copyright in all photographs is owed by MPM&NPS and they may be used for advertising, display or for general promotion either in print, web or social media.
- Copyright is retained by MPM&NPS at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of MPM&NPS. This includes saving, screen grabbing and downloading from Facebook or other social media.
- The Client may not 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 without MPM&NPS's written permission.
- Permission to reproduce a picture is granted to the Client by MPM&NPS only when a fee for the reproduction has been agreed with MPM&NPS and an invoice has been issued by MPM&NPS and paid in full by the Client to MPM&NPS.
- In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to MPM&NPS an unauthorised use fee of £500 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
- The right to reproduce a picture granted by MPM&NPS is personal to the Client and may not be assigned to any third party without MPM&NPS's prior written consent.
- The Client will fully indemnify MPM&NPS against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without MPM&NPS's prior written consent).
- Client grants MPM&NPS permission to display selected images resulting from this assignment as an example of photographer work and release all claims to profits that may arise from use of images.
- Client may only post watermarked images in social media and may not crop the watermark out for any reason.
- While MRP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
10. RECEIPT OF PICTURES
- The pictures are presumed to have been received in good condition unless the Client notifies MPM&NPS in writing of any discrepancy or error within 14 days of receipt.
11. COOLING OFF PERIOD
- Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
- By placing an order with MPM&NPS you are committing to buy the ordered products.
12. RETURNS POLICY
- Incorrectly supplied items and prints of poor quality can be returned and will be replaced at no extra charge to the Client.
- Faulty items should be posted to Magdalena Photography - Maternity & Newborn Portrait Specialist, Greenford, UB6. The Client is responsible for any costs associated with return postage.
- Returns will not be considered for incorrectly ordered items or items ordered in error.
- Due to the digital nature of the product there is no refund available once the images are downloaded by the client.
- No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
13. USE OF PICTURES
- MRP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
14. MODEL RELEASE , MODEL CALLS & TFP SESSIONS
- Unless specified in writing, MPM&NPS makes no claim or warranty as to the existence or validity of connected there with model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
- By responding to the model call or TFP session offer you are entering into the contract with MPM&NPS and agree to obey the following rules.
- In response to the model call you herby grant to MPM&NPS and her legal representative and assigns, the irrevocable and unrestricted right to use and publish photographs of you or your child ar in which you pr your child may be included, for editorial, trade advertising and any other purpose and in any manner and medium to alter the same without restriction and to copyright the same. You herby release Photographer and her legal representatives and assigns from all claims and liability to said photographs.
- TFP session is an arrangement between a model and a photographer MPM&NPS, whereby the photographer MPM&NPS agrees to provide the model with an agreed number of high resolution images ( 5 ) of the best photographs from the session and a limited license to use those pictures in return for the model's time and posing.
- TFP models are required to follow the photographer's instructions, sent to them prior the session.
- The photographer reserves the right to unlimited editing time for photos from the TFP session, although she undertakes to provide the images to the model no later than 6 months from the date of the session.
- Urging the photographer is strictly prohibited! The result of such behaviour is the termination of the TFP contract, thus the photographer retains unlimited copyrights to all photos taken during the session.
15. IF ANY PROVISION 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.
16. CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of MPM&NPS.
17. COVID - 19
- You knowingly and willingly consent to a photography session with Magdalena Powroznik, photographer and owner of MPM&NPS.
- You understand that the COVID-19 virus has a long incubation period during which carriers of the virus may not show any signs or symptoms and still be contagious. You understand that MPM&NPS will take all precautions suggested regarding COVID-19 prevention, but it is impossible to determine who has it and who does not given the current limitations in virus testing.
- You understand that should you have been diagnosed with COVID-19, positive within 14 days before/following your session, you will contact MPM&NPS to let her know of your positive diagnosis.
- You release MPM&NPS for any and all liability associated with receiving a COVID-19 positive diagnosis following our session. - - You confirm that no member of your family that will be included in the session, coming to the studio, or that you have had recent exposure to is experiencing any of the following symptoms associated with COVID-19: fever, shortness of breath, dry cough, runny nose, sore throat, loss of taste or smell, fatigue not associated with sleep. If they experiencing any of the above mentioned symptoms, you will call immediately to reschedule your session.
- You understand that MPM&NPS has the right to cancel or reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure, or arising symptoms of COVID-19, and is not liable for any costs accrued by the client (i.e. hair appointments, cake or clothing purchases, etc) associated with your session.
- If your session is canceled or rescheduled due to a COVID-19 related illness or presenting symptoms, you understand that the deposit paid to MPM&NPS is non-refundable but will be transferred to a new date. By booking with MPM&NPS you are agreeing to all the terms.
IMAGES ARE KEPT FOR A THREE MONTH PERIOD FROM THE DATE OF THE SESSION AT THE DISCRETION OF MAGDALENA PHOTOGRAPHY - MATERNITY & NEWBORN PORTRAIT SPECIALIST. AFTER THAT TIME, IMAGES WILL BE DELATED.