Nina Mace Photography (Photo shoot) Terms & Conditions
In the following conditions of contract “The Photographer(s)” shall mean Nina Mace or, subject to condition 7 below, any photographers appointed by Nina Mace. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). It is, therefore, contrary to the Act, and illegal, to copy photographs or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents.
2. Display: The Client(s) hereby allow(s) The Photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to The Client(s).
3. Licence, Coverage and Reproduction: a) The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct. b) Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements. c) The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out. d) Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances, The Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.
4. Prices: a) Where the shoot date is no more than 12 months after the date of signing, all photographic services undertaken on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time. The online album for ordering will remain open for 7 days from the date that it is posted online. Orders must be placed and paid for within these 7 days otherwise a hosting charge will be incurred.
5. Payments: a) A non-refundable booking fee of £49 or £149 (paid by bank transfer) along with a completed client form will confirm your booking. All additional goods are payable on ordering. b)Title to all goods remains the property of Nina Mace Photography until paid for in full by The Client(s).
6. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased. This includes photographs, albums and frames.
7. Force Majeure: a)The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury). b)In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present – see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. Travel will not be reimbursed.
8. Negatives or digital files: a)The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less than 6 months from the contract date. b)Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received c)All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time. d) The Photographer will choose the best images from the session, and a minimum of 20 fully-edited images will be available for viewing online. All presented pictures are selected at the Photographer’s discretion, and the Photographer reserves the right to edit and release only the images that meet her artistic standards. Once this selection has been made any remaining images will be deleted
8a)The following copyright applies when purchasing a CD of images from Nina Mace Photography The client has purchased high-resolution digital files from his/her photography session with Nina Mace Photography (NMP). The Bearer is hereby granted permission by NMP to reproduce the images and make an unlimited number of prints, for personal use only. This permission applies worldwide. Bearer agrees that he/she may not use any NMP images for commercial or editorial purposes, or enter any NMP images into the competition without the express written permission of NMP. NMP retains the copyright to all images.
Copyright and Licensing Notice The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
Your purchase of the original files releases NMP from any liability due to loss or damage of the images and also releases NMP from any obligation to maintain copies of any digital file, image, or photograph. You hereby grant to NMP the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use. NMP agrees to limit the use of these images and photographs to promotional use only.
NMP may revoke this license at any time and for any reason. NMP retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation. a) Cancellation within 7 days of booking – £49 or £149 non-refundable booking fee ( see clause 5a). b)In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, the no cancellation fee will apply.
10. Placing an Order and Receipt of Goods: a)Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
b)The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period. c)Due to the nature of the product, The Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights. In the event that photographic materials are damaged in processing, lost through equipment malfunction, lost in the mail or otherwise lost or damaged, the photographer will offer to re-shoot at no extra cost to the client but shall have no further liability for losses, including consequential losses, incurred by the client.
11. Heath & Safety – the client is responsible for the children’s safety during the photoshoot. The client must, therefore, ensure that a responsible adult other than Nina Mace is present at all times supervising the children.
12. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English courts.
Additional Terms & Conditions for Beginners Training Course for Parents
1. A £39 deposit is required to secure your place on the course, and the remaining £60 is due 4 weeks before the course date. If payment is not made on time, your place on the course may be given to another attendee. If you cancel more than 4 weeks before the course date, you will not be liable to pay the £60 but your deposit will be retained. Unfortunately, if you cancel within 4 weeks of the course date the full amount will be retained unless a replacement can be found. You are welcome to sell your place if necessary.
2. The course materials remain the property of Nina Mace Photography and cannot be re-produced or shared without permission
3. This course is NOT for professional photographers, or for people planning to start a photography business in the future. Attendees must agree not to run any Beginners Photography training courses, in any way similar to Nina Mace Photography’s Course, within a 2 year period.
4. Force Majeure: a)The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury, The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. Travel will not be reimbursed.
Additional Terms & Conditions for Training for Professional Photographers including 1-2-1 or 2-2-1 Mentoring
1. A £99 deposit is required to secure your place on the course, and the remaining outstanding amount is due 4 weeks before the course date. If payment is not made on time, your place on the course may be given to another attendee. If you cancel more than 4 weeks before the course date, you will not be liable to pay the outstanding amount but your deposit will be retained. Unfortunately, if you cancel within 4 weeks of the course date the full amount will be required unless a replacement can be found. You are welcome to sell your place if necessary.
2. The course materials remain the property of Nina Mace Photography and cannot be re-produced or shared without permission. If any attendees are found to be sharing materials without permission then this is a breach of contract and Nina Mace Photography may require compensation.
3. This course is for professional photographers, but NOT those that offer training of mentoring. Nina Mace reserves the right to refuse entry onto the course.
What Nina Mace Photography will collect
• Name • Contact information including address, email address and telephone number
What Nina Mace Photography does with the information gathered
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: • Internal record keeping. • We may use the information to improve our products and services. • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. Security We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Nina Mace Photography will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. You may request details of personal information which we hold about you under the Data Protection Act 1998. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.