Terms and Conditions
Please read the Terms and Conditions of service carefully.
These are here for both RMP and our clients to understand exactly what is expected from each other at every point through your portrait photography experience.
By Booking with RMP and paying the session fee you enter into a contract and have therefore agreed to adhere to the following Terms and Conditions.
Note – For the purpose of this document Rebecca May Photography shall be referred to as RMP. 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
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions 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 submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) SESSION FEE
a) By booking with RMP and paying the session fee you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees (session fees) are taken for newborn, portrait sessions. Session fees do not include images, digital or printed, these are purchased separately.
c) Booking fees taken for newborn, portrait sessions, and 1:1 newborn training sessions are non refundable except in the event RMP cancels the booking. lf a booking is made online, and no suitable date can be arranged for the chosen session after consultation, then a refund will be given. Vouchers for session fees are non-refundable.
d) EXCLUSIVITY By booking with RMP for a newborn session, you agree that your baby/s is not booked in or modelling for newborn style photography up to 4 weeks of age.
3 ) IMAGES ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by RMP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of RMP, whether the 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) RMP 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 or injury.
b) The Client understands and accepts that the photographic coverage will be as RMP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) 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.
d) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, RMP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) 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.
5) CAKE SMASH SESSION
a) It is the clients responsibility to inform RMP of any food allergy or intolerances the clients baby has prior to ordering the cake. RMP will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform RMP. By signing the Cake Smash contract you waive all rights to sue RMP if any illness results due to lack of information given to RMP by the client.
a) All images produced by RMP are done on a fully calbrated monitor, and all prints will be a true reflection of the editing carried out by RMP. RMP will 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 RMP studio
b) All prices are subject to change without notice by RMP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although RMP 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.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and RMP, RMP 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 un co-operative children at a session of any kind, for any reason, RMP may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) Should a baby or child be ill at the time of the session, the session may be cancelled. Parents are permitted to move their session date once, due to their baby or child being unwell.
c) RMP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of RMP, and RMP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 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.
c) lf The Client does not view or purchase images within three months of the session without arrangement, RMP will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by RMP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of RMP. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) 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 RMP’s written permission.
c) Permission to reproduce a picture is granted to the Client by RMP only when a fee for the reproduction has been agreed with RMP and an invoice has been issued by RMP and paid in full by the Client to RMP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to RMP an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by RMP is personal to the Client and may not be assigned to any third party without RMP’s prior written consent.
f) The Client will fully indemnify RMP 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 RMP’s prior written consent).
g) Payment at the Ordering Appointment is accepted by cash, BACS or Debit Card
h) One Ordering Appointment is included in the Session Fee
i) Additional ordering Appointments have a fee of £45
j) All decision makers must be present at the Ordering Appointment
There is a minimum spend requirement per session of £399 with Rebecca May Photography for all session types. Sitter Baby Session has a minimum spend requirement of £299.
Vouchers are non-refundable.
Vouchers are non-exchangeable for cash.
Vouchers are not transferrable to other session types.
Vouchers expire 12 months after issue.
Vouchers for session, do not include any images, these are purchased separately.
Online Galleries are only ever provided entirely at the photographer's discretion.
The Minimum Order of £299 for Sitters and £399 for all other session types is payable ahead of the gallery being made live.
Images are soft proofed for an online gallery.
Ordered images are fully retouched inline with examples seen on RMPs website galleries.
Online Galleries are live for 24hrs only, with an agreed start time and date.
Should no order be placed within the 24hrs whilst the gallery is live, RMP will automatically select 5 digital images for Collection One to complete your order and then post your order out directly to you.
The photographer cannot be held responsible for the quality of viewing online galleries, in regard to client screen size and detail, or accurate colour reproduction of their viewing device.
Clients do not have permission to screenshot, download or otherwise copy the images provided on the online gallery. Regardless of intent for use, this is considered a breach of copyright.
k) Payment plans are available.
l) 50% of the full order amount is due as Instalment 1 at the Ordering Appointment. 25% + 25% (Instalments 2 and 3) are then due to be paid 4 weeks and 8 weeks after the Ordering Appointment.
m) Ordered images and Wall Art are provided to the client only on full balance payment.
a) While RMP 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.
12) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies RMP in writing of any discrepancy or error within 14 days of receipt.
13) COOLING OFF PERIOD
a) 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.
b) By placing an order with RMP you are committing to buy the ordered products.
14) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to the Rebecca May Photography Studio, ME15 8ET. Full address supplied upon request. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
e) Digital Files are non-refundable.
15) USE OF PICTURES
a) RMP 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.
16) MODEL RELEASE
a) Unless specified in writing, RMP makes no claim or warranty as to the existence or validity of connected therewith 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.
17) 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.
18) 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 RMP.
RMP will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means.
20) TRAINING AND WORKSHOPS
a) Booking fees are non refundable unless the training event is cancelled by RMP. The balance of any event is due ten days before the event. After the full fee is paid 50% of the balance is non refundable unless the event is cancelled by RMP. In the event of the delegate needing to cancel, the fee can be transferred to another training event.
b) While every effort will be made to cover all aspects of the training as advertised, RMP cannot accept responsibility for the nature of the models on the day, and therefore cannot guarantee all aspects will be covered.
c) RMP can not be held responsible for failure of training client to obtain models when training away from RMP studios. Training will include use of training aid StandInBaby at the discretion of RMP.
d) When offering a child as a model for training by RMP a deposit of £25 is required to reduce no show risk. They will be fully refunded when the model client attends the training. Should the model client not show up the deposit will not be refunded. Models are used specifically for training purposes, therefore props and set ups are beyond the control of the parents. RMP will use whatever props are required for that particular training session. The client agrees that all and any images taken on the training day can be used for online or printed promotions by RMP and training associates in any way.