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Terms and Conditions

Please read these terms and conditions which are applicable to those using this website and accessing the services as provided by Tianna J-Williams Photography

Studio Policy, Image Use/Licensing, Liability and GDPR Compliance

    • In the following Contract the ‘Photographer’ shall mean ‘Tianna Jarrett-Williams” trading as ‘Tianna J-Williams Photography’. ‘The Client(s)’ shall be those persons who will fill out this form and book photographic services or use the website.

      The client(s) will agree to this digital contract and image release prior to the photo session booking, this agreement must be signed and submitted before any session can begin.

       

       

       

    • 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. THE BOOKING FEE

      a. The booking fee of £99 is due in full by the client at the time of booking in order to secure the appointment. The Photographer will not hold any dates open without booking fee payment.

      b. Booking fees taken for any newborn, maternity, family and child portrait sessions or events are non refundable except in the event the Photographer 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. The minimum collection price for your session is due to be paid on the day – via cash or bank transfer. Please see to your session booking for details.

      c. Event and commercial bookings require a deposit of £200 minimum, please see your quotation for definitions on what your requirements are.

       

    • 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 Tianna J-Williams Photography for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of the Photographer, 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. Tianna J-Williams Photography 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 Tianna J-Williams Photography’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. Please see any quotations for definitions determined between the Client and Tianna J-Williams Photography.

      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 the Client fails to read the supplied PDF brochure, and therefore fails to carry out required preperations prior to a newborn session or other, Tianna J-Williams Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.

       

    • 5. BABY’S FIRST YEAR PACKAGES

       

       

      a. The booking for this package must be made in full and consists of 3 sessions throughout the first 12 months (newborn, sitting (6-9 months) and first birthday).

       

      b. Client must order from each session before being permitted to progress to next session, and before free gift is received.

      c. Client can not combine session images into one gallery. Each session must be ordered from separately.

      d. Failure to place an order after a session will forfeit any free gifts and moneys paid and the package will become void.

       

    • 5. NEWBORN SESSIONS

       

       

      a. Prior to your newborn session, please inform Tianna J-Williams Photography of any concerns or conditions to be aware of to ensure your baby’s wellbeing is preserved at all times.

      b. If, at the time your baby appears unwell, your session will be terminated and a reshoot offered at the next available date. This may mean your baby is older and may be more alert during the session. Illnesses beofrehand are welcomed to be notified in advance so that a suitable date can be provided.

      c. Tianna J-Williams Photography will manage your expectations throughout the session, which means that this depends on how your baby is on the day. Not all babies are comfortable in all poses and therefore no particular pose is guaranteed to be performed.

      d. Parents are required to bring items such as nappies, muslin cloths, milk (chosen formula or expressed) and appropriate clothing as you would normally. These are not provided in the studio.

       

    • 6. CAKE SMASH SESSIONS

       

      a. It is the clients responsibility to inform Tianna J-Williams Photography of any food allergy or intolerances the clients baby has prior to ordering the cake. Tianna J-Williams Photography 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 Tianna J-Williams Photography.

      b. By signing the Cake Smash contract you waive all rights to pursue legal action against Tianna J-Williams Photography if any illness results due to lack of information given to Tianna J-Williams Photography by the client.

      c. Tianna J-Williams Photography cannot guarantee the outcome of the session on the date, as children have the liberty to behave at will. This clause means Tianna J-Williams Photography is not liable to refund sessions due to children being tired, hungry or disinterested. If a complete gallery is achieved, a reshoot will not be granted. 

       

    • 7. MATERNITY SESSIONS

       

      a. It is the clients responsibility to inform Tianna J-Williams Photography of any pregnancy-related conditions which may cause discomfort during the session.

      b. Sessions ideally will take place between 30-36 weeks and no later due to the increased likelihood of labour and birth occuring.

      c. A limited number of dresses are available and a selection of fabrics can be made available for your session. 

      d. Your family and partner can take part in your session, please read the session guidance.

       

    • 7. MINI SESSIONS

       

      a. Mini sessions are seasonal and not offered all year round.

      b. Please see any specific terms and criteria on the booking information page.

      c. Please arrive promptly for your session, as there may be clients arriving after you.

      d. Non-attendance equals cancellations with no refunds offered. Your session may not go ahead if you are at least 10 minutes late.

      e. The prices advertised are subject to change.

       

    • 8. COMMERCIAL PHOTOGRAPHY

       

      a. Quotations supplied are discussed prior to any booking and confirmed between both parties before any monies paid. A brief of the project is required before a quotation can be generated.

      b. Any payment made is in acceptance of the terms stated and the contract supplied.

      c. Obligations between parties are set in the quotation and further details within this contract.

      d. Tianna J-Williams Photography retains the rights to the images taken, the Client may be granted a commercial usage licence determining sole use of the photographs and how long for.

      e. RAW files are the exclusive property of Tianna J-Williams Photography and the sale of such is to be agreed upon by both parties.

      f. Deposits are to be paid prior to further arrangement and discussions on specifics of the booking. The full balance may be due prior to the date of the shoot.

       

    • 9. PRINTS AND PRODUCTS

      a. All images produced by Tianna J-Williams Photography are done on a high resolution screen and all prints will be a true reflection of the editing carried out by Tianna J-Williams Photography and will not be held responsible for variances in images caused by clients viewing images on lower resolution screens or monitors. To ensure images are seen as intended it is advised that client views them at Tianna J-Williams Photography home studio.

      b. All prices are subject to change without notice by Tianna J-Williams Photography. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.

       

    • 9. IMAGE PRODUCTION AND HANDLING

      a. Unless otherwise agreed between the Client and Tianna J-Williams Photography, Tianna J-Williams Photography shall be entitled to use her 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 variances 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 unco-operative children at a session of any kind, for any reason, Tianna J-Williams Photography 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 times during sessions.

      b. Tianna J-Williams Photography fully edits all images before presenting to the Client. Additional edits are carried out at the discretion of Tianna J-Williams Photography and reserves the right to charge the Client for additional editing to cover time involved, at a rate of £30 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. Although Tianna J-Williams Photography will do her best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.

       

       

    • 10. COPYRIGHT, LICENCING & REPRODUCTION

      a. Copyright is retained by Tianna J-Williams Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Tianna J-Williams Photography. This includes saving, screen grabbing and downloading from Facebook or other social media or galleries.

      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 Tianna J-Williams Photography’s written permission.

      c. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Tianna J-Williams Photography an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.

       

      d. The images that are being provided to the Client are licensed 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 Tianna J-Williams Photography from any liability due to loss or damage of the images, and also releases Tianna J-Williams Photography from any obligation to maintain copies of any digital file, image, or photographs after 12 months from the date produced. Licences for other use will be agreed upon with the Client, if required.

       

      e. The Client will fully indemnify Tianna J-Williams Photography 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 Tianna J-Williams Photography’s prior written consent).

       

    • 11. VIEWING AND ORDERING

      a. The client is required to attend a viewing and ordering appointment in which the images will be viewed and choices made regarding the chosen packages.

       

    • 12. RECEIPT OF PICTURES

      a. The pictures are presumed to have been received in good condition unless the Client notifies Tianna J-Williams Photography in writing of any discrepancy or error within 14 days of receipt via email to enquiries@tiannajwilliamsphotography.co.uk.

       

    • 13. CANCELLATIONS AND COOLING OFF PERIOD

       

       

      a. As per distance selling regulations, you have the right to cancel any contract entered into via the internet within 14 calendar days.
      Please note that as you have been provided with a PDF copy of your contract when paying the booking fee, this 14 days begins from the date the booking fee is paid – not the date the contract is signed as payment of the booking fee constitutes acceptance of the contract terms.
      After the 14 day period has elapsed, please see your contract for further details as additional charges may apply.

      In order to cancel your contract, please send your cancellation via email to:

       

      enquiries@tiannajwilliamsphotography.co.uk

      Please note a confirmation e -mail will be sent within 72 hours of receipt.

      If your do not receive a confirmation e-mail, please contact us immediately at 07376761288.

       

      The proforma is provided below (as required by UK law)

       

      Tianna J-Williams Photography

      24-26 Izabella House

      Regents Place

      Jewellery Quarter

      Birmingham

      B1 3NJ

       

       

      Please accept this as notice that I/we would like to cancel our contract for photography services on (DATE) as allowed under our 14 day right of cancellation. Please refund our booking fee to (your address).

      Regards,

      (Your Name)

      b. 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.

      c. By placing an order with Tianna J-Williams Photography 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 address of Tianna J-Williams Photography. Please refer to clause 12a for information on how to proceed. 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.

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