IMPORTANT TERMS AND CONDITIONS. PLEASE READ AND AGREE BEFORE BOOKING.
PHOTOGRAPHY SERVICE AGREEMENT
AND HEALTH AND SAFETY POLICY
CLAIRE EATON PHOTOGRAPHY
Fine Art Photography Sessions In Collaboration With PAT Ponies (Party & Therapy Ponies)
INTERPRETATION:
Claire Eaton Photography: A trading name here as referred to as Claire Eaton Photography of Unit 3, Thornton Business Park, Milford Haven, Pembrokeshire, SA73 2RY.
Client: For the purpose of this agreement, the term Client is anybody buying, hiring and renting services from Claire Eaton Photography.
Contractor: A trading name here as referred to as PAT Ponies (Party and Therapy Ponies) of 3 Eastleigh Drive, Milford Haven, SA73 2LX.
Images: Photographs, digital/prints, post and final production produced by Claire Eaton Photography.
Kit: Any item, space or product belonging to or rented by Claire Eaton Photography.
1. PAYMENT POLICY & DELIVERY
I. Prices are quoted in pounds sterling.
II. Clients pay in full for the sitting fee during the online booking process. Additional photographs/package upgrades are selected and paid for by the Client via their secure online gallery. The gallery will be active for 14 days.
III. The method of delivery will be either by post (additional costs may apply), digital download, or by collection from the studio, once Claire Eaton Photography has notified the client it’s ready for collection. Claire Eaton Photography accepts payments via www.claireeatonphotography.co.uk, bank transfer, PayPal or cash. Cheques not accepted.
2. CANCELLATION & REFUND TERMS
I. Due to the nature of these photo sessions, cancellation will unfortunately not be eligible for a refund.
II. Claire Eaton Photography reserves the right to cancel or discontinue a booking if the Client is not punctual. This also applies if the Client has not adhered to health and safety instructions and/or if they are at fault for damaging equipment, furniture and/or fixtures and fitting within the studio. The Client may be liable to Claire Eaton Photography for the full cost of the session plus damages and loss of earnings. The Client is required to adhere to the photo studio policies where at all times.
3. FAILURE TO PERFORM
I. If the photographer cannot perform this agreement due to a fire or other casualty, strike, illness or other cause beyond the control of the parties then the photographer shall return any deposits taken from the client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the photographer. In the event that the photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the client’s order.
4. CLIENT’S USAGE
I. The client is obtaining prints and digital files for personal use only and shall not sell said products.
II. Reproductions of purchased digital files for personal use only and not sale to third parties.
III. If the client is obtaining a product for a newspaper announcement, editorial use or a website, the photographer authorizes the client to reproduce the product in this manner. In such an event, the client shall run a credit for the photographer adjacent to the photograph.
IV. Photos may NOT be edited or altered in any way without prior agreement with the photographer. It is a copyright offence to copy or use photos from the online proofing gallery before purchase.
5. PRINTS, COPYRIGHT AND DISPLAY
I. The photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions.
II. The Client may choose not to permit public usage of their photographs by ticking the relevant box on page 4 of this agreement.
III. The photographer shall only make reproductions for the client or the photographer’s portfolio, samples, self-promotions, entry into photographic contests or art exhibitions, editorial use, website or for display inside or outside of the photographer’s studio. Every effort will be made to supply the client with a courtesy call before any usage by the photographer.
IV. The photographs, digital negatives, prints, edits and post production produced by Claire Eaton Photography are protected by Copyright Law and clients are legally bound by the terms in their agreed and signed contracts.
6. ONLINE PHOTOGRAPH SALES AND DELIVERY OF PRODUCTS PRODUCED BY THIRD PARTY PRINTING COMPANIES
I. If the Client is unhappy with a product, or the service provided, then the Client should contact Claire Eaton Photography with the complaint as soon as possible.
II. Claire Eaton Photography will manage the complaint on an individual basis that will not affect the Client's statutory rights. Claire Eaton Photography will not be liable for any claims for consequential loses howsoever caused.
7. PROMOTIONS & PRICING
I. The charges quoted are based on the photographer’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
II. General Terms and Conditions apply to all promotional and gift vouchers. These terms will be displayed on the back of the vouchers.
8. PRIVACY POLICY AND DATA PROTECTION
I. Claire Eaton Photography is committed to preserving your privacy. Any information that we hold is, subject to these terms, processed and kept securely in accordance with the Data Protection Act 1998.
II. Your data may be used by Claire Eaton Photography to advise you of products, services and special promotions. We may contact you by telephone, SMS or email.
III. Photographer will not share client’s information with any third parties.
IV. Photographer may contact clients with future promotional offers and deals.
V. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. Although every safety measure is taken, it is however, impossible to prevent determined persons from accessing these galleries. As this is out of the photographer’s control, Claire Eaton Photography may not be held responsible for third party privacy violation.
9. INHERENT QUALITIES
I. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes as well as DVD or CD, which may deteriorate due to delamination or oxidization.
II. Client releases photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Owing to processing techniques, it may not be possible to match exactly all colours as seen by the human eye.
10. PROTECTION POLICY
I. Claire Eaton Photography is fully insured and has an up to date CRB/DBS check.
11. STUDIO HEALTH & SAFETY POLICY
I. Claire Eaton Photography takes every reasonable effort to ensure the premises and equipment is deemed as suitable and safe for all users at all times.
II. The Client is fully responsible for their own actions, and responsible for the children they are in accompany of.
III. Any damages or breakages to the property that incur as a result of the Clients actions shall be the responsibility of the Client to pay for or rectify as agreed with Claire Eaton Photography.
IV. Claire Eaton Photography does not take any responsibility for any loss or damage to any personal belongings within or outside the studio.
V. Photography sessions can involve some physical activity, which is undertaken at your own risk. By completing the Disclaimer form, the Client declares that they are over 16 years and deemed healthy to participate in a photo shoot.
VI. Claire Eaton Photography takes no responsible action for any outcome as a result of any false information provided, or withheld from Claire Eaton Photography.
VII. Claire Eaton Photography requests that all Clients advise them of any special or medical requirements are needed to make the Clients experience at the Studio more comfortable and accessible.
VIII. The studio cannot be held liable or responsible for any event outside of its control that may affect your studio session – such as power cut, flooding, storm damage ‘etc.’
IX. Children must be accompanied by an adult or an official guardian or parent at all times and must remain within the studio area.
X. No smoking / no naked flames.
XI. No Drinks or liquids within the studio area.
XII. Any children present who are not being photographed should remain near parents within the seating area provided to avoid accidents whilst the photographer is working with other clients.
XIII. No running.
XIV. Children must be supervised at all times by their parent/guardian and should not be allowed to touch any photography equipment for their own safety.
XV. Photographer will make every client aware of all fire exits and fire extinguisher locations.
XVI. Hands must be washed after contact with ponies.
EQUINE SERVICE AGREEMENT
AND HEALTH AND SAFETY POLICY
CLAIRE EATON PHOTOGRAPHY
Fine Art Photography Sessions In Collaboration With PAT Ponies (Party & Therapy Ponies)
SAFETY MEASURES
I. Two horse handlers from PAT Ponies will be present during the session to ensure maximum safety.
II. Please note that the handler’s instructions must be followed at all times by both children and parents.
III. If potential danger arises due to safety instructions being disregarded, the organisers may use reasonable judgment in declining to permit guests to come near the Equines and withhold the right to discontinue the photo session to avoid distress or injury.
IV. These sessions are not suitable for children who are nervous around large animals.
V. These sessions are not suitable for children under 4 years of age.
VI. The welfare of both the child and the pony will be of the greatest importance at all times.
SAFETY RULES
I. Under no circumstances may any guest feed any Equine any item not explicitly authorized and supplied by Contractor.
II. At Contractor's discretion, guests may be permitted to pet the Equines during their photo session while the Equines are held by Contractor's handler.
III. Riding or sitting on the Equines is not permitted inside the studio due to health and safety rules.
IV. Safety Attire must be considered during the photo sessions. Equines often weigh 1,000 pounds or more and therefore can easily break bones by inadvertently stepping on guests' feet. Therefore, Contractor requires that each guest coming near the Equines must wear enclosed shoes (e.g., no bare feet, flip flops or sandals).
LIABILITY RELEASE WAIVER
I. Both Claire Eaton Photography and the Contractor do everything in their power to ensure against an incident or accident with a child and pony occurring, whilst serving parents and their children in photography sessions.
II. We do ask that you please understand that there is some risk involved, just like allowing your child to swim in a pool or jump in a bouncy castle or on a trampoline, driving in a car, or riding their bike in the street, and even when they go to school. We believe in informing parents, any company who does not tell you everything is hiding something. This is a typical release warning/waiver that you would read and/or sign if you were to go on a guided trekking ride, or take riding lessons, or even go to some show grounds where horses are! Don’t let this scare you.
III. Two pony handlers shall be provided on set, their directions for safety concerning the animal and potential risk to persons must be listened and adhered to at all times.
IV. Both Claire Eaton Photography and the Contractor (PAT Ponies) assume no responsibility for any damage to property or equipment, or personal injury caused by any of the ponies.
V. Risk assessments shall be carried out for new themes and sets created beforehand to assess any potential risks before pony and child come together. All reasonable precautions will be taken to ensure safety.
CUSTOMER'S INDEMNIFICATION AGREEMENT
I. Customer agrees to defend, indemnify and hold Claire Eaton Photography, Contractor and Contractor's owners, officers, directors, family members, employees and agents (collectively, the "Contractor Parties") harmless against all claims, demands and causes of action, including costs and attorneys' fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of Customer or any of Customer's heirs, successors, assigns, guests, employees, family members or agents (collectively, the "Customer Parties") or brought by others against the Contractor Parties in connection with services performed pursuant to this Agreement, or any action or inaction taken by the Customer Parties.
LIMITATION OF CONTRACTOR'S LIABILITY
I. Under no circumstances shall Claire Eaton Photography, Contractor Parties, or any of them, be liable to the Customer Parties, or any other parties, for any special or consequential damages pursuant to this Agreement.
II. In addition to the other limitations on the Contractor Parties' liability set forth in this Agreement, under no circumstances shall the Contractor Parties' liability pursuant to this Agreement exceed the total amount of compensation actually received by Contractor pursuant to this Agreement.
LIABILITY RELEASE DECLARATION
I. I, we, as a guardian/parent, supervisor, or responsible party, acknowledge the risks and potential risks of being near horses and ponies, including risk of bodily injury or death resulting from kicks and bites, pony falling on Client, equipment failure or collision with horses/pony or vehicles or other inanimate objects.
II. I hereby, intending to be legally bound for myself, my child(ren),my heirs and assigns, executors or administrators, waive and release forever all claims for damages against PAT PONIES or any of its collaborators (CLAIRE EATON PHOTOGRAPHY), its board of directors, instructors, therapists, volunteers and/or Employees for any and all injuries and/or losses I may sustain as a result of use of PAT PONIES on the property, equipment, or facilities. Participate At Own Risk.
CLIENT UNDERSTANDS THAT BY BOOKING, THEY AGREE TO ALL TERMS AND CONDITIONS ABOVE. A HARD COPY WILL BE SUPPLIED ON THE DAY OF THE PHOTO SESSION.
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