Terms & Conditions
Our Terms and Conditions are applicable for all photography bookings. By booking a shoot with A Moment in Time Photography, it is assumed that you agree to these terms. If you are unsure of anything, or would like further information about these terms, please enquire at any time. We reserve the right to change these Terms & Conditions at any time.
Copyright and Ownership: The copyright and all other rights in the photos shall be retained by A Moment in Time Photography (the “Photographer”). The Photographer asserts the right to be credited as the author of the photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any photos will constitute a breach of copyright.
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 A Moment in Time Photography’s written permission. Permission to reproduce a picture is granted to the Client by the Photographer only when a fee for the reproduction has been agreed and an invoice has been issued by and paid in full by the Client.
Booking: The best time to book a newborn session is before the birth to enable time to be reserved around the due date. Babies rarely arrive on time, so it is important that the Photographer be contacted as soon as possible after the birth to confirm the actual booking date.
Booking fee: a) By booking with A Moment in Time Photography you enter into a contract and have therefore agreed to abide by the terms and conditions. b) Booking fees taken for all sessions are non-refundable except in the event A Moment in Time Photography cancels the booking. c) The booking fee will be required to secure your booking and is not taken off the final package chosen. The booking fee includes but is not limited to the Photographer’s time and talent, pre-session emails and correspondence, extensive post-session editing, image viewing session, order preparation and fulfilment, cake made for cake smash bookings/decorations/set-design and any other custom design work.
The fee is paid in advance to secure your chosen date. It is non-refundable should you cancel, but is transferable to another date in the event you wish to amend your booking with at least 48 hours’ notice. Longer is needed for cake smash sessions and a fee will be required for re-scheduling the cake.
All of our rates are subject to change at any time. Booking your session by submitting your booking fee guarantees our current portrait rates. Rescheduled sessions are subject to the prices current at the time of rescheduling. Paying for your package by PayPal will also incur an additional 5% charge.
Pricing and Payment: Payment for additional images is to be made when the Client attends the viewing session. The Client is encouraged to take a look through the full price list before booking, so that they have an idea of the price of additional items before their session. We reserve the right to adjust prices at any time without prior notice. All prices are £ Sterling (GBP). The correct price for the photo services shall be confirmed via telephone or electronic communication once an appointment has been made. If prices of additional items have increased since the Client booked their session, they will only pay the prices at time of booking. It is the Client’s responsibility to make back-up copies of any digital images purchased to a reliable media source. Payment can be made by bank transfer, cash or card payment.
Cancellation: If the Photographer has to cancel the appointment, an alternative date will be offered where possible. Where not possible, the Photographer’s liability shall be limited to a full refund of the session fee. At least 5 days’ notice is required for Client cancellations. An alternative date will be offered where possible, but cannot be guaranteed. The Photographer understands that illnesses can develop suddenly. For this reason, should a session be cancelled with less than 5 days’ notice due to sickness, an alternative date will be offered where possible. Only two cancellations with less than 5 days’ notice are allowed before the session fee is retained.
Session Details: The Photographer will end the session at their discretion when it is determined that adequate images in terms of quality and quantity have been captured. The Photographer will make every effort to comply with requests for specific photos. Please ensure these are notified in advance of the session. Requests that are felt to be unsafe will be rejected. It may not be possible for all of the images requested, or those expected, to be captured. Natural environment sessions may be rescheduled due to rain, but not overcast weather. It is not permitted for the Client or any other connected party to take his or her own photographs, be it on a tablet, phone or camera. This includes location shoots and studio shoots whether they are paid or promotional shoots.
Late Arrival: If the Client arrives more than thirty minutes late for the session without informing the photographer via telephone or electronic communication, the session is immediately cancelled and the session fee paid will be non-refundable and non-transferrable.
Gift Certificates are non-refundable and non-transferable.
Model Release: The Client recognises that the Photographer may use any of the session images for business promotion, instructional purposes or as work samples, including but not limited to via internet (including social media) and promotional material.
Force Majeure: In the unlikely event of total photographic failure, injury or sickness beyond the Photographer’s control, our liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected.
Previews/Proofs: a) Although A Moment in Time Photography will do their best to produce the specified twenty to thirty proofs during the viewing session, there is no guarantee that any particular number of proofs will be produced.
It is illegal to attempt to download, or to attempt to remove a watermark from any image taken and posted online by A Moment in Time 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.
Data Protection: A Moment in Time Photography will store Client names, contact details and session information privately and will not share these with any other business or organisation.
Any booking fee paid to A Moment in Time Photography indicates that you have read and understood all the terms and conditions as set out in this document, in its entirety. Your payment signifies acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting our service. No variation of the terms and conditions of this contract shall be recognised unless explicitly agreed to in writing.
A Moment in Time Photography is by no means responsible for the quality of services (printing and other) provided by other 3rd parties.
Fulfilment of obligations: a) A Moment in Time 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 the Photographer’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.
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 A Moment in Time Photography.
Allergies: CAKE SMASH SESSION a) It is the Client’s responsibility to inform A Moment in Time Photography of any food allergy or intolerances the Client’s baby has prior to ordering the cake. A Moment in Time 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 the Photographer.
Due to the nature of custom photography, all images/sales are final and cannot be cancelled should your order any prints, books etc.
A Moment in Time Photography will keep all images on archive for a reasonable amount of time (at least 3 months from the date of completion), after which it may be permanently discarded. It is the Client’s responsibility to backup any digital files you receive.
What we do with the information we gather: We require this information to understand your needs and provide you with a better service, and in particular for 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. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail.
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.