Terms and Conditions – Claire Hirst (MagicHands Photography)

 

  1. It is understood that Claire Hirst (MagicHands Photography)
    is the exclusive official photographer retained to perform the photographic services requested on this Contract.
  2. Claire Hirst (MagicHands Photography) may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Claire Hirst (MagicHands Photography) warrants that the photographer taking the photographs shall be a competent professional.
  3. No part of any order, including previews, will be delivered until the balance is paid in full.
  4. Claire Hirst (MagicHands Photography) reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The client signing this contract warrants that he/she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Claire Hirst (MagicHands Photography) in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of Claire Hirst (MagicHands Photography)
  5. Upon signature, Claire Hirst (MagicHands Photography) shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the cancelled reservation, all sitting fees and deposits are non-refundable, even if the portrait is rescheduled or cancelled for any reason other than inclement weather.
  6. If, in the opinion of photographer, inclement weather, sickness or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Claire Hirst (MagicHands Photography) the photographer may elect to use an alternative location or reschedule the portrait.
  7. If Claire Hirst (MagicHands Photography) cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographer’s illness or emergency, then Claire Hirst (MagicHands Photography) shall return any deposit or sitting fee to the client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event that Claire Hirst (MagicHands Photography) fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
  8. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of the dyes, and Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
  9. The charges in the Contract are based on Claire Hirst’s (MagicHands Photography) 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.
  10. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Claire Hirst’s (MagicHands Photography) permission, and violators of this Law shall be subjected to its civil and criminal penalties.
  11. Upon booking the client shall agree a date upon which a consultation (where required) shall be made. This will be preferably in person but can also include via internet or telephone means if needs require. This is to discuss styles, colours and agree the look of the shoot as well as to determine any dietary requirements where appropriate.
  12. Once a date for the consultation has been agreed the client will pay a non-refundable reservation fee to hold the dates for the consultation and the photo shoot. This will be refunded against the cost of the photo-shoot on the day of the photo shoot.
  13. Payment can be made via cash, credit/debit card or through Paypal.
  14. Claire Hirst (MagicHands Photography) cheques unless the cheque is cleared 48 hours before the date of the consultation.
  15. Smoking is strictly prohibited within the building in any part. The client agrees to smoke only in outside areas if required.
  16. If alcohol is served during the shoot it will be to persons only over the age of 18 years. Should you – or any member of your party, appear to be under the age of 21 years the additional photographic I.D will be required.  Soft drinks are also available.
  17. Artistic style – On its own behalf, and of that of the subject, the client acknowledges that he/she is familiar with the photographer’s portfolio and is requesting services with the knowledge of the photographer’s style. He/she understands that the photographer’s work is constantly evolving and that the photographs may be different to those produced in the past.  The client understands that, in creating the photographs, the photographer reserves the right to use her own artistic judgement to create images consistent with her own personal vision of the photo-shoot.  This vision may well be different to that of the client and accordingly, the client acknowledges that the photographs shall not be rejected on the basis of taste and aesthetic criteria.
  18. You agree that, if any allergy or reaction previously unknown should occur as a direct result of attending a ‘makeover and shoot’, you will in the first instance contact your GP and then get in touch with us so we can take further future precautions.
  19. This Contract incorporates the entire understanding of the parties. Any modification of this Contract must be in writing and signed by both parties
  20.  If food and drink is served during the photo shoot it is at the discretion of Claire Hirst (MagicHands Photography) .  These are prepared in accordance with food safety guidelines and copies of relevant documentation is available to the client upon request.  The client agrees to make it known to Claier Hirst (MagicHands Photography)  if they have any special dietary or religious requirements or allergies that would be affected by the serving of foods and beverages.  Ingredient and allergy information can be made available to the client before the day of the photo-shoot upon request.

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