• Lucy Baum Photography Terms and Conditions

  • Thank you for choosing Lucy Baum Photography for your photo needs! In booking with Lucy Baum, these are the terms you are agreeing and are contractually binding yourself to. This covers the expectations of both the clients and the photographer. Lucy appreciates your understanding that this is a business whose success relies on structure. A clear and strong process helps Lucy to do what she does best – provide a wonderful experience for your family and create beautiful, lasting memories!

    In the following conditions "The Photographer(s)" shall mean Lucy Baum "The Client(s)" shall be the person(s) paying for photographic services.

    Copyright and Ownership: In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by The Photographer is owned by The Photographer.  Unless The Photographer gives written authorization, The Client is forbidden by law to copy any images created by The Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by The Photographer shall only be carried out by The Photographer. The license to reproduce such images is granted to The Client on the understanding that all invoices are paid within The Photographer's stated payment terms.

    Reproduction rights (if and when granted) are strictly limited to the use specified on The Photographer's invoice and/or quotation. An agreement must be reached with The Photographer before the pictures are used for a different purpose or after the license to use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on The Photographers invoice and/or quotation.

    These are standard terms under which most professional Photographers operate.

    Payment: The session photos and any products will only be released once payment in full has been received.

    First payment for a regular photo session, acts as a retainer for services and covers the time together during the photo session. Online payment via PayPal is preferred (and you can pay by your PayPal account or by credit card). Once The Client and The Photographer have agreed to time(s) and date(s) for a photography assignment and the payment made to secure the date, The Photographer will not accept other work from any other clients for that time(s) and date(s).

    Remaining package payment must be completed prior to photo delivery. Online payment via PayPal is preferred (and you can pay by your PayPal account or by credit card). The Client will be notified when the photos are ready and at that time, payment arrangements may be made and an appointment will be made for photo delivery.

    Rescheduling: A session may be rescheduled once to accommodate for a family’s changing circumstances. Should a session be rescheduled twice, the session will be subject to a $50 rescheduling fee, which will be added to the invoice. The Photographer cannot guarantee a rescheduled session within a requested timeframe, due to previous bookings.

    Client cancellation: A cancelled booking within 72 hours of the scheduled session forfeits the retainer. Exception may be made in case of an urgent situation such as critical illness, injury or death in the family.

     

  • Photographer cancellation: If The Photographer must cancel the session for reasons beyond their control (critical illness, injury, or death in the family, fire, strike, act of God or other cause beyond their control) her liability shall be limited to a full refund of all monies paid and 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 The Photographer fails to perform for any other reason, she shall not be liable for any amount in excess of the retail value of your order.

    Weather policy: If the appointment has to be cancelled due to adverse weather conditions a new, mutually agreed appointment will be made. An overcast day does not constitute adverse weather conditions.

    Refund Policy: The Photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made, as she cannot be held responsible for individual tastes or exceptions. The client is presumed to have viewed work previously done by The Photographer and is aware of the style of photographs that will be received.

    Digital file Guidelines: Digital files are provided via online gallery which will be made available for clients who have paid a session in full. It is highly recommended that you download photos from the gallery to another location, in order to have a backup. 

    Web-ready files are permitted for use online (email, social media outlets). The smaller file size is optimized for load times Print-ready files are intended only for printing.

    The Photographer is not liable for any incompatibility that may be incurred in playing back such images due to The Client’s equipment nor the visual presentation of prints obtained from such files owing to the incorrect use of colour profiling on The Client’s or third party’s equipment.

    It is not permitted to modify digital files in any way to be posted online (photo treatments, cropping), under any circumstances, as the photographs are solely the creation of The Photographer and are under copyright.

    All pictures purchased are presumed to have been received in good condition unless The Client notifies The Photographer in writing of any discrepancy or error within 7 days of receipt.

    The Photographer will seek to provide a pleasing colour balance but cannot guarantee exact colour matching. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

    Artistic Guidelines: The Photographer (and any employees and representatives) shall be granted creative and artistic license in relation to the choice of locations and poses used. Her judgment on photographic style and the number of photographs taken shall be deemed correct. She will do her best to create requested photographs, however some photographs may not be possible due to changes in the weather, lighting conditions and the availability and willingness of subjects. Unfortunately she cannot guarantee to create any specific picture or pose or to incorporate any specific background, location or group arrangement.

    Safety: The Photographer will never request poses or photographs that could endanger any clients and retains a right to refuse to create images where she feels any client is placed at risk.

    The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.

    Model Release: The client hereby grants to The Photographer and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of The Client and/or his or her family or in which The Client and/or his or her family may be included, for editorial, display, portfolio, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same.  The Client hereby releases The Photographer and its legal representatives and assigns from all claims and liability relating to said photographs. The Client agreeing to the terms warrants that he or she has the actual authority to agree to the use of the likeness of all persons included in the photographs in this manner and shall indemnify and defend The Photographer in the event of litigation arising out of such use.

    The Photographer will always use the utmost respect and discretion in using The Client’s photographs and will never use the photographs in a way that will disrespect The Client or their families. Names need not be used when promoting photographs.

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