Please find our terms and conditions below. We reserve the right to change these at any time.
portrait photography terms & conditions
1. The session fee pays for the time and talent of the photographer and for your in-person ordering appointment. It does not include any finished portraits. The session fee is due in advance of your portrait session to secure your appointment. Session fees are non-refundable, however with 48 hours notice your session can be rescheduled in case of an emergency.
2. If we have to cancel the session for reasons beyond our control (death, injury, sickness, etc.), our liability shall be limited to a full refund of all monies paid. If the appointment has to be cancelled due to adverse weather conditions a new, mutually-agreed appointment will be made.
3. If you have a sick child/pet on the day of the session please call to reschedule. If you try to keep the appointment, we will most likely request that you reschedule if we notice your child/pet is sick. Sick or uncomfortable children/pets do not like to be photographed and we know that you will not love your portraits nearly as much as if he or she was in good health.
4. Please bring only the subjects to be photographed to the session. This is especially important with kids and pets, as Kath or Mike will need their full attention, rather than looking at other members of the family. Of course parents are always welcome!
5. Kath and Mike (and their employees and representatives) shall be granted creative and artistic license in relation to the choice of locations and poses used. Our judgment on photographic style and the number of photographs taken shall be deemed correct. We will do our best to create requested photographs, however some photographs may not be possible due to changes in the weather and the availability and willingness of subjects. Unfortunately we cannot guarantee to create any specific picture nor to incorporate any specific background, location or group arrangement.
6. If we cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to illness of maraschino photography’s staff, then we shall return your booking fee 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 maraschino photography. In the event we fail to perform for any other reason, we shall not be liable for any amount in excess of the retail value of your order. Maraschino Ltd has full public liability and professional indemnity Insurance.
7. Maraschino Photography may substitute another photographer to take the photographs in the event of photographer’s illness or scheduling conflicts. In the event of such substitution, we warrant that the photographer taking the photographs shall be a competent professional.
8. You agree to hold harmless, Kath Cherry and Mike Howells, their representatives, employees and maraschino photography from any dispute in the event you become injured during your session or while on the studio premises. maraschino photography and its representatives will not be held liable for any injury incurred by you or your family, or any damage to your property during the photo session or while on studio premises.
9. You will view your portraits at a personally-attended slideshow. You will be asked to order at this time. Please make sure all decision makers are present, as additional ordering appointments incur a £50 fee. Once your order is placed in-person if there is a £500 minimum order, an online gallery will be available for 5 days to send to family & friends. After 5 days your slideshow and gallery are archived. There is a £50 fee to reload your gallery once it has expired. All unordered images are purged after 30 days.
10. While Kath and Mike capture many images during your session, you will see only those images selected by them, the artists, for previewing. They carefully render each image to ensure maximum artistry and technical perfection. Duplicates and images with eyes closed, heads turned, etc may not be shown and are removed from their archives permanently after the artist rendering is complete.
11. Due to the custom nature of the work, payment for your order must be placed in full and is subject to a 50% cancellation fee should you change your mind about an order after it is placed. Once an order is sent to the lab, it is deemed non- refundable. Payments may be made by cash, cheque, credit or debit cards. (American Express is not accepted). A payment plan is available.
12. Design work and custom graphics will be approved for color and layout in-person on our professionally color-calibrated monitors at the ordering appointment. Only font style, spelling and wording may be approved through electronically-emailed proof. In accordance with the accepted practices of professional photographers and photographic laboratories, the return of any technically acceptable photographs or demands for refund or refusal to settle charges on ordered products cannot be entertained on principle. No exception whatsoever can be made to this rule as we cannot be held responsible for individual tastes or expectations.
13. Please allow 4 weeks for your order to be completed. Some orders may take longer. Your portraits are an investment and an heirloom that should not be rushed. You will be notified by telephone or e-mail when your order is ready for pickup. We will arrange a mutually-convenient appointment with you for you to come and collect your portraits. If you are unable to pick up your order, we can ship your order to you for an additional charge. However we cannot be held responsible for damage in transit and any re-orders due to damage in transit must be paid for.
14. All ordered images are kept on file for a period of 1 year. Un-ordered images are removed from our archives after 30 days. Re-orders placed more than 60 days after the preview appointment require a minimum £150 re-order value.
15. The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs. Maraschino Photography retains full, unlimited, world-wide copyright on all photographs supplied. These photographs are solely for your personal display purposes. Violations include, but are not limited to, making illegal copies, scanning, printing from home or downloading from our website. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this law will be subject to its civil and criminal penalties. This is a standard condition for most professional photographers. Please understand, the photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and scar our reputation for providing superior portraits.
16. We shall only make reproductions for you or persons authorised by you, or for Maraschino Ltd’s portfolio, samples, self-promotions, advertising, entry in photographic contests or art exhibitions, editorial use, or for display within our studio and gallery. If we want to make other uses, we shall not do so without first obtaining permission from you. We may wish to release copyright or reproduction rights for the images for an agreed amount, which may not be passed to any third party whatsoever.
17. Please be aware that colour dyes in digital photography may fade or discolour over time due to the inherent qualities of dyes, and that we cannot be held liable for any claims based upon fading or discoloration due to such inherent qualities.
18. All quotes shall remain valid for 28 days. All other charges in this Agreement are based on our current price list. This price list may be adjusted without notice and future orders shall be charged at the prices in effect at the time when the order is placed.
19. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. English Law shall govern this Agreement.
20. Maraschino Ltd will store your name and address details on a private database. These details will not be made available to third parties. Should you wish to have your details removed from our database, please advise us in writing.