1. The session fee pays for the time of the photographer, the studio, and your ordering appointment. It does not include any finished portraits unless detailed as part of a special offer. The session fee is due in advance of your portrait session to secure your appointment(s). Session fees are non-refundable.
2. Cancellation policy – sessions. Should you need to reschedule your portrait session then just give us a ring on 07734205407. Provided that you have given 48 hours’ notice we can reschedule without any additional cost. The exception to this 48-hour notice period is illness. If anybody is ill on the day of your session, please don’t come! Sick people or pets aren’t going to be feeling or looking their best and we want to create pictures that you’ll absolutely fall in love with. It’s much better to reschedule than to just push on regardless. If you reschedule within this 48-hour notice period, for any reason other than illness, then your entire session fee would be forfeit and another session fee would become due. Session fees are non-refundable in their entirety, including any credit towards your order. However, provided you have kept to the terms of this cancellation policy we can reschedule your session, up to a year from your original booking date, at no additional charge. Subject to availability of course.
3. 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.
4. 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. In addition, we will, of course, be complying with best practice regarding the management of Covid 19 (see below) and any government regulations that may be in force at the time.
5. Members of your party Please bring only the subjects to be photographed to the session. This is especially important with kids and pets, as Kath will need their full attention, rather than looking at other members of the family. Of course, parents are always welcome!
6. Artistic licence Kath (and her employees and representatives) shall be granted creative and artistic license concerning the choice of locations and poses used. Her 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. Please also note that all newborn babies are different. Some are a lot more flexible than others. Therefore not every baby is capable of, or comfortable in, every pose. We will never force a pose and will always keep Baby comfortable. Therefore not every baby will be able to be photographed in every pose. Regardless, Kath always ensures you have a collection of portraits that delight you.
7. Limit to Liability 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 session fee but shall have no further liability concerning the Agreement. This limitation on liability shall also apply if 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.
8. Substitution Maraschino Photography may substitute another photographer to take the photographs in the event of the 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.
9. You agree to hold harmless, Kath Cherry, her 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.
10. Purchasing your portraits You will view your portraits at an ordering appointment which will be either online or personally-attended (subject to any pertinent Covid-related restrictions allowing). This is when your portrait order is taken. Please make sure all decision-makers are present, as additional ordering appointments incur a £25 fee. All unordered images are purged after 30 days. Payment may be made by bank transfer or cash.
11. Portrait selection While Kath captures many images during your session, you will see only those portraits selected by her, the artist, for previewing. Each portrait is comprehensively digitally processed. This includes careful rendering to ensure maximum artistry and technical perfection. Duplicates, images with eyes closed, heads turned, etc will not be shown and are removed from our archives permanently after the artist’s rendering is complete.
12. Payment due dates and cancellation policy for orders. Due to the custom nature of the work, payment for your order must be placed in full at the ordering appointment. 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. A payment plan may be available if agreed upon at your ordering appointment. Please note that if you choose a payment plan, your finished products will not be available to you until payment has been received in full.
13. Artwork approval Design work and custom graphics will be approved for colour and layout in-person on our professionally colour-calibrated monitors at the ordering appointment. Only font style, spelling and wording may be approved through electronically-emailed proof. Per 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.
14. Order lead time Please allow 4 weeks for your order to be completed. Some products 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 collection. We will arrange a mutually convenient appointment with you for you to come and collect your portraits from the studio. 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.
15. Archiving of your portraits All ordered images are kept on file for 1 year. Unordered images are removed from our archives after 30 days. Re-orders placed more than 60 days after the ordering appointment require a minimum £150 re-order value.
16. Copyright The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs. Maraschino Photography retains full, unlimited, worldwide 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, that 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. Digital collections are the only product we supply with printing rights – limited exclusively to your personal (non-business) use, unless agreed with us in writing before the photoshoot.
17. Limits to our use of your portraits 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.
18. Pricing All 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.
18. 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.