Terms & Conditions

General

It is mutually agreed that the following terms and conditions form an integral part of this contract / invoice and that no variation or modification of this contract shall be effective unless accepted by Shruti Shah, from ‘Shruti Shah Photography’ trading under i-Creatives Ltd, in writing.
We reserve the right to amend these Terms and Conditions without prior notice.

Meaning of Words

‘We’ / ‘us’ / ‘our’ / ‘the Photographer’ refers to ‘Shruti Shah Photography’ / i-Creatives Ltd, as appropriate in the context.
‘You’ / ‘your’ / ‘the Client’ refers to you or people stated on the contract being photographed.

Law

These terms and conditions shall be governed and construed in accordance with the Laws of England.

Copyright

Under the 1988 Copyright Act it is the Photographer who owns the copyright of the photos taken. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless express permission has been granted by the Photographer.
You may not (either personally or via a third party) 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, unless express permission has been granted by the Photographer.
The Photographer may agree to release copyright or reproduction rights for the images for an agreed amount, which may not be passed to any third party whatsoever.

Licence

The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.

Photographs

The Photographer will provide a pleasing colour balance, but cannot guarantee exact colour matching. In the case of part mono / part colour images, the colours used will be subject to the Photographer’s artistic interpretation and will be deemed to be correct.
All photographs supplied by the Photographer are produced to the highest standards. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer cannot accept any responsibility for this gradual image deterioration.
All pictures / products 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.
While the Photographer capture many images during your session, you will see only those images selected by them, for previewing. The Photographers will carefully render each image to ensure optimum 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.

Payment

The session fee pays for the time and talent of the Photographer. It does not include any finished photographs, printed products or digital files. The session fee is due in advance of your session, unless otherwise agreed by the Photographer, to secure your appointment. Session fees are non-refundable, however with 48 hours notice your session can be rescheduled in case of an emergency.

Due to the custom nature of the work, payment for your order must be placed in full. No orders will be processed until full payment is received. Once an order is sent to the lab, it is deemed non-refundable. Payments may be made by online transfer to i-Creatives Ltd’s bank account.

Proofs & Orders

Please allow approximately 3-4 weeks following your session for you and your family to come back to our studio to view the photo gallery from your session.

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. The Photographer 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, the Photographer can ship your order to you for an additional charge. However, the Photographer cannot be held responsible for damage in transit and any re-orders due to damage in transit must be paid for.

Album Design

All proofing of custom album designs will take place in the studio of Shruti Shah Photography. Client must sign an agreement before albums orders are printed.

Prices

All services and / or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
All reprint orders shall be treated as an extension of this contract.

Cancellation Charges

If the appointment has to be cancelled due to adverse weather conditions a new, mutually-agreed appointment will be made.
If you have a sick child on the day of the session, please call to reschedule. If you try to keep the appointment, the Photographer will most likely request that you reschedule if we notice that your child is sick, or your baby is uncomfortable / unsettled making it difficult for us to create portraits that you will love. It is best to take the photos when your child is in good health and settled.

No refund is available on session fees. No refund is available on any products once payment is made for them or they have been sent to the lab for printing.

Refunds

Except for the circumstances stated in the Cancellation section, if the Client does not give 48 hours notice to cancel the photography session, no refund will be given for the session fee.
The Photographer will not refund, nor accept the refusal to pay charges for, any technically acceptable photographs supplied either in print or in electronic format. No exception can be made as the Photographer cannot be held responsible for individual tastes or exceptions.
Once an order has been placed, the Photographer will not offer a refund. The Photographer may at their discretion allow the Client to place an order for different products with the same value. This will not affect the Client’s statutory rights.

Force Majeure

Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographer owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, bad weather conditions, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographer, liability shall be limited to a full refund of all monies paid.

Data Protection

The Photographer 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.
Original digital images are kept on an active file for six months, after which time they may be deleted. Digital images purchased will be stored up to three years.

Photo Session

Please do not bring your own camera or recording equipment to the session. If a camera is present, the Photographer will have to request that it be put away and this could be a very awkward moment which the Photographer would like to avoid.

Digital Files

The Client will not receive or hold any rights to the original raw or unedited digital files. These are the intellectual property of the Photographer.
Please note the Photographer is not responsible or liable for the corruption or damage to any of digital files once the USB stick / CD is handed over to the Client.

For any printed products purchased by the Client, the Photographer will provide digital files only of the exact same images at 8 by 10 print size only set at 300dpi.

The Photographer is not responsible or liable of any printed products the Client under takes with their own choice of supplier.

Marketing / Promotion

Photographs taken by Photographer may be used for the purposes of display, advertising, portfolio, social media, website or any publication to promote my business.
The Client agrees that they will not be compensated for any monies the Photographer receives after using the Clients images to promote the Shruti Shah Photography business.

Social Media

If digital files are purchased, the Photographer will provide watermarked digital files for the Client to post on personal, other websites and social media sites. Please do not post any images from the photo session without permission and the Shruti Shah Photography watermark.
Occasionally, the Photographer will send the Client a sneak peek image from the photo session which the Client can post online, but must tag it to www.shrutishahphotography.co.uk.

Liability

The Client agrees to hold harmless, the Photographers and their representatives, from any dispute in the event the Client becomes injured during their session or while on the studio premises.
The Client agrees to hold harmless, the Photographers and their representatives, from any dispute in the event there is damage to the Client’s property during their session or while on the studio premises.
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the Client arising from delay or damage in transit to any products or digital files.

Shruti Shah photography is trading under i-Creatives Limited, a Company registered in England.

Registered office address: Middlesex, HA5 4QE