Terms and Conditions

In the following Terms and Conditions:

Client(s)” shall mean those whose names appear on the contract.

Products” shall mean any frames, prints, USB memory sticks or other items listed in the Contract;

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.

 

Safety

The Client is responsible for the safety of all children on the photoshoot at all times and must ensure an adult other than the Kidshotz Photographer is supervising the children at all times.

 

Cancellation

All outdoor photoshoots are weather dependent and will be deferred if Kidshotz decides the weather forecast means the weather is unlikely to be suitable. The decision taken will be in consultation with the Client although the final decision will be made by Kidshotz Photography.

Should the Client need to cancel the photoshoot, they will need to do so 48 hours in advance.

 

Prices and Fees

An online gallery will remain in place for 14 days only to allow for the placement of the initial order. 

All product prices will be as provided at the time of booking and will be valid for a period of 12 months from the contract date. 

Any orders placed after 12 months from the contract date will be priced at the prices in effect at the time.

 

Payments

All payments are due immediately on receipt of an invoice from Kidshotz Photography. 

Payment for all products is due when the products are ordered. No products will be delivered until all payments have been received in full in cleared funds.

 

Copyright

Any images created under this contract whether stored digitally or in print form are protected by the Copyright and Related Rights Act, 2000 and as a result Kidshotz is the owner of these images and retains copyright of the images at all times unless there is an express written agreement to the contrary.

Under this Act it is illegal to copy, change or publish a digital image or print created as part of this contract in any way without the written permission of Kidshotz Photography.

 

Digital Image Copyright

The following copyright will apply if the Client purchases digital files from Kidshotz Photography.

“The Bearer is hereby granted permission by Kidshotz to reproduce the images and make an unlimited number of prints, for personal use only. This permission applies worldwide. The Bearer agrees that he/she may not use any Kidshotz images for commercial or editorial purposes or enter any Kidshotz images into any competition without the express written permission of Kidshotz Photography. Kidshotz retains the copyright to all images.”

By using any of the digital images after purchase, you are agreeing to the above terms.

  

Retention

Kidshotz will aim to retain the digital images for a minimum of 12 months from the contract date. 

Should the digital files be lost, damaged or destroyed within 12 months of the contract date Kidshotz Photography’s liability shall be limited to a full refund of any fees paid, but shall not include a refund for any goods already received.  Kidshotz will not be liable for any orders placed over 12 months after the contract date where the files are unavailable.

 

License

Whilst Kidshotz will make every effort to fulfil the Clients’ requirements, the photographs taken during the photoshoot will be at the discretion of Kidshotz and Kidshotz will not be held responsible in the event of non-availability of subjects, non-compliance of subjects or adverse conditions which may prevent certain specified shots.

 

Image Selection

Kidshotz reserves the right to edit and release only those images that meet her artistic standards. Once Kidshotz has made this selection any remaining images will be deleted.

The images will then be made available to the client using an online viewing gallery so that the client may select the images they wish to order.  This gallery is not available to the general public in the normal course of events. 

 

Image Reproduction

All print and presentation sizes quoted are approximate and may be subject to slight variation. 

Due to limitations of computer monitors and variations between computers, it is understood that images viewed on different computers may appear differently and that prints may not match images rendered on any particular computer.

 

Complaints

In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within 7 days of receiving the products purchased. This includes photographs, albums and frames.

 

Insurance & Limitation of Liability

Kidshotz will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.

Neither party shall be liable for any indirect or consequential loss.

 

Force Majeure

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.  A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.