Terms and Conditions.
The following Terms and Conditions of Service apply to all photographic services, excluding wedding photography, provided by Irina Duane Photography. All work is carried out by Irina Duane Photography on the understanding that the client has agreed to the following Terms and Conditions of Service.
1. Business Hours. Regular sessions Monday - Saturday by appointment only.
2. Deposit/ Session Fee. The Session Fee is due on booking to secure your space, this DO NOT include any prints or digitals. The Session Fee covers the photographer’s time in processing your booking, travelling to and from location additional charges may apply depends on your location, photo session and creative editing. The Session Fee is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Sessions that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
3. The Session. The session takes up to 90 minutes. Irina Duane Photography will discuss with the Client during the consultation the where and what time the session will take place. It is essential that the Client arrives at the agreed time. Up to 15 minutes of lateness will be accepted, however, it will be taken away from your 90 minutes session time. Irina Duane Photography shall be entitled to use her judgement regarding the style and flow of the session.
4. Location Permits. The client is responsible for acquiring any and all permits and necessary permission for all locations on which the photographer will be performing services. The photographer is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client's responsibility; the photographer can offer technical recommendations only.
5. Fulfilment of Obligations. The parties agree to positive cooperation and communication for the best possible result. Irina Duane Photography cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the location restrictions. Irina Duane Photography is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. In the event of uncooperative children at a session, Irina Duane Photography may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions. There is no guarantee that any particular number of proofs will be produced.
6. Artistic Input. Irina Duane Photography shall be entitled to use her judgement regarding the style and artistic input in the production of photographs. The editing process is a large part of the finished image and reflects the artistic style of Irina Duane Photography. Images are fully edited before presenting to Client. Additional edits are carried out at the discretion of Irina Duane Photography, and Irina Duane Photography reserves the right to charge the Client for additional editing to cover time involved. Raw files are not available for purchase by the client.
7. Payment. For all orders, payment is due in full at time of order. All orders are final and cannot be changed or refunded for any reason. All non-purchased galleries will be automatically deleted without notice from online and offline systems 60 days from the date of invoice if there are no further instructions received.
8. Image Delivery. The digital images will be supplied in JPEG format in a password-protected online gallery for digital download. The Client will be emailed a link to their online gallery. Delivery of the digital files via an online gallery releases the Photographer from any liability due to loss or damage of the digital images and also releases the Photographer from any obligation to maintain copies of any digital file, image, or photograph. The Client is responsible for downloading their digital gallery and creating back-ups of the digital content. It is recommended the Client securely backs up the digital images on a computer and an external hard drive for safekeeping. Galleries are accessible online for 6 months from the date the email link is sent to the Client.
9. Prints and Products. If you order any artwork product, a proofed layout of the artwork product, together with any options available to you, will be submitted to you for approval before the artwork product is printed. You will be liable for any costs associated with any changes requested after you have approved the proofed layout. The standard turnaround time is typically up to 4-5 weeks. All orders must be paid in full at the time of order. Guest orders should be made via email. Any charges incurred in shipping prints or products will be billed to the client if there are no further instructions received.
10. Copyright. Irina Duane Photography owns the copyright in all photographs. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Irina Duane Photography. The Client may not alter or add to or manipulate a picture by any means or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without photographer’s written permission. Permission to reproduce a picture for personal use (not commercial) is granted to the Client by Irina Duane Photography only when digital images are purchased and paid in full by the Client to Irina Duane Photography.
11. Limitation of Liability. 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 chosen package. Neither party shall be liable for indirect or consequential loss.
12. Complaints. Any complaints should first be raised by the Client with Irina Duane Photography in writing within 14 days from the date of receipt of images.
13. Reshoot. Reshoots will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the photographer.
14. Refund. Due to the nature of digital photography and the fact the photographs, once sent/ downloaded, cannot be returned. Once a transaction has been completed (i.e. the buyer selected and paid for the photo session and then Irina Duane Photography sent the buyer the correct photography) it is then considered non-refundable.