“The Photographer” means any photographer working for or on behalf of Mama Bear Portraits.
“The Client” means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
“Images” and/or “Photographs” means all photographic material including but not limited to photographs, prints, digital scans, video files, digital files, digital image, artwork, montages and other type of physical or electronic material and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material and which may be offered for the purpose of reproduction and which has been created by the Photographer.
“Reproduction” includes any form of publication or copying of the whole or part of any photograph whether altered or not and whether by printing, photography, projection (whether to an audience or not), electronic or mechanical reproduction or storage, electronic transmission or for any use as an artist’s reference or illustration, or in a layout or presentation to include non-commercial image sharing internet resources.
2. Acceptance of Terms and Conditions
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.
3. Copyright and Ownership and Delivery
In accordance with the Irish Copyright and Related Rights Act 2001 all images created by the Photographer are owned by the Photographer. Unless otherwise stated, the client will receive an edited selection of high-resolution JPEG digital images . The entire copyright of the images is retained by the Photographer at all times throughout the world.
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. Should the Client request copies of images after initial delivery, the Photographer will, where possible, make them available for future reproduction in return for the relevant fee. RAW unedited images are not to be shared with the Client.
The Photographer reserves the right to make reproductions of images created during any and all assignments, commissions or employment terms for marketing, promotional, competition and editorial purposes if permitted by the Client.
Images are available to the Client through the online gallery for a period of 2 weeks which may be extended if required. Only person or persons nominated by a company or organisation will be granted access to the Images after the photo session. Once the Client downloads the Images they will be responsible for the protection of that data under their own company Data Protection Policy.
The Photographer will retain the original files for a period of 3 years after which it is deemed his obligations to the Client have been fulfilled.
4. Cancellations and Deposit
Deposits are strictly non-refundable unless the Photographer has to cancel the photo session because of health or personal reasons. The photo session will be rescheduled if the Client gives an appropriate notice (not less than 24h prior to the session unless force majeure occurs).
5. Payment Terms
To secure your booking the Client must pay non-refundable deposit. The rest is payable strictly on the day of the photo shoot. The fee for additional photographs or any other additional services must be paid in full at the time of ordering that extra service.
6. Retention of Title
The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Photographer have been paid in full. Furthermore, the licence to reproduce images created by the Photographer will also be revoked until payment has been made.
7. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
8. Editing and Printing
The Photographer's lifestyle editing of the images is consistent with one the Client can view throughout my portfolio, the editing is my unique style and the Photographer does not adapt it to different screens the Client may view them on which may show different brightness/colours due to not being calibrated properly. The Photographer is not responsible for printing results and the quality if the Client order prints elsewhere.
Mama Bear Portraits acknowledges that in the performances of the services, they may receive information from the Client which is designated by the Client as confidential. The Photographer agrees to keep this information confidential and not to disclose such information to other parties except as requested by the client, required by law or as deemed reasonably necessary to enable Mama Bear Portraits to carry out their obligations in relation to the commission.
The Client shall be responsible for the behaviour of any persons accompanying them to photo session. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 5 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums:
Public Liability: Limit of indemnity – €7 000 000 any accident unlimited in the period of insurance.
12. Delivery of Products and Services
The supply of products and services are provided by the Photographer on a best endeavours basis.
The Photographer will not be liable for delays that are beyond his reasonable control. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable.
The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
13. Prices & Terms
The Photographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
14. Rush Services
The Photographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
15. Images/Data Supplied in Electronic Format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, USBs etc), The Photographer will endeavour to ensure that the data sent is not corrupt. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data.
This Agreement shall be subject to and constructed according to the laws of the Republic of Ireland. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
17. Late to your photo session conditions
If you are running 15-20min late please let me know and we might need to reschedule your session for another day/time. If you are late I will leave it to my judgement if we are able to make the 1h (or longer) shoot in the time you have left off your session. If I do not have another client after your session we might extend the session for another 30mins for extra pay, please keep that in mind. Please try to plan ahead and be here in time.
18. Screenshots of the preview gallery
Please avoid taking screenshots of the preview gallery, the preview photos will have my watermark on and the gallery is of lower quality not fully edited only for the purpose of selecting your final images for me to work on. If you make a screen shot and share it, it downgrades the quality of my work and will look horrible on any social media.
You can spend you credit on products from this specific session, you can choose to spend it on extra edited digitals, art prints, canvas or framed prints. Please note that prints and all the art work will be sent directly to you and the shipping fee will apply.
You must use the credit when finalising your gallery, as it will expire and will not be available any longer after you receive your final edited images.
Credit can not be transferred towards a new photo session and can not be refunded to you if you miss the deadline to order your extras/do not wish to order any extras.