Terms & Conditions

ENTIRE AGREEMENT

This Photography Client Contract (the "Contract") constitutes the entire agreement between OMS Photography, hereinafter referred to as the "Photographer," and Client, hereinafter referred to as the "Client," relating to the photography services to be provided. This Contract supersedes any prior discussions, representations, or agreements, whether written or oral, between the parties.

LIABILITY

The Photographer shall diligently exercise care and skill in the capture and delivery of photographs. However, unforeseeable circumstances, encompassing, but not restricted to equipment malfunctions, adverse weather conditions, or other unexpected incidents, absolve the Photographer from any liability pertaining to damages, missed opportunities, or any claims arising from the provision of photography services. In the rare situation where the Photographer is unable to fulfil the terms outlined in this contract due to injury, illness, acts of nature, terrorism, or any other uncontrollable force, all retainers and fees shall be promptly returned to the Client. Subsequently, no further obligations shall be held by the Photographer under this contract. The Photographer has implemented established practices to minimise the risk of image loss or damage. In the improbable event of the loss, theft, or destruction of digital files due to uncontrollable factors such as camera malfunction, equipment failure, or other external causes, the Photographer's liability is confined to the reimbursement of all payments received for the photography session.

PRICE

The Client hereby undertakes to remunerate the Photographer an agreed-upon amount, as a gesture of appreciation for the services to be provided by OMS Photography. The entire stipulated cost remains payable, even in the event that the Client concludes the shoot before the predetermined conclusion time as outlined in this agreement.

RETAINER AND PAYMENT

The Photographer will secure the designated service time and date upon receipt of this contract, accompanied by a non-refundable and non-transferable retainer fee, equivalent to £99 “booking fee”. Reservation is only confirmed upon receipt of both contract and retainer. The remaining payment for photography services must be settled in its entirety upon viewing session, unless agreed otherwise. The Photographer is not accountable for reminding the Client about payment deadlines. Failure to adhere to the specified payment schedule empowers the Photographer to promptly terminate this agreement without any subsequent obligations, while retaining any pre-paid amounts.

CANCELLATION

At the time the contract takes effect, the Photographer shall secure the mutually agreed-upon date and time, refraining from making any other bookings or accepting additional clients for said timeframe. Consequently, should the Client choose to cancel this contract for any rationale, the Photographer shall retain all payments received as compensation for potential business loss.

RESCHEDULING AND LATE ARRIVALS

Should the Client intend to reschedule a session, notification must be provided at least 48 hours prior to the studio time. Rescheduling is contingent upon the Photographer's availability and must occur within 20 days of the original appointment. Late arrivals will result in a corresponding deduction from the allotted session duration.

SAFETY

The Photographer maintains the authority to cease coverage and depart the shoot location if faced with inappropriate, hostile, threatening, or offensive conduct by any individual(s) present, or if the Photographer's safety is compromised. The photographer is trained in newborn photography and will ensure that your baby is handled with care and precision when in the photography studio. OMS Photography do not use the ‘froggy pose’, even if it is requested.

CAPTURE AND DELIVERY

The selection of images provided to the client is at the Photographer's discretion. The client shall receive their edited, high-resolution JPEG images through an online gallery within a maximum of three weeks after the session. A viewing session will take place, this is the time to choose your photos, select the ones you would like printed and order any additional wall art. Your order will then be ready within four weeks after the viewing session.

POST PRODUCTION AND EDITING

The ultimate post-production, editing techniques, effects, and overall visual aesthetic of the images are within the Photographer's prerogative. Raw files will not be issued to the client. Images will solely be delivered in high-resolution edited JPEG format. After the presentation of final edited copies to the client, no further re-editing shall take place.

ARCHIVING PHOTOGRAPHS

The Photographer will retain digital copies of all captured photos for the client's archive for a duration of six months. However, the Photographer cannot assure the availability of backup photographs, prints, or data beyond this timeframe.

The Photographer retains the copyright of the photographs. The images captured by the Photographer are intended for personal use by the clients, as well as their friends and relatives. Any form of sale, publication, or commercial utilization of the photographs requires explicit written permission from the Photographer beforehand. OMS Photography retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.

MODEL RELEASE

The Client hereby grants the Photographer an unrestricted right to utilise and publish photographs featuring the Client or wherein the Client is included, for purposes encompassing editorial, trade, advertising, educational, and any other context, across all forms of media and platforms. This right extends to unrestricted alteration and copyrighting. Additionally, the Client waives any claims to profits arising from image utilisation.

Clients may opt out of allowing photographs being used for marketing purposes and therefore must be stated on the contract.

Any questions and issues raised, must be addressed in writing to info@omsphotography.co.uk.