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Terms of service

The acceptance of the booking with Natasha Clarke Photography Ltd is based upon an agreement by CLIENT (you) of the following terms and conditions as outlined  below:


1. Scope of Work

Natasha Clarke Photography Ltd and CLIENT are to arrive for the Photoshoot at the agreed time and location which will be confirmed 7 days prior to the photoshoot. Refer to the invoice for details regarding products, inclusions, and fees. 


2. Deposit and Payment

The CLIENT shall make a non-refundable deposit (amount varies by package) via bank transfer to Natasha Clarke Photography Ltd  to perform the services specified in the invoice. Upon receiving your deposit, Natasha Clarke Photography Ltd will reserve the time and date agreed upon, and will not make other reservations for that time and date.


Upon payment, Natasha Clarke Photography Ltd  will reserve the time and date agreed upon by both parties exclusively for you. The full amount must be paid at least 1 day prior to the date of photoshoot. No services will be completed until full payment is made. In the event that payment is dishonoured after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received. 


3. Work Product

All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 2 weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. When the online gallery is delivered, it shall remain open for 3 months from delivery date.  Requests for additional photographs or changes to images shall be made within 14 days following delivery of the online gallery. Be advised that RAW files may be destroyed at any time after the online gallery has closed. The CLIENT may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written licence of Natasha Clarke Photography Ltd.


4. Postponement or Cancellation

Natasha Clarke Photography Ltd understands that illnesses are common amongst babies and children. If the CLIENT needs to postpone a shoot due to illness, every effort will be made to reschedule the session.


If a CLIENT cancels this agreement, giving less than 24 hours notice prior to the date of the photoshoot, it will be at the discretion of Natasha Clarke Photography Ltd as to whether the photoshoot can be rearranged or whether all payments will be forfeited and released to Natasha Clarke Photography Ltd unconditionally. 


5. Indemnification

5.1 If Natasha Clarke Photography Ltd is unable to perform the services in this contract due to bad weather, every effort will be made by the Natasha Clarke Photography Ltd to find an alternative date for the shoot. Natasha Clarke Photography Ltd will return in full all payments made by CLIENT to Natasha Clarke Photography Ltd in relation to this photoshoot if a substitute date cannot be found.  


5.2 If Natasha Clarke Photography Ltd is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Natasha Clarke Photography Ltd, Natasha Clarke Photography Ltd will  not be liable for any consequential loss arising from the non-delivery, and the liability of Natasha Clarke Photography Ltd to the Client should be limited to the repayment of amounts paid to Natasha Clarke Photography Ltd under this Agreement. 


5.3 CLIENT understands and agrees that Natasha Clarke Photography Ltd is not required to maintain copies of the photos from this photoshoot one month after the online gallery has been delivered to CLIENT. CLIENT will have one month after gallery delivery to make Natasha Clarke Photography Ltd  aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this one month term has expired, Natasha Clarke Photography Ltd will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots.


5.4 CLIENT agrees to indemnify and hold Natasha Clarke Photography Ltd harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding the photoshoot (including any personal injury arising from or connected with any negligent act or omission on the part of Natasha Clarke Photography Ltd).


5.5 CLIENT agrees to indemnify Natasha Clarke Photography Ltd and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis),  contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement. 


5.6 Natasha Clarke Photography Ltd retains the right of discretion in selecting the photographic materials released to the client. 


5.7 The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Natasha Clarke Photography Ltd. The CLIENT should take time to review the portfolio of Natasha Clarke Photography Ltd to make sure they like the style of photography. 


6.  Copyright and Model Release

6.1 Natasha Clarke Photography Ltd shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on Natasha Clarke Photography Ltd’s website and/or studio. CLIENT releases Natasha Clarke Photography Ltd from all claims and liability in relation to the photographs and any use by Natasha Clarke Photography Ltd which is consistent with this agreement.


6.2 Should the images contain a child or children, CLIENT as parent or guardian of the child gives permission for the images to be used and published by Natasha Clarke Photography Ltd, including for the purposes of the reproductions under clause 6.1.


6.3 If Natasha Clarke Photography Ltd desires to make other commercial uses of the images to promote the commercial interests of any business other than Natasha Clarke Photography Ltd’s own business, Natasha Clarke Photography Ltd must not do so without first obtaining the written permission of the CLIENT. 


7. Social Media and Personal Use License

In consideration of the payment of monies due under this agreement, Natasha Clarke Photography Ltd grants CLIENT a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by Natasha Clarke Photography Ltd as follows:


7.1 CLIENT may share the web or high res photos delivered by Natasha Clarke Photography Ltd on CLIENT’s personal and business social media accounts, provided that in each such post CLIENT must credit/tag Natasha Clarke Photography Ltd.


7.2 This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Natasha Clarke Photography Ltd’s moral rights.


7.3 CLIENT may print web or high res photos delivered by Natasha Clarke Photography Ltd or downloaded from the photo gallery for their personal use, and:

a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;

b: must not use the printed photos for advertising or commercial purposes; and

c: must not submit or enter the photos into any competition.

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