Definitions
For the purposes of this agreement;
“The Photographer” is Rachel Guilfoyle trading as MG Studio.
“The Client” means any person, body of persons, firm or Company with whom the Photographer enters a contract for the sale of goods or provision of services by the Photographer.
“Images” 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.
Copyright and Ownership of Materials
The entire copyright, title, and intellectual property rights of any Images will always remain that of The Photographer throughout the world.
Right to a Credit
The Photographer asserts both her moral right to be identified as the author of her work and the right to a credit (where possible) is asserted in accordance with Copyright & Related Rights Act, 2000 or any amendment or re-enactment thereof. Please credit ‘MG Studio’.
Artistic Release
The Client acknowledges and agrees that:
The Client has reviewed the Photographer’s previous work and portfolio and has a reasonable expectation that the Photographer will perform the Services in a similar style.
The Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with the Photographer’s aesthetic judgement or artistic ability are not valid reasons for requesting a refund.
Creative Licence You grant the photographer full creative licence to shoot, select images and deliver them in the style and method chosen by the photographer and reflective of their style and quality advertised by the photographer.
Costs, Fees and Payments
A deposit of €50 is required to secure the date and time agreed upon. A late fee of €20 will be added if the client is over 20 minutes late for session. These fees are non-refundable. Without full payment, client will not receive images from the session, until payment has been received in full.
Refunds Policy
In the case of camera failure, inclement weather, or any other unforeseen incident that prevents MG Studio from shooting on a scheduled date, a new date will be scheduled, or client will be refunded of their deposit, if applicable.
No refund will be given under any circumstances if you fail to attend the activity on the day and at the time listed, when the booking was made.
No refund will be given under any circumstances if you fail to attend the activity on the day and at the time listed, when the booking was made.
Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned; MG Studio has a strict NO REFUNDS POLICY. Once a transaction has been completed and the client has downloaded the images it is then considered non-refundable.
Please note that MG Studio will be notified once the photographs are downloaded and viewed by the client.
Cancellation or Postponement by the Client
If a confirmed booking is cancelled by the client, there will be no refund on the deposit fee. The deposit fee will be moved over to a rescheduled session if the client reschedules a new date within 2 weeks of cancelling their original session.
Cancellation by the Photographer
In the event of such cancellation by The Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to the Photographer by the Client at that time.
Client Confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to her, save as to be reasonably necessary to enable the Photographer to carry out her obligations in relation to the work.
Booking
The Client will be required to complete a Booking Form (via email or hardcopy). On receipt of a completed booking form, The Photographer will send an email as confirmation. The booking will then be considered Confirmed.
Once the Client has made a booking for a specific time and date and this date/time has been Confirmed by The Photographer, The Photographer will not accept any other work from other clients for those times and dates.
Liability and Indemnity
It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify The Photographer against all expenses, damages, claims, or legal costs arising out of any such failure.
Variation
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.