By booking a portrait experience with Kerto Studio you agree to these Terms and Conditions.

This contract is between Kerto Studio, in Winnersh, Wokingham, RG41 5EJ, hereafter known as the ‘Photographer’

AND

The person booking the session hereafter known as the ‘Client’.

This contract relates to the provision of photographic services in respect of a portrait session and the additional provision of prints of that session. As you are entering into a contract we can only do so with persons aged 18 and over. If you are under 18 we are unable to do business with you.

TERMS AND CONDITIONS
It is agreed that the following terms and conditions set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

PAYMENT AND PRICES
A non-refundable payment of the amount agreed in accompanying emails or website offers, secures the time and services of the Photographer for a booked session.

No attendance of the Photographer at a portrait session will occur until all fees due have been paid in full and cleared through the photographer’s bank account. The non-refundable payment is solely for the attendance, services and subsequent editing of the images and does not include any images to be supplied in any format unless stated otherwise.

Payment for prints/goods is to be made in full or via pre-sold gift voucher when they are ordered. The prices agreed for prints/goods on booking are guaranteed for 3 months after the issue of the gift voucher and thereafter may be subject to increase without notice.

COPYRIGHT
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. The Copyright and Design Act 1988 assigns the copyright of the images to the photographers. It is contrary to the Act, and therefore illegal, to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of the Photographer in writing.

DISPLAY
The Photographer may display any photographs included in this contract in his studio, website, social networking sites, portfolio, literature, display areas, exhibitions, competitions, advertising or slideshows. Please advise in writing if you do not want your images used in this way.

IMAGES
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors, it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. All print and presentation sizes quoted are approximate and subject to the discretion of the Photographer.

RETOUCHING
Retouching, digital manipulation and artist finishing is available to the Client but may not be included in the price and may be purchased as optional extras. Please check with Photographer if you are in any doubt what is included.

LICENCE
The Photographer shall be granted an artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Client’s requirements, the Photographer’s judgement regarding the location, poses and number of images taken shall be deemed correct. For bookings involving certain venues, the photographer’s movements are sometimes restricted by an official in charge or regulations in place.  The Photographer cannot accept responsibility for limited coverage in such cases. Whilst the Photographer shall endeavour to fulfil all the Client’s requirements, she cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain images requested.

ATTENDANCE
In the unlikely event of the assigned Photographer being unable to attend a session booking due to unforeseen circumstances, we reserve the right to re-arrange the photo session with you to another date suitable for you.

It is studio policy to take either a £25 booking fee or a session payment at the time of making a photo session booking. As photo sessions are very limited, this is to ensure fairness for all. Where taken booking fees are refundable in full as long as the first scheduled portrait experience and the first agreed viewing experience is attended. Failure to attend your first scheduled portrait experience or your first agreed viewing experience will forfeit the booking fee. Session payments are non-refundable. Portrait experiences are not confirmed until a booking fee or session payment has been paid. At the time of booking it will be made clear if you are making a refundable booking fee payment or a session payment. Please pay careful attention to the wording.

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 contract. Neither party shall be liable for any indirect or consequential loss.

CANCELLATION
The Client may cancel this contract at any time by giving written notice to the Photographer but in doing so shall forfeit any monies paid. Cancellation less than 72 hours before the agreed session date will result in payments made (including the booking fees and session payments) or vouchers redeemed being forfeited. Booking fees are refundable in full at your viewing as long as you attend your first scheduled photo session and first scheduled viewing appointment. At least 72 hours notice must be given to cancel/reschedule your appointment. Less than 72 hours will forfeit the booking fee or session payment.

Session bookings that are postponed to a later date will retain the booking fee as long as the photographer can re-schedule for the new date and time.

The photographer reserves the right to cancel without notice any experience booked as part of a giveaway or competition by a previous client meant for new clients only. In the event of any such cancellation all booking fees paid will be refunded in full.

NEGATIVES/DIGITAL FILES
Negatives/digital files remain the property of the Photographer. Edited digital files may be available for purchase at the rate set in the price list. When purchased the digital files will come with a license to print copies for personal usage. Any images supplied in an ‘App’ do not carry a license to print. Commercial usage is subject to an additional commercial usage fee, please ask for details.
In the event of purchased digital files being sent electronically, the act of the client downloading the images is the client agreeing that no further changes or alterations (including refunds) can be made to the order.

COMPLAINTS
Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images. In the unlikely event of a complaint being unresolved for 180 days from the date of receipt of the complaint, the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

 

Only one voucher/competition prize/offer can be used per family/household within a 12 month period.

You must be aged 18 or over to enter our competitions.

All prizes / offers are non-transferrable. You may only book a session for yourself. If you wish to book for a friend/relative, please contact us first or we reserve the right to cancel your booking.

All parts of all prizes must be used as described and cannot be exchanged for cash. No refunds are offered on part used or unused vouchers or prizes.

Vouchers/competition prizes/offers cannot be used in conjunction with any other offers.

Please note that at Kerto Studio all images come fully finished and/or framed as one of our stunning wall or desk portraits and include a corresponding social media size digital files. Full size digital images are available to purchase at additional cost per image.

Your pet portrait photo session must be booked by the expiry date shown and taken no later than shown as expiry date.

If you have a gift voucher, the voucher must be presented at the start of your photo session. Proof of purchase/photocopies are not accepted.

To claim any images or other parts of a prize or give-away included as a part of your voucher/prize/offer you must attend the session & viewing experience. We will never choose an image for you.

This means you must attend the session & viewing appointment to claim any parts of your give-away prize. Failure to attend both session & viewing will result in all parts of the prize being forfeited and passed to someone else.

Any included images will be supplied as stated and cannot be used as credit against or exchanged for other products.

 

GOVERNING LAW

This contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this contract.

The terms of this contract are deemed to have been accepted by way of making payment for a session/purchase of a gift voucher or payment of a booking fee.

The terms of this contract are deemed to have been accepted by undertaking a pet photo session with the Photographer.