Terms and conditions
THE NITTY GRITTY
Please see below for Pawtrait's full terms and conditions. Terms and conditions are subject to change. Pawtrait is a registered business name (562125) trading under Audrey Dalton Photography. The registered business address is Cherrylane Gallery, Cherrycourt, Killincarraig, Greystones, Co.Wicklow. For the purposes of this agreement, you shall be referred to as "the client" and Audrey Dalton as "the photographer". The business shall be referred to as the "Studio".
YOUR PAWTRAIT EXPERIENCE
Your Experience/session time and date are confirmed with the confirmation e-mail received from email@example.com. Scheduling a Creative Call through the calendar app located on the booking page and on the contact page is not a confirmation of any session time and date. To secure your booking, the full balance of the session fee will be required at either the time of our Creative Call, booking and/or confirmation.
1. The client authorises the Studio to arrange the photography in accordance with the details overleaf and is satisfied that these details are correct.
2. The client has received, read and understands the Studio’s price list, which has been confirmed for the assignment on payment of the Session Fee and is guaranteed, provided the client orders within 30 days after the assignment.
3. The client represents that their pet(s) has/have not been exposed to rabies or distemper and is/are current on required vaccinations. The client represents that their pet(s) has/have not bitten or shown any aggressive or threatening behaviour toward any person, child or animal. The client represents that their pet(s) is not in heat, does not have fleas/ticks, or any contagious sickness or disease which may cause harm to another animal or person, such as but not limited to skin or chronic diseases. The client understands that they are solely responsible for any harm caused by their pet(s), to any person, other animals or property, during the session and that the animal(s) must remain under their control at all times.
4. The client agrees that they have completed the accompanying questionnaire regarding their pet(s) in full and that all information is correct and truthful. Client agrees that they have disclosed any behavioural or aggression issues to the photographer in writing before the session.
5. The Session is only confirmed upon receipt of the agreed Session Fee between both parties. Payment is due before the session date and upon receipt of invoice unless otherwise agreed in writing by both parties. The Session will not take place without payment.
6. The Session Fee is not refundable. The Session Fee in whole covers the photographer's time and talent, basic retouching, creative editing and curation of images, as determined by the photographer.
7. The Session starts at the agreed time and it is the client's responsibility to be on time; if the client is late there will be no time extension provided by the photographer. Additional photographic time can be purchased at a rate of €75/hour. Additional editing is available at additional expense to be determined by the photographer. Additional artwork is available for purchase outside of the Session Fee.
TERMS OF PAYMENT
8. As stated above, the Session Fee is due in full upon receipt of the invoice, unless otherwise agreed by both parties in writing.
9. The Studio accepts debit card, credit card and cash. The Studio does not accept cheques and is not responsible for any card or banking charges that may be charged to the client.
LOCATION COST & FEES
10. The Location Session Fee covers travel within 30 km of the Studio address. Any location outside of these limits will be subject to an additional charge of €0.70/km round trip as part of the agreement.
11. The photographer is responsible for acquiring all permits and necessary permission for all locations on which the Studio will be performing services.
12. The photographer reserves the right to terminate any session or coverage, if the photographer or any of her representatives experience inappropriate, threatening, hostile or offensive behaviour from any persons; or in the event that the safety of the photographer or her representatives comes into question.
13. The photographer reserves the right to terminate any session or coverage should any animal(s) become threatening or aggressive, or in the event that the safety of the photographer or her representatives comes into question.
14. The Studio has a zero policy on animal abuse such as hitting, rough handling, smacking, kicking etc. The photographer reserves the right to terminate any session or coverage if the photographer or any of her representatives' feel any animal(s) are being mistreated.
15. If an illness or situation prevents a session from taking place, the client may reschedule their session at least 48 hours prior to their shoot without penalty. Should the client fail to give 48 hours notice, or decide to completely cancel the shoot, the entire Session Fee is forfeited and will not be refunded. This applies to Gift Vouchers value also.
16. The photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control.
RE-SHOOTS & REFUNDS
17. Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing etc, weather-related issues, or by not following the recommendations of the photographer. The photographer shall be entitled to use their judgement regarding the style and artistic input of the photographs. This includes but is not limited to locations, poses and number of photographs taken.
18. Special requests shall not be deemed as binding instructions although every effort will be made to comply with the client’s wishes. Due to vagaries such as weather or the willingness of pets, it may not be possible to capture all photographs requested or produce photographs to the client's full expectations.
19. The pet(s) remain the sole responsibility of the client on the day of the shoot, as such the results of the session will be dependant on the client's commitment to being involved and following the professional instruction of the photographer. The photographer accepts no responsibility if a session yields fewer photographs than the average of 15-25 photographs and as such no refund will be given.
20. The client will be responsible for their pet(s) and for themselves and release the photographer from any claims against her person, her representatives or the Studio. If the pet(s) should bite or harm another animal or person, or spread any illnesses to other animals, the client will be responsible for any burdens occurred to any other party.
21. The photographer and the Studio will not be liable for any accidents, injury, or damages caused by either photographer or pet(s), that occur during or as a result of the session and are not responsible for any injuries or illnesses inflicted upon any participating parties.
22. The client assumes all responsibility for their pet(s) or any other subjects during the session; including any and all destruction of personal, business or public property, personal injury or illegalities. If the pet(s) or client injures the photographer or damages the photography equipment, the client shall be solely responsible for paying for all injuries and damages that are the direct or proximate cause of the pet(s) or client, within a reasonable period of time.
23. The client shall assist and cooperate with the photographer, in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of client’s failure to provide reasonable assistance or cooperation.
24. The photographer is not responsible or liable for the condition of any animal(s) being photographed. The client accepts that it is their responsibility to assure that their pet(s) are in suitable condition to be photographed. This includes nails, coat, teeth and any other part of the animal(s).
25. The photographer is not responsible for photographs not taken due to uncooperative pets/persons, wardrobe malfunction, and other acts that cannot be controlled by the photographer.
26. The photographer or the Studio shall not be liable to the client for any failure, in whole or in part, to fulfil obligations where failure arises as a result of an event or circumstances beyond their control, which may include (but are not limited to) equipment failure, weather, illness or injury.
27. If the photographer cannot perform this contract due to fire, casualty, act of God, illness, emergency, or other causes beyond their control, and cannot reschedule, the photographer will return to the client any money paid, including the Session Fee, but shall have no further liability in respect to the contract. This limitation of liability shall also apply in the event that the photographic materials are damaged in processing, lost through a camera or computer malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault or intent on the part of the photographer. In the event that the photographer fails to perform for any reason, they shall not be liable for any amount in excess of the agreed Session Fee.
28. After twelve (12) months, all digital images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by the photographer at photographer’s sole discretion. During the twelve-month period, the photographer is not responsible for loss or damage to any digital files due to circumstances beyond photographer’s control.
29. All order payments are due in full unless monthly payment arrangements have been made between both parties in writing.
30. The client accepts that orders will not be processed or sent to any third party for production until payment in full is received.
31. If the client has arranged a payment plan, once a product from the order has been paid in full, the item will be released to the client.
32. By placing an order with the Studio, the client has committed to buying the ordered products. Returns will not be considered for incorrectly ordered items by the client.
33. No return, exchange or refund is available on any product once the image proof has been approved by the client, and an order placed.
34. The photographer will strive to complete sessions, editing and orders in a timely manner. Within four weeks after the client session, the photographer will provide an online proofing gallery for viewing and ordering and/or an ordering session will take place at the Studio.
35. The photographer is not liable to deliver every photograph taken during the session; sessions yield an average of 15-25 photographs. If your dog is unwilling to perform or disinterested in the session, you may receive a lower number of images. The photographer will only provide the client with images she feels are representative of her brand and therefore, the number of images provided is entirely at the photographers discretion.
36. The online proofing gallery will be online for four weeks from the date of release, and the client is encouraged to order in a timely manner. The Studio price list is only guaranteed for 30 days from the shoot date. Re-activation of an expired gallery may incur a fee, as determined by the photographer.
37. All products must be paid for in advance before an order is placed with any third party or put into production. Payment plans are available at the photographer's sole discretion. Once an order for products is placed, no refunds will be given.
38. Product production can take up to four-to-six weeks, depending on the product. Clients can pick up their products from the Studio during business hours, at an agreed location, or have products delivered. The cost of shipping will be paid for by the client unless otherwise agreed between both parties.
39. The client contends that they are aware of and have viewed the current price list for the session fees and any and all products. Prices are adjusted periodically and as such are subject to change; pricing may change without notice. The price list provided to the client or shown in the online proofing gallery is guaranteed for 30 days only after the session. Any future orders shall be charged at the prices in effect at the time when the order is placed.
PRODUCT DAMAGE AND REPRINTS
40. If any products arrive damaged through no fault of the client, the client may return the products for a refund or replacement once the client has notified the photographer in writing of such damage upon receipt of the item(s).
41. The client assumes all responsibility for the safety of all products upon receipt. The client is aware that unless choosing an archival product, colour dyes in photography products may fade or discolour over time due to the inherent qualities of dyes, and the client releases the photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities.
42. The client accepts that the Studio is not responsible for the longevity of any unframed photographic prints.
43. The photographer will make every effort to provide the most accurate colour reproduction on products purchased through Pawtrait.
44. The photographer has no liability whatsoever for the quality of any prints or products reproduced by the client from digital files purchased from or provided by the Studio.
45. The photographer shall not be held liable for loss or destruction of files, prints or products once they have been received by the client.
46. Gift Vouchers should be used within 1 year of issue date. Session fee and product prices are subject to change and as such, the photographer and Studio cannot be held to any prices or offers listed online or in print at the time of Voucher purchase.
47. Voucher must be used for stated purposes only.
48. Vouchers are the sole responsibility of the holder. Neither the photographer, any representatives or Pawtrait Ireland accept responsibility for vouchers that are lost or mislaid.
49. Holders must identify themselves as voucher holders when contacting the photographer and quote voucher number and/or any specific offer at the time of booking.
50. Vouchers may be used for more than one transaction by a single client. Cash refunds are not permitted. A new voucher will be issued for any unused outstanding balance.
51. Vouchers may not be redeemed for cash.
52. Vouchers can be exchanged for goods and services. Special offer vouchers must be used for the purpose intended such as for example "Studio Session + one digital image". Any special offer is only guaranteed for six months from the purchase date. After such time, the voucher will still be redeemable at the photographer's discretion and can be used towards any product or session on offer from the Studio.
53. Voucher email or printed version must be presented to the photographer or Studio. Vouchers that have been altered or damaged in any way will not be accepted.
54. The photographer and or Pawtrait Ireland reserves the right to alter, change and/or add to the terms and conditions of this voucher at any time without notifying the holder.
55. All images are copyrighted by Pawtrait, even those the client may purchase, under the copyright and related Acts 2000. The photographer and Pawtrait retain all copyrights to all images created during the session.
56. It is agreed that the photographer and the Studio may display and use photographs from the session for display and promotional purposes. This includes but is not limited to advertising, website and internet promotion, photographic contests, gallery and public display, photography books, studio display, magazine advertising and any other purposes thought proper by the photographer.
57. The client is given permission to share images from their online proofing gallery, a blog post or website links through the use of the share functions and dissemination of direct links. Client shall not copy, download, screenshot, or capture the photographs in any other fashion.
58. The client is not permitted to edit or alter digital photographs in any way which includes, but is not limited to, using filters or editing software such as Photoshop. The client does not have any permission to use the image as a reference for any works of art, nor do they have permission to provide the image as a reference to any artist.
59. The client will not receive any RAW files and may not edit the work nor remove watermarks.
60. All images, both physical and digital, when purchased or provided to the client are for personal photographic printing use only. The client does not have permission to use any image for use on products such as mugs, cushions, jigsaw puzzles etc. No commercial use by the client is permitted under this contract, including but not limited to resale, promotion of personal business, or use in contests or exhibitions.
61. It is illegal to copy, scan, download, print, alter, or otherwise steal any image created by Pawtrait without express permission from the photographer. If the client steals images via any method listed above, or any other method, the client will be invoiced for the cost of each digital image at photographer’s current price per digital file. Invoice may include usage fees also.
62. The Studio retains the right to take legal action if this agreement is violated, and, in such case, if Pawtrait prevails, the client is solely responsible for any and all mediation, arbitration, and legal fees incurred by the photographer and/or the Studio. Any dispute relating to the products and/or services you purchase through the Studio shall be resolved by the Irish courts.
63. In the event that any provision of this agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this agreement shall not be held invalid and shall remain in full force and effect.
64. This agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supersede this agreement. This agreement contains the entire understanding between the photographer, the Studio and the client. The only way to add or change this agreement is to do so in writing, signed by all parties.
65. This contract describes the terms and conditions applicable to the services available by the photographer and the Studio.
66. This agreement describes the client's responsibilities and, among other things, limits the liability of the photographer, her representatives and the Studio.
66. The Client represents and warrants that he/she (i) is of full legal age in the jurisdiction in which this agreement is executed; (ii) is of full legal capacity; (iii) is entering into this agreement voluntarily; (iv) has not granted any rights that conflict with those granted herein; and (v) has every right to contract in his/her own name, and on behalf of their animal(s) and/or pet(s), and grant the rights herein.
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