Terms & Conditions
Thank you for booking a family photography session with Mauro Arena Photography. Please see the below terms and conditions relating to my photography services.
General
In the following terms and conditions “me/I/my/the Photographer” shall mean Mauro Arena trading as ‘Mauro Arena Photography’. “The Client” shall be those persons responsible for booking the photography services.
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing.
In the event of any conflict between these terms and conditions and the absence of any agreement in writing, these terms and conditions shall prevail.
Acceptance
The booking and/or the payment (full or partial) of your session constitutes acceptance of these terms and conditions as a legally binding contract, unless otherwise objected to explicitly and in writing, prior to accepting my service.
Any booking or payment made to me (including any deposit) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety.
Applicable Law
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
Deposit & Payments
A 30% deposit is required at the time of the booking. No date is reserved until a deposit is received.
The balance of fees due is to be paid in full not later than seven (7) days from the date of the photoshoot and is non-refundable.
I, the client, understand that the deposit fee is non-refundable and reserves the time and the date of the session and does not include any digital images.
For last minute photo shoots, payment must be made on the date the client has made contact with Mauro Arena Photography.
Payment for additional images and services to be made in advance/when requested.
All payments must be by cash or via online bank transfer.
Cancellations, Rescheduling and Refunds
Sometimes it is necessary for the photographer or the client to reschedule, for example due to injury or illness. If there are unavoidable circumstances that affect your ability to take part in our photo shoot, then I am happy for us to reschedule once, within a three-month period. Please note that any new date will be subject to the Photographer’s availability. I shall use reasonable endeavour to arrange an alternative date for your photo shoot session.
Please let me know as soon as possible that you can no longer make the session, and not later than 24 hours prior to the start of the photo shoot. All cancellations must be made in writing.
Your session fee or deposit is non-refundable should you decide to cancel your photo shoot.
If you decide to cancel your session seven (7) days or less from the date of your photo shoot, all monies paid will not be refunded.
In the event that we cannot agree another date, or if you are unable to attend your re-booked session, then your session fee (or any monies already paid) will be lost and retained by the photographer to cover the loss of bookings for that date. This is enforceable even if this contract hasn’t been signed, purchasing the session is entering into a contract of sale.
If the Photographer has to cancel the appointment due to illness an alternative date will be offered where possible. Where not possible, the photographer’s liability shall be limited to a full refund of the session fee (or any monies already paid).
Additional costs
Mileage per mile for all miles travelled to and from the photoshoot outside a 10 miles radius of London E17 is charged at 45p per mile from this address. If it is to be charged, it will be included in the quotation.
Any parking fees will be the responsibility of the client to pay for on site, or it will be charged for as an additional cost after the photoshoot.
If there are any costs/fees, permits associated with the location the client has chosen for the photoshoot, you, the client, will be responsible for those fees and permits. The Photographer will not guarantee or arrange for permits requests or payment on any location.
Copyright and Reproduction
The 1998 Copyright, Designs, and Patents Act assigns copyright to Mauro Arena Photography. Copyright is retained by Mauro Arena Photography at all times throughout the world, in perpetuity, and for all forms of media now and yet to be created.
The Client is entitled to create artwork such as prints etc using the digital image for the Client's own personal use, and will own the medium on which the digital image is printed only after the image has been purchased and paid. Without prior consent, the Client agrees not to use any photographs or digital images provided for any commercial purpose, edit, manipulate or otherwise alter any photograph or digital image provided.
Screen shots, scanning or other reproduction of proof images presented to the Client via the online viewing gallery is an infringement of copyright and strictly prohibited.
If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so only once you have purchased and paid for them.
In addition, you agree to include the photographer’s company name (Mauro Arena Photography) and Facebook page or Website (mauroarena.com) in your posts.
Clients are not permitted to take their own photographs at any photography session.
RAW format image files will remain the property of the photographer and cannot be transferred to the client or purchased.
Data protection
The Photographer will store the Clients name, contact details and session information privately and will not share these with any other business or organisation.
For more info about Privacy Policy, please chick here.
Liability
In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond my control, my liability shall be limited to a full refund of all monies paid.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged. My total liability for any breach, representation, act or omission (including negligence) shall be limited to my fee in relation to the Photo Services and I shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
In the event of incapacitating illness or injury to the Photographer, I shall refund to you any fee paid in relation to the interrupted photography services in full.
Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons’ own risk. Mauro Arena cannot be held responsible for any personal accidents during a photographic shoot.
Mauro Arena Photography holds a Public Liability Insurance.
Force Majeure or Act of God
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less deposit and expenses, but shall have no further liability with respect to the Agreement.
Weather
The Photographer will decide if weather conditions will restrict the ability to fulfil a session. This decision may be made in advance or on the day of the session, depending on weather conditions.
Editing
The photographer has full rights to make the selection of the images that he feels are the images that reflect his style and quality of work, during the image selection process any images that are not suitable for selection are removed and not available to the client, your photographer is allowed to have full artistic licence with editing.
Editing time after the session can be up to 3 weeks but is often less.
Returns, exchanges and cooling off period
Mauro Arena Photography is unable to give exchanges or refunds. All portraits, prints, canvases, frames, etc. are non-refundable, orders cannot be cancelled due to the custom nature of the products. Orders are made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period. By placing an order with Mauro Arena Photography, you are committing to buy the ordered products. This does not affect your statutory rights.
Once you have purchased digital files you are granted a personal licence to use your images for your own individual use only. These images are not to be sold or given to any third parties without prior written consent.
Delivery times for prints, albums or other products may vary and will be advised at the time of ordering, but is usually within four weeks.
Images
Although, Mauro Arena Photography will do its best to produce the more photographs than indicated in the packages, there is no guarantee that an exact minimum number of photos will be produced.
Delivery of images
Once images are ready, digital files will be delivered to the client by email. The Client will also receive a link to a password protected gallery to view and download the images. This gallery will remain open for 14 days.
Should you wish to order print or a fina art photo album, please contact Mauo Arena Photography within the window of time that your gallery will be open. Reopening your gallery after this time will incur a small fee.
Image archiving
Mauro Arena Photography will keep all images on archive for one month from the date of your photo shoot session, after which they may be permanently deleted.
It is the Client’s responsibility to backup any digital files received. Please create multiple backups on different devices, and ensure the safe keeping of any prints, albums or other products.
Sale Items
All prices are subject to change without notice by the Photographer. Mauro Arena Photography reserves the right to reduce the cost of sessions or digital files at times throughout the year as an "offer" or "sale" if you have paid full price for a session or digital files at another date it is not possible to then receive the discounted price for items previously purchased at an earlier date, this includes (but not limited to) gift vouchers and advance bookings.
Images’ use and release
Being able to share the photographs I capture is an essential part of running a photography business; after all, seeing my work is usually one of the main reasons clients book me. The General Data Protection Regulation (GDPR) requires that I make clear how your images may be use, and collect your consent for this use.
You, the Client, agree to give consent to Mauro Arena Photography to display, use and share photographs included in this contract for:
- Photography qualifications and awards
- Editorial (e.g. blog about your shoot on mauroarena.com)
- mauroarena.com website (e.g. on my portfolio)
- Business promotion (e.g. leaflets, brochures, adverts, postcards etc)
- Social Media (e.g. a sneak peek or a slideshow from your shoot on Instagram & Facebook)
If you do not wish to give consent, please inform Mauro Arena Photography in writing.
Agreement
I have read and understood this agreement, including the terms and conditions, and agree to be bound to them.
I am the parent or legal guardian of any minor(s) named above and have the legal right and authority to execute the model release stipulations named in this contract on behalf of the minor.