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Terms & Conditions

COPYRIGHT

The intellectual property (IPR) and Copyright of all images will remain with that of Nest Photography, in accordance with the Copyright Designs & Patents Act 1988, and similar acts across the world. Images must not be copied or reproduced under any circumstances. This includes but is not limited to - Downloading digital copies, reprinting & scanning. Copies would not reflect the quality of the original which may damage the reputation of the photographer.

Cameras, mobile phone cameras and camcorders are not permitted within the studio

Infringing the above is a criminal offence and may result in prosecution and/or termination of any agreement between us and the client.

A licence to print is provided when purchasing digital files but the image(s) still remains the property of Nest Photography and cannot be used for commercial gain. The licence to print grants permission for the holder to print and reproduce the photographs for personal use only.

Clients are granted permission to tag themselves in photographs shared on our facebook page http://facebook.com/nestphotography.co.uk

IMAGE USE

We reserve the right to display any photograph or to use any photograph for publicity and advertising purposes, or other. This includes but is not limited to – Website, Blog, Online portfolio, Social Media, brochures, magazines, flyers, leaflets, wall art, competitions/awards and societies.  

SPECIAL REQUESTS

The client understands and accepts that the photographs captured will be as the photographer determines and that no one photograph will be deemed more important than another. Special requests are not a binding instruction, although every effort is made to comply with the client’s wishes.

FEE PAID

Any fee(s) paid to create and produce photographs is paid to cover the photographers time only.  Although every effort will be made to produce a varied range of photographs, there is no guarantee and the amount of photographs produced for viewing will be at the discretion of the photographer. A re-shoot maybe offered at the discretion of the photographer.

NEST BABY CLUB

Please note the Nest Baby Club is classed as an offer. By joining the Nest Baby club you are entering into an agreement to attend 3 photography sessions and 3 viewing sessions - you must to attend all 6 appointments to be eligible for the Baby Club final product, if appointments are missed the offer will be cancelled, with no refund. Offer is limited to one per household in any 12 month period. In the event of twins they will be photographed together. Only one Individual portrait, or twins together, can be selected for display in the final product following your third session. Orders placed at a viewing session for additional images must be paid for before any future bookings or sessions can take place. If you fail to contact us to book your second and third session, and the interval between each photo session exceeds a period of 6 months, the offer will be cancelled, with no refund.

We reserve the right to cancel the offer, with no refunds if you fail to abide by these terms and conditions.

If the offer is cancelled you wont receive the final Baby club product and no refund will be given.

We will use our discretion and decide on the number of images taken during each session. If you do not wish to purchase additional photographs, please let us know.

BABY OF THE MONTH

Clients on selection of the preferred image for Baby of the month grant permission for Nest Photography  to submit this image to Emma’s Diary Baby of the Month competition.   On entry to the competition Nest Photography and Baby of the Month Limited have the right to use that image in any relevant Media which may include, advertising, promotion, marketing, packaging or used on a website, including social media platforms to raise awareness of the competition.   This chosen image may also be combined with other images, text and graphics, and cropped, altered  or modified.  No cash alternatives offered in conjunction with £100 Mothercare vouchers.  The £5,000 prize is to be deposited into his/her Child Saving Account. 

DIGITAL IMAGES

High resolution digital files are supplied on disk in jpeg format with sRGB colour profile assigned. As standard all images are sized 6000 pixels along the longest edge at 300ppi. Please contact us should you require a larger file. A licence to print is provided with all digital negatives. This grants permission for the holder to print and reproduce the photographs for personal use only, all commercial use is prohibited under this licence. Please note, we take no responsibility for the quality of materials produced from the digital files. We recommend using a professional photographic laboratory with calibrated paper and inks. Copyright will always remain with that of Nest Photography.

INSURANCE, SAFETY & RESPONSIBILITY

Nest Photography carries public liability insurance up to the value of £2million. The photo shoot can be physically demanding, and whilst every effort is made to secure your safety, all physical activity is undertaken at your own risk and all parents are ultimately reasonable for their own children. If you're uncomfortable with any poses or positions you must make this known at the time. We take no liability for any injuries you or your children may sustain.

APPOINTMENT CANCELLATION POLICY

If you wish to change your appointment, we ask that you give us 3 days notice by calling the studio or a cancellation fee of £50 may apply. In exceptional circumstances such as someone becoming ill, please let us know as soon as possible and we'll do our best to reschedule your appointment at a convenient time.  We reserve the right to cancel your appointment, and future appointments, with no refund given should you not attend an appointment at the agreed time and fail to notify us of the reason why.   

ORDERS - PAYMENT &  CANCELLATIONS

Due to images/printing being of a custom nature, every order is processed individually within 28 days from full payment being received. We accept all forms of debit and/or credit cards and finance (subject to status). Due to the custom nature, we're sorry but it's not possible to cancel an order once it's received. An order is deemed received once a deposit and/or full payment has been paid. For orders placed subject to finance - should the application not be approved in full, the order will not be processed until the full balance is received through an alternative method.

DELIVERY & COLLECTION

We endeavour to process all orders within 28 days. We do not provide an exact collection date before your order is ready. All orders will be received at the studio and we will contact you once by Phone, SMS or Email to arrange collection. All orders must be collected within 28 days. Some orders can be delivered but there is a minimum charge of £25 to cover the administration of arranging the courier, and the actual courier cost. Please note - the studio is not always open and as such you must inform us before collecting your order. Please do not contact us until 28 days have lapsed since you placed your order. Should you require your order sooner, please inform us at the time of ordering, although we will never guarantee anything.

IMAGE REPRODUCTION

Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye.

Due to the limitations of computer monitors it is understood that images may appear differently according to the colour settings of each individual monitors and that prints will not match images rendered on any particular monitor.

All images will be retouched using our professional judgment and when processing images we will endeavour to achieve a pleasing overall balance based on natural skin tones, realism and standard colour settings. All our prints are fully calibrated to achieve an optimum finished product. Due to the custom nature of photographs, retouching and printing, we can't guarantee any particular outcome, we reserve the right to have the final say on whether a product/print is deemed correct.

OFFERS AND COMPLIMENTARY PRINTS/PRODUCTS

We reserve the right to withdrawn any offer/gift at any time. Offers cannot be used in conjunction with each other and only one offer/discount may be used at any one time. Please note The Cherubs Club is classed as an offer.

FORCE MAJEURE

We shall not be liable for any failure or delay which results from any cause that is beyond our reasonable control. In all circumstances, all efforts will be made to fulfil requirements.

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 indirect or consequential loss.

ADVERTISING AND MARKETING

We will retain and hold your data on file to advise you of our products, services or offers in the future. Details are held under the Data Protection Act and will never be shared with any third party. We may contact you by post, telephone SMS text or email. To opt out send an email to hello@nestphotography.co.uk

COMPETITION TERMS & CONDITIONS

  1. Entry to the competition is restricted to one entry per person.
  2. Winners will be chosen at random from all valid entries.
  3. Competition closes on the last day of the calendar month
  4. By entering the competition winners agree to participate in promotional activity and material as Nest Photography may require
  5. Winners will be contacted via the contact details provided on the entry form on the website
  6. Nest Photography’s decision is final and no correspondence will be entered in to
  7. No responsibility can be accepted for entries that are lost or delayed, or which are not received for any reason.
  8. Prizes are not exchangeable for cash.
  9. Our Privacy Policy should be referred to regarding use of Personal information
  10. Nest Photography reserves the right to modify, cancel or suspend the competition in whole or in part, at its sole discretion.