• TERMS & CONDITIONS

    TERMS & CONDITIONS

    Portrait Agreement, Studio Policies, terms & Liability Release
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  • In the following Contract the ‘Photographer’ shall mean ‘Marta Brodowska; trading as 'Marta Brodowska Photography’. ‘The Client(s)’ shall be those persons who will fill out this form. 

    The client(s) will agree to this digital contract and image release prior to the photo session booking, this agreement must be signed and submitted before any session can begin.

     

    APPLICABLE LAW

    The laws of Scotland shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.

    In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

     

    THE BOOKING FEE

    The booking fee of £25 ( Maternity, Baby or Family photoshoot or £50 newborn or Cake smash session) is due in full by the client at the time of booking in order to secure the appointment. The Photographer will not hold any dates open without booking fee payment. 

     

    PAYMENT

    Marta Brodowska Photography will not start any gallery retouching/editing on finalised images until all payments have been finalised. The remaining of your chosen collection -at least the bronze collection- has to be paid in full before the day of your session or at the latest on the date of your scheduled session. 

     

    PRICING

    All prices are subject to change without notice by the Photographer. No consideration will be given to previous clients regarding product pricing, availability, or session fees.

    (Prices/collections valid at the time of paying deposit/booking will be honoured).

  • CANCELLING THE SESSION
    In the event of an illness or misadventure, please call as soon as possible to reschedule. Marta Brodowska Photography maintains the right to reschedule at any time should it become necessary but will do her upmost to negotiate a mutual acceptable rebooking. The request must be made no later than 24 hours prior to the start of the photography session. 

    If you have a sick child and you try to keep the appointment, Marta Brodowska Photography will most likely request that you reschedule if it is noticed that your child is sick. Sick or uncomfortable children do not like to be photographed and we know that you will not love your images nearly as much as if he or she was in good health. The session can be transferred to a new date at the convenience of both parties.

    If the Photographer has to cancel the appointment due to illness an alternative date will be offered where possible. Where not possible, the photographers liability shall be limited to a full refund of the session fee.

    For cake smash sessions where the Photographer has commissioned a custom cake, a fee of £25 will be charged towards a new cake if the session can not be moved to the next day or day after because of prior bookings or the child remains ill.

     

    ELECTRONIC DEVICES
    Personal cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of Marta Brodowska Photography. 

     
    SESSION / FULLFILMENT OF OBLIGATIONS
    a) The images on this site are from a large number of sessions and it is not possible to offer every pose or set up in each session. Every session is unique to each client. If a particular pose, prop or photo is wanted, the Client will discuss any requests before the day of the session. The Client understands and accepts that the photographic coverage will be as Marta Brodowska Photography professional expertise determines. 

    b) Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. In the event of an unsettled baby, some requested props or poses may not be suitable and the Photographer will use alternative props or poses. Please note, not all poses and shots are guaranteed. 

    The Photographer will end the session at her discretion when it is determined that adequate images in terms of quality and quantity have been captured. There will be no refund or credit for unused time.

    c) If the Client fails to read the supplied session information, and therefore fails to carry out required preparations prior to a session, or fails to arrive promptly for a session, Marta Brodowska Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.

    Marta Brodowska Photography will hold no liability in the event that the content and/or presentation of the images are not satisfactory to the taste of the Client.

    EDITING, IMAGE PRODUCTION AND HANDLING

    Although Marta Brodowska Photography will do its best to produce more images than discussed with the Client there is no guarantee that any particular number of images will be produced. However, if the subject, child or  baby won’t settle or co-operate resulting in little or no images taken then the Photographer cannot be held responsible. In this instance the Photographer will offer the chance to re-shoot at a time suitable for both parties, although for newborn sessions it cannot be guaranteed that it will be in the 2 weeks time frame.

    a) Save as otherwise agreed between the Client and Marta Brodowska Photography, shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. The Client is responsible for all children at all sessions.

    b) Marta Brodowska Photography edits images at Marta Brodowska Photography's discretion before presenting to Client. Additional edits are carried out at the discretion of Marta Brodowska Photography, and Marta Brodowska Photography reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image.

    c) Marta Brodowska Photography has turnaround time of four weeks from the date of your session. Please bear this in mind when booking. This period can be extended for busy periods like Christmas or summer holidays. The number of edited images provided in an online viewing gallery will vary according to the package you have chosen. 

     

    HEALTH AND SAFETY
    1. Cake Smash. The Photographer includes a professionally made custom cake with all of her cake smash packages. The client is welcome to bring their own cake and will need to notify the Photographer 2 weeks before the photoshoot date. The photographer will deduct £25 off the chosen cake smash collection.

    In the case of a Cake Smash/1st birthday session for which the photographer is supplying the cake, it is the responsibility of the client to make Marta Brodowska Photography aware, at least 14 days prior to the photography session, of any relevant allergies that the child may have. In this event Marta Brodowska Photography  will not supply the cake and instead the Client is responsible for supplying the cake.

    The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The cake will include dairy and egg products. The cake is not gluten free. Items may contain or have come in contact with nuts.

    The client understands that use of bright coloured butter-icing may stain skin for a short while and subjects clothes. The photographer will not be liable for any clothes stained.

    2. Children. The Client is responsible for the children's safety during the photography session. The Client must therefore ensure that a responsible adult, other than the Photographer, is present at all times to supervise the children.

  • COPYRIGHT/PRINT RELEASE & ARTWORK

    Marta Brodowska Photography is the rightful copyright owner of the digital images taken during your sessions. Marta Brodowska Photography authorizes the owner the right to reproduce the images and make an unlimited number of prints for personal use only.

    Original copyright remains with the photographer. The images may be printed but not altered or edited in any way other than by the photographer and alterations is a violation of the copyright. 

    All images produced by Marta Brodowska Photography are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by Marta Brodowska Photography. Marta Brodowska Photography will not be held responsible for variances in images caused by clients viewing images on non calibrated screen, monitor and electronic devices where colour calibration and brightness has not been calibrated. To ensure images are seen as intended it is advised that client views them at Marta Brodowska Photography studio. Marta Brodowska Photography is not responsible for the print quality of other print labs the Clients use.

    Please note that we do not provide raw/ unedited images.

    Gallery ( if used) is to view images only. All images belong to Marta Brodowska Photography are covered under copyrights (Copyright Act 1988 ). This apply to images used in social medias too. Under no circumstances do not download, crop, remove watermark  or edit images done by Marta Brodowska Photography. Legal action may be taken against people breaching the law.

     Artwork Products

    If you order an Artwork Product, a proofed layout of the Artwork Product, together with any options available to you, will be submitted to you for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges.  We will advise you if additional charges apply.  We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available).  You will be liable for any costs associated with any changes requested after you have approved the proofed layout. 

    Returns, exchanges and cooling off period. 

    Marta Brodowska 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 Marta Brodowska 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. For group images such as school proms, playgroup photos or school photos, parents, carers, family or legal guardians are welcome to buy their own copy of the digital image/print release for an extra fee.

    COPYRIGHT AND LICENSING NOTICE 

    The images that are being provided to you are licensed to you for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Marta Brodowska Photography from any liability due to loss or damage of the images, and also releases Marta Brodowska Photography from any obligation to maintain copies of any digital file, image, or photographs.

    a) Online images. It is illegal to attempt to download, copy, snap shooting, saving, scanning and removing a watermark from any images from the Client's gallery or any image taken and posted online by Marta Brodowska Photography for any reason. 

    b)You hereby grant to Marta Brodowska the right to use and publish images and photographs taken at your photography session for portfolio or marketing purposes. This could include but are not exclusively restricted to: website, social media, portfolio, marketing or galleries on this website. This is for the sole purpose of promoting my photography so that prospective clients can see the style of the images I create, and decide if I am the right photographer for them. 

    Marta Brodowska Photography retains all copyrights to the images and derivative works thereof. By using any the images of your session, you are agreeing to the above terms.

  • 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.

    AGREEMENT

    I have read and understood this agreement, including the terms and conditions, and agree to be bound to them.

    I have understood and read fully the prices and understand that at least the balance of the bronze collection must be paid before or on the day of the session and that no images will be edited or provided until this is paid. 

    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. 

  • Clear
  • COVID-19 Liability Waiver (Studio)

    Due to the 2019-2021 outbreak of the novel Coronavirus, COVID-19 (hereto referred to as COVID-19), Marta Brodowska Photography is taking extra precautions with the care of every Client. Please ask to view the Studio COVID-19 Risk Assessment and Policies & Procedures document for full details.

    I (the Client) acknowledge the contagious nature of the Coronavirus/COVID-19 and that the public health authorities still recommend practicing social distancing.

    I (the Client) further acknowledge that Marta Brodowska Photography has put in place precautionary measures to help prevent the spread of the Coronavirus/COVID-19.

    I understand that Marta Brodowska Photography cannot guarantee that I (the Client), any member of the party in attendance at my appointments (including but not limited to my child(ren)), any member of my household or my “social bubble” will not become infected with
    COVID-19 as a consequence of any actions I enter into with Elisabeth Franco Photography.

    Marta Brodowska Photography is following these enhanced procedures to help reduce the risk of the spread of COVID-19:

    -Sessions will be scheduled with a minimum of 48 hours in between to allow for thorough sanitisation and cleaning.
    -Session participants are limited to immediate family from the same household only with no additional guests allowed in the studio.
    -Every client is required to wash and sanitise their hands upon arrival and before leaving with the hand sanitiser provided.
    -No footwear is to be worn inside the studio by neither the photographer nor the client.
    -Your photographer will thoroughly clean and sanitise their hands, wear shoe covers and wear a face mask when the 2mt distance rule cannot be maintained.
    -Your photographer will wear a face mask when posing and photographing newborns.
    -All photography items and props will be sanitised prior to your session and all props used during your session will be thoroughly washed and re-santised afterwards and disposable items will be used when possible.
    -All surfaces will be wiped thoroughly with desinfectant before and after each client according to the manufacturer's directions.

    -Package images will be downloadable from a protected Online Gallery to limit in-person contact between the photographer and the client.

    -If anyone attending the session (including but not limited to: the Client, the Client’s child or anyone else) appears to have symptoms of the virus (including but not limited to: a cough, fever or respiratory symptoms, mild or otherwise) they will be asked to leave immediately, and the session will be halted without notice or restriction. If anyone in the Client’s household or "social bubble" becomes unwell with respiratory symptoms (as listed above), the Client has a duty to make the Photographer aware of this prior to the session. Failure to do so could result termination of the contract and in spread of the disease

     

    I (the Client) attest that:

    * I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, conjuctivitis, muscle pain, headache, sore throat, or new loss of taste or smell, diarrhoea, a rash on skin, or discolouration of fingers or toes),

    * I have not traveled internationally within the last 14 days.

    * I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

    * I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.

    * I am following all the UK government recommended guidelines for Scotland, for social distancing and COVID-19 exposure limiting precautions (see here for the latest Government guidelines)

    By signing below, I (the Client) acknowledge and agree to each statement above and release Marta Brodowska Photography from any and all liability for the unintentional exposure to or potential harm caused due to COVID-19. I (the Client) voluntarily seek the services provided by Marta Brodowska Photography and acknowledge that I am increasing the risk of exposure to COVID-19 for all those in attendance as well as my household, extended “social bubble” and others I may
    come into contact with, by attending any in person appointments in relation to my photoshoot.

    On my behalf, and on behalf of all those in attendance at my appointments (including but not limited to my child(ren)), I (the Client) hereby voluntarily release, covenant not to sue, discharge, and hold harmless Marta Brodowska Photography and its employees from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

    I (the Client) understand and agree that this voluntary release includes any claims based on the actions, omissions, or negligence of Marta Brodowska Photography, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any photography related activities. 

    Marta Brodowska Photography agrees to abide by these standards and affirms the same. 

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  • © Marta Brodowska Photography 2021

     

    The Nook  

    Sandybrae

    Kennoway, FIFE

    KY8 5JW

    studio@martabrodowska.co.uk

    07427607387

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