Terms & Conditions for all Portrait Photography Sessions 

The acceptance of the booking is based on agreement by the Client of the terms and conditions stated herein. 

1. PAYMENT: 

1.1 SESSIONS: All sessions booked require a non refundable retainer of £99.  All retainers must be paid at the time of booking to secure the session date.  Without the retainer, the session date will not be held.  Retainers are to be sent via bank transfer with the name of the booking as payment reference.  All retainers are non-refundable to cover the loss of business by keeping the session date and to cover any direct costs already paid for the session e.g. specific props, outfits etc.  There is a minimum spend of £299 (my lowest package) for all sessions.  The retainer paid is deducted from the total order at the viewing session.

1.2 PRODUCTS:  Due to the bespoke nature of the products ordered, once the order is placed and paid for there is no cooling off period and there are no refunds or exchanges available.  This is in accordance with Government Guidelines.   Orders will be verified by the client and it is the client’s responsibility to ensure that everything in the order is correct.  This includes which digital images they want (digital images are numbered), sizes, quantities, frame choices and product.

1.3 VOUCHERS & SPECIAL OFFERS: Only one voucher or special offer may be redeemed at any one time.  Vouchers have no monetary value and cannot be exchanged for a cash alternative.  The redemption of the voucher is at the discretion of Nicki Byrne Photography.  Once vouchers have expired, they cannot be used.

1.4 PAYMENT PLAN: Nicki Byrne Photography does offer a payment plan.  This can either be direct with Nicki Byrne Photography or through The Guild of Photographers (of which Nicki Byrne Photography is a member).  The full payment must be made in three payments – 50% must be paid on the day of the viewing session, 25% 30 days later and the final 25% a further 30 days after.  There is no interest charged.  Payments can be made by cash, bank transfer or debit card.  The invoice must be paid in full before products are ordered.

2. TRAVEL: The travel cost for a family/portrait/maternity session within a radius of 5 miles from Nicki Byrne Photography’s home studio is included in all session fees. Additional distances (more than 5 miles from the home studio (B75 6HY)) will incur a surcharge. For mobile newborn sessions, there is an additional fee of £50 due to the amount of props and equipment needed to be transported, insurance and time taken to load/unload and set up.

3. SICKNESS AND CANCELLATIONS: 

3.1  ILLNESS: Nicki Byrne Photography understands that children can be unpredictable and fall ill at any time. In the event of sickness prior to the session, the Client agrees to make every possible effort to inform Nicki Byrne Photography at the earliest possible time but no later than 3 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period. Nicki Byrne Photography reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, Nicki Byrne Photography has the right to cancel the booking with all payments made as non-refundable. In the event of the child falling ill during the session, Nicki Byrne Photography reserves the right to postpone the photo shoot and re-schedule at the convenience of both parties. 

In the unlikely event Nicki is ill, she will notify the Client as soon as possible and reschedule at the earliest date agreed by both parties. 

Due to the majority of clients being newborn babies, Nicki Byrne Photography does request that she is notified about all illnesses prior to the session. Failure to do so could mean that the session is cancelled and a rebooking fee of £40 is charged to reschedule. 

3.2 COVID-19: At Nicki Byrne Photography, we are often working with vulnerable newborns.  For this reasons we must  have a strict policy for illness, specifically with regards to Covid-19.  All clients must complete the covid safe questionnaire 24 hours prior to coming to the studio.  

The following must also be adhered to.  

• If the Client or a member of their household has been in contact with anyone who has tested positive for covid-19 within 14 days of your session, your photography session will be rearranged.  The Client is responsible for informing Nicki Byrne Photography as early as possible.
• If the Client or a member of their household tests positive for covid-19 with fewer than 14 days before your session, they must inform Nicki Byrne Photography as soon as possible.  Once they are feeling better, their session can be rescheduled.
• If the Client or a member of their household shows any symptoms of Covid-19 i.e. a high temperature particularly on their chest or back, a new, continuous cough or the loss or change to their sense of smell or taste, the session must be rescheduled. 

Please keep up to date with Coronavirus symptoms at https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms/

If the Client’s session has to be rescheduled for any illness reason, providing the Client has given Nicki Byrne Photography adequate notice a rescheduling fee may not apply. 

3.3 LATENESS: Due to other bookings/commitments, the Client must ensure that they arrive for their session on time.  If you are late, please inform Nicki Byrne Photography with your estimated time of arrival as soon as possible.  Any lateness will reduce the amount of time allocated for your photoshoot and therefore the number of images taken etc.  If you are more than 20 minutes late to a session, this will be deemed as a ‘no show’ and the session will either need to be rescheduled (with a £40 rebooking fee) or the session cancelled and any payments made would be lost to cover the loss of income.

4. RESCHEDULING: 

4.1 NEWBORN PHOTOGRAPHY SESSION: Due to the uncertain prediction of an exact arrival day of your baby, certain flexibility for booking the newborn session will apply. No initial date will be set, parents must contact Nicki Byrne Photography within 48 hours of baby’s arrival. Once agreed upon a final session date, you may reschedule your newborn photography session up to 7 days prior to your shoot if required. After this, a £40.00 rebooking fee may be charged (at photographer’s discretion). Session fees are non refundable but are transferable for up to 6 months from the original session date. 

4.2 ALL OTHER SESSIONS: Sessions can be rescheduled via communicating with Nicki Byrne Photography up to a 2 month period from the initial session date.  The session date must be agreed to by both Nicki Byrne Photography and the Client.

5. ORDERING: 

5.1 VIEWING Final images can be viewed at the viewing session.  If clients are genuinely unhappy with their images after viewing and do not wish to purchase any, the £99 retainer will be refunded.  If a client does not attend their viewing, they forfeit their retainer.

5.2 ORDERS All orders will take place at the gallery viewing arranged by Nicki Byrne Photography and the client.  The viewing will take place at Nicki Byrne Photography’s home studio.  This is the only opportunity to order prints, digitals and wall art.  After the gallery viewing session, orders cannot be altered, changed, added to or cancelled.  The appointment will usually be within two weeks of the photography session, although lead times may vary.  All orders are final.

6. PRODUCTS: 

6.1 PRODUCTS: All orders for any products e.g. albums, wall art, canvas, prints, digital images, folio boxes, USBs, products and enlargements must be paid for at time of ordering. Due to the bespoke nature of the purchases, once the order has been confirmed by the Client and then paid for in full it cannot be changed, cancelled or exchanged.  This is in accordance with Government Guidelines for bespoke products.  

6.2 QUALITY:  All products are quality assured by Nicki Byrne Photography.  Products are to be collected from Nicki Byrne Photography’s studio.  Once the product has been taken off the studio premises, it is no longer the responsibility of Nicki Byrne Photography and because of this all orders should be collected by the client from Nicki Byrne Photography’s home studio.  Should the Client require for products to be posted, the Client is accepting that Nicki Byrne Photography has completed the quality checks and that the Client is happy with her judgement.  The Client is responsible for the postage of the item.  Nicki Byrne Photography accepts no responsibility for the safe arrival of the products if sent via post.  The Client will be asked to sign a waiver to confirm they have understood this.  Pictures of the product can be sent over before postage for them to confirm they are happy.

6.3 ALBUMS.  Up to 2 changes may be made to any album design at no extra cost. Any further changes will be charged at the normal rate of £40.00 per hour. Once images have been chosen, Nicki Byrne Photography will send out an invoice for the Client to confirm. Once the Client has confirmed the order, no changes can be made. Any alterations will be charged for. Due to the bespoke nature of the products ordered, once the order has been placed and paid for there will be no refunds, exchanged or cancellations. If you are not satisfied with your products, please speak to Nicki Byrne Photography to resolve your issue. 

6.4 GUARANTEES:  The guarantees offered are directly from the professional lab used.  If the Client is not satisfied with a product, please speak to Nicki Byrne Photography to explain the problem and she can liaise with the printing lab.

7. DELIVERY:  

7.1 DIGITAL IMAGES via DOWNLOAD:  All digital images purchased as a digital download will be sent via e-mail to you to download from wetransfer, a digital transfer website.  It is the responsibility of the Client to ensure a clear download (within 7 days of being sent), that the files are downloaded at the large size and that the files are saved and backed up correctly.  If files need to be resent, a fee of £40 will be charged to cover additional time spent by Nicki Byrne Photography finding and resending files.

7.2 DIGITAL IMAGES VIA USB: Digital images can be delivered via USB with certain packages.  It is the responsibility of the Client to ensure that they can be viewed correctly as soon as they return home.  It is the responsibility of the Client to ensure all files are backed up correctly.

7.3 PRODUCTS: All products are to be collected from the Studio (please see section 6.2).  At the request and expense of the Client, products can be posted but Nicki Byrne Photography cannot guarantee the safe arrival of any products.

8. RIGHTS

8.1 COPYRIGHT: It is understood that the copyright of all and any photographs belongs to Nicki Byrne Photography. No photographs may be copied or reproduced by any means photographic or otherwise by any person or machine other than by the photographer or his appointed agent, unless the high-resolution pictures are purchased by the Client. 

8.2 PRINTING RIGHTS: Any digital image purchased by the Client can be printed or shared on social media. It is not to be altered in any way including the adding of filters or changing to black and white. 

9. STORAGE: After 12 months from your session date, Nicki Byrne Photography will no longer be responsible for storing your image files. Please make sure that you back up any digital images you have purchased. 

10. MISC: Although the photographer shall exercise all reasonable skill, care and diligence in the discharge of her duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the photographer will only be responsible for the return of all the monies paid to date, although every effort will be made to re-take the photographs. 

11. For more information on how your data is used and stored, please read Nicki Byrne Photography’s Privacy Policy.