Terms and Conditions- Niall Boyle Photography
NOTE: for the purposes of this document, Niall Boyle Photography shall be referred to as NBP. The individual whether representing an organisation or not shall be referred to as the Client.
APPLICABLE LAW
1. The laws of Northern Ireland shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
2. 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.
FEES AND PAYMENTS
1. Session Fee: A session booking fee is required to book and secure the time and services of NBP for the shoot, and until it is paid the time slot is not confirmed.
2. In the event of a cancelled session this booking fee is non-refundable, except in the event of NBP cancelling the booking. See our cancellation policy for more details.
3. Payment to be made by PayPal or cash.
4. Additional Costs: There are additional costs for the following: extra session time, digitals, prints and products, retouching, not included in the session fee or package details. Refer to the full product pricing for specific pricing amounts.
5. By booking with NBP you enter into a contract and have therefore agreed to abide by the terms and conditions.
CANCELLATION
1. In the event that Niall Boyle Photography has to cancel this contract, for reasons beyond their control (death, injury, sickness) a reshoot will be offered.
2. Alternatively, the liability shall be limited to a full refund of all monies paid.
3. The Client may cancel this contract at any time by giving written notice to Niall Boyle Photography, but in doing so may forfeit any monies paid.
4. You have the right to cancel your photography session booking by writing to me within 14 days of making the booking (the cancellation period) with notice of cancellation. I will refund all money paid by you in full within 7 days of receiving this notice.
5. If you wish to cancel your booking after this 14-day cancellation period and more than 14 days before the session is scheduled, you will receive a full refund, less £10 administration fee.
6. If the cancellation is within 14 days of the scheduled session time a refund less, the 10% deposit or £50, whichever is greater, will be issued within 7 days of me receiving your cancellation notice.
7. PLEASE NOTE: if the cancellation is within 7 days of the scheduled session time, or the client fails to show up on the day of the session for whatever reason, NBP is unable to offer any refunds.
RESHOOTS
1. In the event that the weather conditions are not desirable for location shoots, based on Niall
Boyle Photography’s recommendations, the session will need to be rescheduled and no
additional fee necessary. In the event that a reshoot has been scheduled due to the Client’s
non-co-operation in the previous session, the Client is held responsible for paying an
additional shoot fee, unless stated otherwise.
2. We understand 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 Niall
Boyle Photography no later than 12 hours prior to the start time of the photography session.
3. Failure to do so may result in a re-booking fee £20. The session can be transferred to a new
date which will be at the convenience of both parties within a maximum 2-month period.
4. Niall Boyle 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,
Niall Boyle Photography has the right to cancel the booking with all payments made nonrefundable.
FULFILLMENT OF OBLIGATIONS
1. NBP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations
where failure arises as a result of an event or circumstances beyond its control, which may
include (but are not limited to) equipment failure, inclement weather, illness or injury.
2. The Client understands and accepts that the photographic coverage will be as NBP’s
professional expertise determines. Special requests are not binding instructions although
every effort is made to comply with the Client’s wishes.
3. In the unlikely event of total photographic failure or cancellation of the contract by either
party or in any other circumstances 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
losses.
4. For Newborn Sessions: If Client fails to read the supplied PDF brochure, and therefore fails
to carry out required preparations prior to a newborn session, NBP will not be held
responsible for any resulting reductions in quality or quantity of images supplied.
5. Niall Boyle Photography is not held responsible for the behaviour of parties involved with
the shoot. If the desired outcome of your session is jeopardised by the behaviours of parties
involved, then the studio cannot be held responsible, co-operation from all parties is a
must.
6. In the event of uncooperative children at a session, Niall Boyle Photography may not be able
to capture any of the images the Client may have requested or expected. The Client is
responsible for all children at all sessions.
IMAGES/PRINTS
1. Artistic Input: Niall Boyle Photography shall be entitled to use their judgement regarding the
style and artistic input in the production of the images. All images are edited before being
presented to the Client. 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 client’s full expectations.
2. In the event of unco-operative children at a session of any kind, for any reason, NBP may not
be able to capture any, or all the images the Client may have requested or expected.
3. The Client is responsible for all children at all sessions
4. Additional edits are carried out at the discretion of Niall Boyle Photography. Niall Boyle
Photography also reserves the right to charge the Client for additional specific editing to
cover time involved.
5. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not
raised at proofing stage will not be considered once products have been ordered.
6. Additional specific edits may not be possible.
7. All images produced by NBP are done on a fully calibrated monitor, and all prints will be a
true reflection of the editing carried out by NBP. NBP will not be held responsible for
variances in images caused by clients viewing images on non-calibrated screens or monitors.
COPYRIGHT & REPRODUCTION/CLIENT USAGE RIGHTS
1. The photographs produced by Niall Boyle Photography are protected by Copyright Law.
Copyright is retained by NBP at all times throughout the world. 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 digital images are
purchased by the Client.
2. Digital images purchased by the client are provided with license for the Client to reproduce
images digitally or in print, for personal use only, and may be reproduced for the purpose of
sharing with friends and family.
3. Commercial use of these photos is prohibited. In the event that these photos will be
published, sold for profit or used within marketing materials, the Client must obtain written
permission from and compensate the NBP prior to the release. An additional contract will be
needed at that time. Releasing photographs online by the Client (i.e. Facebook, blog or any
other online channels) are prohibited unless the photographer’s company name, Facebook
Page and/or Website is tagged or mentioned along with the image. The Client may not alter,
add to or manipulate a picture by means of computer or any other technique or reproduce a
picture in whole or in part as an element within another picture without Niall Boyle
Photography’s written permission. In the event of unauthorised reproduction, the Client
shall pay by way of liquidated damages to Niall Boyle Photography an unauthorised use fee
of £100 per image or double the standard reproduction fee for the use concerned,
whichever is the greater.
4. The right to reproduce a picture granted by NBP is personal to the Client and may not be
assigned to any third party without NBP’s prior written consent.
5. The Client will fully indemnify NBP against any unauthorised reproduction of a picture
submitted to the Client made by any third party as a result of or arising out of any breach by
the Client of any of these terms and conditions (including but not by way of limitation the
Client allowing a picture or a copy thereof to come into the possession of a third party
without NBP’s prior written consent)
NIALL BOYLE PHOTOGRAPHY USAGE RIGHTS
1. The Client grants Niall Boyle Photography unrestricted usage rights to use and publish
photographs in any manner or medium. The Client grants Niall Boyle Photography
permission to use images taken within this session in sample albums, marketing materials,
editorial, online web presences, including but not limited to, website, social networks, blog,
etc.
2. In the event that Client wishes the images to be kept private and not displayed anywhere
publicly, on the internet or otherwise, please inform Niall Boyle Photography before/during
your photo shoot.
LIMIT OF LIABILITY
1. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons
within or beyond NBP’s control, NBP’s liability is limited to the return of all payments
received for the session. The limit of liability for a partial loss of originals will be a prorated
amount of the exposures lost based on the percentage of total number of originals.
PROOFS/IMAGES
1. No set minimum number of proofs will be guaranteed from any shoot.
2. Proofs provided in the online proofing gallery are the final images. Images that do not meet
the standards of Niall Boyle Photography are deleted in the first part of the editing process
and are non-recoverable. Whilst every effort is made to ensure images presented are edited
to the highest standards, Niall Boyle Photography makes no commitment to the extent by
which images will be 'fixed'. For the avoidance of doubt you can be assured that the
photographer will endeavour to correct any non-permanent blemishes and make changes to
the image that improve the finished result.
3. On viewing your images, the Client is responsible for pointing out any additional editing that
you may feel is necessary BEFORE placing your order.
4. As photographic prints are bespoke products, we are unable to accept responsibility for
issues with images that are noticed after the products have been ordered unless it can be
proven that they were not visible at the time of ordering.
RECEIPT OF PICTURES
1. The pictures are presumed to have been received in good condition unless the Client notifies
Niall Boyle Photography in writing of any discrepancy or error within 14 days of receipt.
2. Because the supply of the photographs has been made to the Client’s personal specification,
the Client does not have the right to a cooling off period. By placing an order with Niall Boyle
Photography, you are committing to buy the ordered products.
PRINTING OF IMAGES
1. The photographer takes no responsibility for poor quality prints or other products, including
poor colour, cropping or any issues that alter the image quality due to using a third-party
printing lab against advice. To maintain the quality, it is advised that high street and
supermarket labs are avoided.
RETURNS POLICY
1. Incorrectly supplied items and items of poor quality can be returned and will be replaced at
no extra charge to the Client.
2. Faulty items. The client should get in contact with NBP to arrange postage/drop off of faulty
items. The Client is responsible for any costs associated with return postage.
3. Returns will not be considered for incorrectly ordered items or items ordered in error
4. No return, exchange or refund is available on any item once the image proof has been
approved, and an order placed.
COMPLETION SCHEDULE
1. Due to the nature of our sessions, completion and product delivery time may vary
depending on the time of year. Niall Boyle Photography aims to have all sessions edited
within 4-8 weeks, and your online proofing gallery password will be emailed on completion.
Wall art products, albums, prints take 21-28 Working Days for completion upon ordering.
2. Payment must be in full before order is placed.
3. Delivery for other products may vary and will be advised at time of ordering.
ARCHIVE
1. Images are kept for a two-year period at the discretion of Niall Boyle Photography. If an
order is not placed one month after the session date, images will be deleted unless
arrangement has been made.
2. When coming for your session it is assumed you have read the Terms and Conditions and
are happy with and understand them.
If for any reason you have anything you wish to discuss then please email,
niallb@niallboylephotography.com
Data Protection: Your personal information will only be used to contact you regarding your enquiry
or booking. We may also occasionally send you update emails. Please let us know if you’d rather not
receive these communications. No information will be passed to third parties for marketing
purposes.

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