Terms and Conditions
Note – For the purpose of this document Irene Bibee at Vine and Branch Photography shall be referred to as Vine and Branch Photography. The visitor to the site or the individual (whether representing an organization or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of Kentucky shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) 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.
2) BOOKING FEE
a) This booking fee is not returnable except in the event of Vine and Branch Photography canceling the booking, or missing a birth session as it is very likely a baby may come at an unexpected time. A portion of the deposit will be returned.
b) Booking fees taken for newborn sessions are nonrefundable except in the event that Vine and Branch Studio cancels the booking. Except for exceptional circumstances solely as a result of bereavement.
c) Cancellation of the session by the client will result in the client losing their booking fee, (except in bereavement situations)
2a) MINIMUM SPEND
a) The client accepts that booking with Vine and Branch Studio enters themselves (as a client) into a contract whereupon a minimum spend of $350 is required on products (excluding booking fee) within X time (set by Vine and Branch Photography ). Any promotional or referral gifts are given by Vine and Branch Photography will only be provided to the client following receipt of said $350. Hardship payment plans are available in special circumstances as to be discussed & agreed with Vine and Branch Photography
) Milestone packages are the only exception to the $350 minimum spend, at which the milestone minimum spend is set at $200 per session (excluding booking fee).
3) FULFILLMENT OF OBLIGATIONS
a)Vine and Branch Photography shall not be liable to the Client for any failure, in whole or in part, to fulfill 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.
b) The Client understands and accepts that the photographic coverage will be as Vine and Branch Photography ‘s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) 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.) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, Vine and Branch Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
All images produced by Vine and Branch Photography are printed on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by JRP. JRP will not be held responsible for variances in images caused by clients viewing images on non-calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at Vine and Branch studio located at 3422 Stony Spring Circle. There will not be any online viewing all viewing will be in person at the studio or in a home.
a) Although Vine and Branch Photography will do its best to produce more somewhat edited color corrected proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced. The client will not alter or copy or screenshot proofs for use on social media without payment.
6) ARTISTIC INPUT
a) Save as otherwise agreed between the Client and Irene Bibee, Vine and Branch Photography shall be entitled to use its judgment regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses, and a 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. In the event of uncooperative children at a session of any kind, for any reason, Vine and Branch Photography may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all older children at all times during sessions.
b)Vine and Branch Photography fully edit all images before presenting to Client. Additional edits are carried out at the discretion of Vine and Branch Photography and reserves the right to charge the Client for additional editing to cover time involved, at a rate of $25 per image. 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.
c) We only provide maternity gowns for maternity sessions NO FABRICS and only those available to us in our stock. For newborns, we provide swaddles, wraps, little outfits and props like buckets baskets etc. The client is allowed to bring two items from their collection for a prop. We are not obligated to buy extra things above what we have in our stock.
d) Assistants are a personal need to a photographer they will be hired on as needed basis and are not guaranteed for any session other than wedding photography and multiple newborns like twins.
7) COPYRIGHT & REPRODUCTION
a) Copyright is retained by Vine and Branch Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Vine and Branch Photography.
b) The Client may not alter or add to or manipulate a picture by means of a computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Vine and Branch Photography ’s written permission.
c) Permission to reproduce a picture is granted to the Client by JRP only when a fee for the reproduction has been agreed with Vine and Branch Photography and an invoice has been issued by Vine and Branch Photography and paid in full by the Client to Vine and Branch Photography.
d) In the event of unauthorized reproduction, the Client shall pay by way of liquidated damages to Vine and Branch Photography unauthorized use fee of $150 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by Vine and Branch Photography is personal to the Client and may not be assigned to any third party without Vine and Branch Photography ’s prior written consent.
f) The Client will fully indemnify Vine and Branch Photography against any unauthorized 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 Vine and Branch Photography ’s prior written consent).
a) While Vine and Branch Photography has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
9) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies Vine and Branch Photography in writing of any discrepancy or error within 14 days of receipt.
10) COOLING OFF PERIOD
a) Because the supply of the photographs has been 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.
b) By placing an order with Vine and Branch Photography you are committing to buy the ordered products. Products take anywhere from 30-60 days to deliver.
11) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Vine and Branch Photography. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
12) USE OF PICTURES
a) Vine and Branch Photography retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work. No images will be taken, stored or publisher of a sensitive manner… sensitive images include images of genitalia. Newborn buttocks are excluded from a sensitive material.
13) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
IMAGES ARE KEPT FOR THE PERIOD AS DOCUMENTED BY Vine and Branch Photography AT THE DISCRETION OF Irene Bibee, CLIENT ORDERS ARE REQUIRED WITHIN THE TIME PERIOD TOLD BY Vine and Branch Photography UPON GALLERY OPENING.
Communication with Irene Bibee at Vine & Branch Photography is very important to remain apprised of important and time-sensitive information. If you are sick or have hardships and are unable to come to your session, or order your pictures in time please let us know. If you don’t communicate in 30 days all image will be deleted. All retainers will be held and will not be refunded. By signing this contract you agree to notify Vine and Branch Studio of changes in my contact information, complaints and grievances via the following route. ( Acceptable forms of communication: Includes emails, cell phone call, voicemail, facebook fan page via private mail and current situations), and acknowledge that I may be contacted by mail, email, telephone, voice mail, NO text.
I further acknowledge that I may incur a charge for such text message(s) and agree that any charge(s) shall be my responsibility and not that of Vine and Branch Photography.
“In the unlikely event that Client is completely dissatisfied with the final results, Photographer will re-shoot the session at no additional charge one time. The client is then able to order prints from the second portrait session ONLY. I will neither edit nor give any images from the first session unless they are for my personal use.
- I do a reshoot at no cost. Images from the prior session are no longer viable at this point.
- Then if they dissatisfied still I issue a refund form and eventually issue back all funds via pay pal
- If it is an editing issue I will re-edit once. If they are still unhappy I issue a refund.
- Images from a session complained about cannot be used for anything whether social media print and all
- If someone proceeds to write an unfounded negative review about our services, we will withdraw all services from that point forward. We take our reviews seriously we try to fix all issues if communicated in the right manner.
ALL DISCOUNTS AND PROMO CODES WILL NOT BE TRANSFERABLE to the second session or reshoot. You will look at your images the same day and choose which ones you want to be edited. All images are processed with 21-30 days. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded.
ALL REFUNDS ARE PROCESSED WITHIN 7 BUSINESS DAYS AFTER FILLING OUT A REFUND FORM AND BY PAYPAL ONLY…MINUS Any CANCELLATION CHARGES AND COSTS INCURRED. THERE WILL BE NO CASH OR CHECK REFUNDS ALL REFUNDS ARE PROCESSED ELECTRONICALLY ONLINE VIA PAY PAL WITH A TRANSACTION ID.
Please create a Paypal account if you don’t have one it takes a few minutes. Vine & Branch Studios reserves the right to refund any monies to requesting parties. The client will not retain any of the images once the session is canceled and a refund is issued. The Photographer will still have all rights to the Images of the session as set forth in this Agreement. ”
16) TURN AROUND TIMES
ALL GALLERIES ARE PROCESSED IN 21-60 BUSINESS DAYS NO WEEKENDS
-WEDDINGS 60 DAYS
-FAMILY and MATERNITY 21-45 DAYS
-NEWBORN 21 -30 DAYS
-SNEAK PEEK 7 DAYS
-BIRTH 45 DAYS
-PERSONAL PROJECTS AND MODEL CALLS ARE 120 DAYS ( Depends on how busy I am)
17) MODEL CALLS
Models, please note that it is a model call and NOT a paid job. All models will get one hi-resolution image print for their time. This image will be selected by the photographer edited and sent to you. Model call processing times are dependent on my workload. Please note that it may take up to 120 days. You will be notified when images are done. You are not obligated to buy any images from a model call unless you want to buy over your free image that comes with your time. I am not obligated to sell my work for model calls or personal projects. Ther will not be any re-editing of images. All extra cosmetic retouches are billable based on the work required.