Terms and Conditions (“Terms”)
Terms and Conditions
Photography consent: The client consents to be photographed by Reka Choy from Reka Choy Photography in accordance with the details below. The client is satisfied that the details are correct.
Booking deposit / Session fee: A booking deposit / session fee is required to make a booking. This secures the time & date specified in the contract provided by Reka Choy Photography. Booking fees are non-refundable. Session fee prices can be found on my price list. The clients confirms they have received, read and understood Reka Choy Photography’s price list, which has been confirmed for our assignment on payment of the deposit / booking fee provided.
Additional cost: The booking of and any additional costs incurred for booking venues, photography locations, additional props etc are the client’s responsibility or may be invoiced unless paid for separately.
Time & Date: The details and times as agreed and confirmed between the client and Reka Choy Photography are part of this agreement and the client agreed to make every effort to cooperate in order for Reka Choy Photography to fulfil its contracted photographic duty. The client acknowledge Reka Choy Photography cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if the client chose not to follow the agreed schedule.
Payment: Payment of all packages and products must be paid in full before products are ordered. If this is an issue, a payment plan can be offered through the Photographer’s Guild subject to terms and conditions.
Order Cancellation or Variation: Orders confirmed by the Client with Reka Choy Photography are binding and cannot be canceled, altered or otherwise changed, without the express agreement of Reka Choy Photography. All changes, additions, and variations are subject to additional charges.
Vouchers: Vouchers cannot be used in conjunction with any other offer or voucher and are not redeemable for cash or any other goods, and may only be used as described thereon. Vouchers are non-transferable.
Image Files: All photographic image files remain the property of Reka Choy Photography at all times. The Client is allowed to use the images for personal use only and not allowed to sell the images to third parties for personal gain in any way or form without the written consent of Reka Choy Photography.
Copyright: The copyright of all photographs remains with the photographer. As Reka Choy Photography owns the Copyright, the Client agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy, screenshot or computer scan these images. To do so is in breach of this agreement. The client will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by Reka Choy Photography.
Printing Rights: Reka Choy Photography retains the exclusive right to make prints and reproductions of images it produces. As the printed photographs supplied by Reka Choy Photography are manufactured wit the finest materials currently available and by a professional printing lab, Reka Choy Photography unconditionally guarantees them. Reka Choy Photography however does not take any responsibility for images printed through outsourced services unless referred by Reka Choy Photography.
Marketing & Promotion: Reka Choy Photography may reproduce images from a client’s session for its own marketing, advertising, promotion, and exhibition, both internally and externally. The client agree Reka Choy Photography owns the Copyright in all photographs. The client gives permission to Reka Choy Photography to use any image of their session for industry competitions and as required subsequent usage and for reasonable general promotional advertising for Reka Choy Photography.
No Commercial On-Sale: Reka Choy Photography shall not make any commercial sale of the images without the written permission of the Client.
Client’s Usage and Reproduction: All prints and image files provided to the Client by Reka Choy Photography are licensed for personal use only, and cannot be sold or reproduced without written consent.
Artistic Licence: The Photographer shall be granted the artistic licence in relations to poses photographed and the outfits and location used. The Photographer’s judgement regarding the location/ poses/ outfits & styling, editing style and a number of images taken shall be deemed correct. It is the Photographer’s responsibility and right to choose and select and present the best images captured in the photo session, this may not include all locations, poses, outfits & styling. Due to the inconsistency of the weather or the willingness of the client it may not be possible to capture all the images requested.
Image altering: To preserve our brand and the integrity of our work the client agrees not to alter any original images provided by Reka Choy Photography. If the client requires any further cropping, altering, black and white adjustments or photoshop they will need to contact Reka Choy Photography for permission or a quote for it to be done professionally. Screenshots are strictly prohibited and must not be displayed on social media unless it is the original copy of the image untouched or cropped.
Attendance: In the unlikely event that the assigned Photographer is unable to attend your photo shoot due to unforeseen circumstances, Reka Choy Photography reserves the right to appoint another photographer to attend on her behalf to undertake the photography to his / her best ability, or to reschedule the photo shoot to another agreed date.
Viewing of final images: As stated above Reka Choy Photography has the right to choose, select, edit and present to the Client only the best and most suitable images from the photo session. Under no circumstances shall Reka Choy Photography be required to show all and every image from the session nor to show the unedited RAW files. Only the number of photographs as stipulated in the package purchased will be edited and presented to the Client. The selection of images as made by the photographer for the chosen package are final and non-negotiable. Viewing of the final edited images are in person only at the studio, appointments to be made during working hours between 10am and 3pm Mondays to Fridays only and in agreement with Reka Choy Photography. Reka Choy Photography is not obliged to accommodate any request to schedule viewing sessions outside working hours. Reka Choy Photography does not provide online viewing galleries nor should be requested to do so.
Photography of minors: For subjects under the age of 18 at least one Parent or Guardian must be present at all times, and the Parent or Guardian must maintain a visual contact with the minor.
Physical activity: Photo sessions involve physical activity. This is undertaken at the client’s own risk.
Failure to cooperate: This applies to babies and children. Should the child fail to cooperate for his/her photoshoot, the photographer takes no responsibility for lack of or no image captures. The client will still be accountable for the session fee.
Inherent Qualities: Reka Choy Photography prides itself on the very highest standards of printing, mounting, framing and reproduction. However, the manufacturing processes and use of third-party suppliers may from time to time result in minor blemishes appearing on products that are beyond our ability to avoid or remove. An attempt to have these fixed will always apply. The client, therefore, agrees to accept such blemishes or faults that are deemed to be within reasonable tolerances by Reka Choy Photography.
Limit of Liability for Digital Files and Products:
a) The digital files shall remain the property of Reka Choy Photography and shall be kept by them for 12 months from the date of the photoshoot.
b) Reka Choy Photography takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and backup equipments, however, in the unlikely event of the client’s photographs (and/or digital files) being lost, stolen, damaged or destroyed for reasons within or beyond Reka Choy Photography’s control, the latter’s liability shall be limited to a refund of fees paid, but shall not include a refund for any goods and/or digital files already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the photoshoot.
c) All orders should be placed with Reka Choy Photography before the end of a 12 month period starting at the date of the photoshoot. Reka Choy Photography will not be liable for failure to produce any orders placed after this time.
d) Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 6 months of the due of the photoshoot will lapse without value. Any product supplied will be at the sole discretion of Reka Choy Photography and forwarded by standard Royal Mail to theist known address of the client.
e) It is the client’s responsibility to inform Reka Choy Photography of changes to address.
Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the United Kingdom.
Force Majeure : Reka Choy Photography shall carry out this assignment with due and professional diligence. Elements beyond Reka Choy Photography’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/ negatives/digital files in transit between Reka Choy Photography and professional laboratories employed by Reka Choy Photography, loss or damage to film, negatives/ digital files and proofs during processing and developing either by Reka Choy Photography or professional laboratories employed by Reka Choy Photography, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent Reka Choy Photography completing in whole or in part this assignment. In this case Reka Choy Photography shall not be liable for its complete performance of the assignment. It is agreed that the liability of Reka Choy Photography shall be limited to be a refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.
Cancellations and Postponements – YOUR $100 retainer fee IS NOT REFUNDABLE. Once your retainer fee is paid your commitment is final. Cancellations must be done 7 DAYS OR MORE prior to your session date or a cancellation fee of $200 will be charged IN ADDITION to your retainer fee. The $200 penalty fee will be held by Reka Choy Photography for a period of 9 months and may be used as credit towards an alternative session within this valid period ONLY.
If you wish to postpone then you must do so SEVEN days prior to your session. Only two postponements per one calendar year allowed. Postponements any earlier to the required notice period will incur in FULL PAYMENT on day of original scheduled and the payment will remain on file for NINE months for the client to return within this period to reschedule.
If you do not attend your photo session without valid prior notice then a $300 penalty fee is payable. This penalty fee is NOT redeemable for future sessions.
The Client is to arrive ready for the photography session to commence. Hair and makeup is the full responsibility of The Client. All outdoor photography sessions will be rescheduled to the next available date with urgency should the session be postponed due to wet weather.