1. These Terms and Conditions
1.1 These terms will apply to all services provided by Cloudberry Creative Studio LLC (“Cloudberry CS”, “us” or “we”) to you, the customer, (“you”). We will not accept any variation to these terms and conditions unless specifically agreed in writing by Cloudberry Creative Studio LLC. By making a booking you have agreed to these terms and conditions in full.
2. The Services
2.1 We agree to provide photography services with reasonable skill and care.
2.2 If you have any particular requirements or requests (e.g. specific types of photograph, props or locations) please let us know in advance of a booking. In some cases specific requests may require additional payment.
2.3 By booking a photo session with Cloudberry Creative Studio LLC you confirm that you have considered Cloudberry CS style and wish to proceed on that basis. You will not be entitled to a refund if you are not satisfied with the style of the photographs. We reserve the right to delete any photographs which we consider to be unnecessary or of poor quality and to refuse to take or store any photographs which are deemed inappropriate.
2.4 During a photo session you agree to comply with all of our reasonable directions. Cloudberry CS may bring an assistant to any photo session. Cloudberry CS is an independent professional and will not be subject to detailed instructions from you as to how she performs the services (but we will of course consider any requests for specific types of photograph which are made during a session).
3. Booking and Deposit
3.1 Please email or telephone us to make a booking. We may make a provisional booking for a photo session but no booking is guaranteed or reserved (and we will not be bound by any booking) until you have paid our deposit in full.
3.2 We reserve the right to refuse any booking for any reason.
3.3 A deposit of 50% of our full fee will be payable to reserve a booking. The deposit must be received by us in cleared funds at least 7 days prior to the proposed photo session. The balance of our charges must be paid within one week of the photo session.
4. Price and Payment
4.1 You agree to pay our charges as agreed or as set out on our website from time to time (our standard charges may only be varied by express agreement, in the absence of such agreement our standard charges will apply).
4.2 We will not attend a photo session unless the deposit has been paid and the remainder of our fees must be paid in full (without any deductions) within one week of the photo session.
4.3 We will not deliver any photos to you until our charges have been paid in full.
4.4 All payments must be paid by direct bank transfer or through PayPal. Payment details are available on our website.
4.5 Prints can be supplied at your request subject to additional payment.
5.1 If you cancel a booking in writing (including by email) and you have given us at least 24 hours notice of cancellation then we will not repay the deposit but you may roll-over the deposit to a rearranged booking. Your deposit may also be rolled over at our discretion if you have cancelled on less than 24 hours notice but our photographer has not started travelling to the engagement. If you fail to attend an arranged meeting or cancel the booking after our photographer has started travelling to meet you then the deposit may be forfeited. If you cancel on less than 24 hours notice and we agree at our sole discretion to roll over your deposit then you will be obliged to cover any of our wasted travel or other expenses in addition to the remaining charges.
5.2 If we cancel a reserved booking then we will seek to rearrange the booking with you, if we are unable to do so then we will return your deposit to you.
5.3 If you cancel a reserved booking or fail to attend an agreed meeting for a photo session then your deposit will be forfeited and will not be repaid.
5.4 If we have agreed a photo session at an outdoor location then we will not refund your deposit in the case of bad weather (but we will endeavour to find an alternative location).
5.5 We reserve the right to terminate a session immediately in the event that you are uncooperative, disruptive or abusive to us or any of our employees or contractors In the event that we terminate the agreement under this clause your deposit will be forfeit.
6. Intellectual Property
6.1 Cloudberry CS will retain all intellectual property rights (including copyright) in the photographs and other materials delivered to you. Cloudberry CS will be free to edit and enhance the photographs as we see fit (but we agree not to edit or modify any photograph in a derogatory or offensive manner).
6.2 Images which we feel are of poor quality or composition will be deleted and you will not have a right to receive all of the photographs which are taken during a photo session.
6.3 Upon payment of our fees in full you will be granted a licence for personal and family use of the photographs. This licence does not include any commercial use of the photographs for which an additional fee will be payable.
6.4 Cloudberry CS will be entitled to display the photographs we have taken for you in the gallery section of our website or on the blog and we may use any photographs in our own marketing or publicity materials. From time to time we may also license photographs for commercial use. However we will inform you before displaying or licensing any photograph of a child who is under 18 years old and if you object on reasonable grounds we will not proceed with the display, publication or licensing.
6.5 You must not edit the images in any way.
7.1 Cloudberry CS will not be liable to you for any property damage or financial loss or for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation or lost savings whether caused by our negligence, the negligence of our employees or agents or otherwise.
7.2 Cloudberry CS total liability will be limited to the amount of our charges from time to time. We will not be liable to any party other than the person who has made a booking.
7.3 In the event that all or substantially all of the photographs taken during a photo session are lost or destroyed by us then a replacement photo session will be arranged at no additional cost to you but you will not have a right to a refund. If photos taken during a photo session are lost or destroyed by you then you will need to rebook a session and a full fee will be payable (subject to such discount as may be agreed).
7.4 You will be liable for any loss or damage to our equipment if such loss or damage arises as a result of your negligent or deliberate acts or omissions.
7.5 Nothing in these terms will exclude or limit our liability for death or personal injury caused by our negligence.
8.1 Cloudberry CS will not be liable for any delay or failure to perform our duties if such delay or failure is due to any cause whatsoever beyond our reasonable control (including computer or equipment malfunction, travel disruption, strikes or Acts of God).
8.2 You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us against any amounts that Cloudberry CS may owe to you.
8.3 Cloudberry CS shall have discretion as to which of our employees or subcontractors are assigned to perform the services. Cloudberry CS may use employees or self employed contractors.
8.4 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.