Terms & Conditions

Please see below the terms and conditions relating to portrait/yogi/sports photography services.

In the following terms and conditions “the Photographer” shall mean Ximena Torres Murillo trading as ‘Studio XTM’. “The Client” shall be those persons responsible for booking the photography services. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of these terms shall be effective unless agreed by both parties in writing.

Booking & Cancellation

Portrait/yogi/sports photography sessions, or any fixed cost discount packages that include additional products are payable at the time of booking. A booking is considered firm as from the date of payment. Accordingly the Photographer will, at his discretion, accept cancellations and issue a refund depending on the amount of notice received prior to the agreed date: More than 5 working days 75% refund, 3-4 working days 50% refund, 48 hours 25% refund. Cancellations with less than 24 hours notice will not receive a refund. Deposit of 50% will be required to reserve your spot and the remaining balance will be due on the day of the Photoshoot. Complete payment is optional and gift vouchers are available.

Copyright

The copyright of photographs remains with the Photographer. The Photographer grants the Client permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication, or any Commercial use of the photographs is not allowed without prior written permission from the Photographer. The Client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.

Confidentiality

The Photographer will keep confidentially and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the photography except where reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.

Images

The Photographer will be responsible for creative choices in terms of the images captured during the shoot, but will take into account the Client’s reasonable instructions in respect of the shoot brief.
Following completion of the shoot the Photographer will deliver final processed images sized for social media to the Client via a secure online platform as soon as reasonably practical and a gallery display with code access on the web. Urgent turnaround can be organised once it is expressly agreed in writing, the Client shall not be entitled to reject images on the basis of style or composition. RAW image files remain the property of the Photographer and will not be supplied.

Additional Expenses

If the portrait session is taking place on location, any entrance fees, parking fees or related expenses will be payable by the Client.
Portrait sessions include digital delivery of the best images from the shoot at a size appropriate for sharing on social media. Following the shoot, if the Client wishes to purchase full resolution digital files, prints or wall art these can be arranged at an additional cost. Additional products will be arranged on receipt of full payment and delivered directly to the Client. Please note that there will be a charge for delivery of physical products, including those redeemed as part of a gift voucher package.

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct. Retouching, digital manipulation or adjustments can be requested as an option to the Client at extra cost. The time for further image completion will then be rescheduled at the Photographer’s discretion.

Payment

Portrait/yogi/sports photography sessions, gift vouchers and fixed-cost discount packages are payable at the time of booking. Should the Client later order any additional printed products or digital files these will be payable at the time of order.

Liability

The Photographer will take all reasonable steps to make sure the equipment is in good working order, backup equipment is available where appropriate and that images are backed up in a responsible manner.
In the unlikely event of a total photographic cancellation of this contract by either party or in any other circumstance, 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 loss.