Terms & conditions

General

These Terms and Conditions constitute an agreement between the photographer (Céline Mermier Photography) and the Client and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of these terms and conditions (or of any document referred to in it) shall be effective unless it is in writing.

The term Client refers to the person making the booking and any other participant whose image or recording may be captured by the photographer. A person who is not a party to this agreement shall not have any rights under or in connection with it.

Fees and Payment

There is a non-refundable deposit (retainer fee) to secure a booking. Client acknowledges and agrees that the retainer amount set out above is due upon the signing of the Agreement and is not refundable, so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by Client. The total fee for services must be paid in full on/before the day of the session.

Payment of the retainer fee indicates that you have read, understood and agreed to all the terms and conditions in its entirety.

Client Responsibility

Cooperation: The client agrees to assist and cooperate with the photographer in all matters relating to the photography services and to supply the photographer with all information reasonably requested in order for her to carry out the services. The client agrees not to take pictures on their own camera/phone during the session or screenshots from their online gallery.

Required consent: The client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by the Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants of the photo shoot.

Expenses: The Client will be responsible for travel expenses incurred by the Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not in Limerick City. The client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the services.

Safety: The Client will be responsible for the safety of herself/himself and any other participant whose image or recording may be captured during the services, as well as the safety of any attendees present at the time of the services. The Client will not leave their minor children, siblings or any other minor participant alone with the Photographer during or after the session. The client agrees to take responsibility for their own and their child(ren)’s safety throughout the session, recognising that there are additional hazards to watch out for in a professional photography studio, including, but not limited to, lights and light stands, background sheets and background stands, electrical equipment, trip hazards, fall hazards etc. If child(ren) is posed in, on or near a prop or another member of the family, the client agrees to remain nearby, vigilant and responsible for their safety at all times.

Waiver: Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

Photographer’s Responsibility

The Photographer will use reasonable endeavours to supply the Services described on this website and marketing materials in a professional manner.

The Photographer reserves the right to decline to book or carry out any session or services that she deems to pose a health and safety risk to the client, herself, or other people.

The Photographer will ensure that the Services are performed in a good, professional, safe and hygienic manner.

Artistic Release

Consistency: The Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with the Photographer’s current portfolio, and the Photographer will use reasonable efforts to consult with the Client and incorporate any reasonable suggestions.

Style: The Client acknowledges and agrees that:

The Client has reviewed the Photographer’s previous work and portfolio and has a reasonable expectation that the Photographer will perform the Services in a similar style

The Photographer will release a preview gallery where the photos will be preedited and a watermark could be applied. Once the Client chooses their final images the photos will be edited and sent to the Client without the watermark.

The Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and

Disagreement with the Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Cancelation, Rescheduling and Termination

Term: This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).

Cancellation: The Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing the Photographer with written notice no later than 2 weeks before the original date of the Services (the “Minimum Notice”). The Client acknowledges and agrees that the Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice is duly provided or unless the parties otherwise agree in writing.

Rescheduling: In the event of illness or injury resulting in rescheduling, the Photographer will use reasonable efforts to accommodate the Client’s change. If the Photographer is not able to accommodate the Client’s change despite using reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that the Photographer will be under no obligation to perform the Services other than on the original date of the Services. Only one rescheduling instance will be allowed and the Client will not receive moneys back if the event is rescheduled for the second time, unless the parties otherwise agree in writing.

Reshoot:  The likelihood of reshoots are improbable and at the sole discretion of the Photographer. Reshoots will not be given in cases where the client is not happy with their choice of clothing, hair and makeup or non cooperation from children/family members.

No Refund: Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.

Termination: In the event that the Photographer is unable to perform the Services, the Photographer shall terminate this Agreement and shall return the Retainer and all fees paid by the Client, and thereafter shall have no further liability to the Client.

Order, Sales & Fulfilment

Due to the nature of the service all orders are final and cannot be cancelled or refunded.

Image purchases are separate for each photoshoot and collections cannot be combined across photoshoots.

The Client’s decision on their selection of photos and products is final once the Photographer begins working on it and cannot be changed.

The window of time that the Client Gallery will be open will be determined by the Photographer and reopening the gallery after this time will incur a small fee.

Delivery time for prints, albums or other products may vary and the Client will be informed of the collection dates. The Photographer cannot be held responsible for delay in delivery of physical orders.

It is the Client’s responsibility to back up the delivered digital photos and ensure the safekeeping of any prints, albums or other products.

Ownership of Work Product by Photographer

The Photographer will own all right, title and interest in all Work Product. The Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants the Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by the Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with the Photographer’s studio, portfolio, website or social media, in any format or medium. The Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict the Photographer from using Client Materials as provided herein.

Céline Mermier Photography may display and use photographs taken for promotional purposes online at www.celine-mermier.com, on social networking sites for Céline Mermier Photography including but not limited to Facebook and Instagram, within portfolios, literature, display areas, exhibitions, competitions, advertising, and slide shows. If you do not wish this to be the case, please let Céline Mermier Photography know prior to the photoshoot.

Limited License to Client

Personal Use: Photographer hereby grants the Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for the Client’s Personal Use, provided that the Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card.

The Client will not make any other use of the Work Product without the Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

The Client may not alter, change, or reproduce a picture by any means (including changing the whole or part of the image by the use of filters or editing tools on social media or any other platform) without the photographer’s written permission.

Indemnity and Limitations of Liability

Indemnification: The Client agrees to indemnify, defend and hold harmless the Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product the Photographer provides to Client.

Force Majeure: Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, technical malfunctions or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.

Failure to Deliver: The Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of the Photographer (including as a result of delays in receipt of instructions from the Client) and for Work Product that fails to meet the specifications set out in the contract due to the actions of the Client or attendees or participants at the photo shoot that are beyond the control of the Photographer (e.g., failure of camera flashes, lost in mail, camera malfunction, etc). The Photographer will not be responsible for requested photographs not taken or missed resulting from events beyond the reasonable control of the photographer.

Maximum Liability: Notwithstanding anything to the contrary, the Client agrees that the Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

Data Protection

Céline Mermier Photography will store Client details such as names, contact details, addresses and session information privately and will not sell or rent this to any third parties. Please read the Privacy Policy for more information.

Complaints

In the unlikely event of a complaint, the Client should first raise the issue with Céline Mermier Photography in writing within 10 days from the date of the shoot of the receipt of images.

All reasonable measures will be taken to resolve any issues.