Terms and conditions of the service

Terms & conditions of the service

In the following terms & conditions “the photographer” shall mean Oihana Barato trading as Oihana Barato Portrait | Portrait Photography. “The client” shall be those persons defined as clients. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

1. Copyright

The copyright Designs and Patents Acts assign the copyright of the images to the photographer.

2. Display

The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

3. Creative license, coverage and reproduction

Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements. 

Special requests are not binding instructions, although every effort is made to comply with the client’s wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects. 

Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

4. Payment

A photoshoot fee of £350.00 will confirm your booking, as well as full acceptance of the terms and conditions in this form.

Payment of the products and images selected by the client will be made after the reveal. 

Titles to all goods remain with the photographer until paid for in full by the client(s).

5. Force majeure

In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid or a new date will be agreed by the photographer and the client if preferred. 

6. Digital negative files

 All digital negatives (computer files) remain the property of the photographer. All packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

7. On the day

The photoshoot’s duration is up to 4 hours and it will start at the agreed time. It is the client’s responsibility to arrive on time. No extra time will be added.

The client(s) must come ready for the makeover as per agreed on the preparation call. It is also the client’s responsibility to bring the outfit in good condition.

8. Personal accident

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

9. Cancellation fees

If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:

  • Cancellation from the booking date and more than two weeks to go until the photoshoot, the photoshoot fee of £350.00. 
  • Cancellation with less than two weeks to go until the photoshoot date, full price for the complete photographic coverage booked.

10. Delivery

The photographer will endeavour to deliver the products as quickly as possible. However this could take up to 4-6 weeks during busy periods.

11. Applicable law

This contract shall be governed by the laws of the United Kingdom and any applicable law.