Terms and conditions
In the following Terms & Conditions the’’ Photographer’’ shall mean Mara Cabral trading as The Wind and the Sun Photography.
The “Client” shall be the person(s) named on the Booking Form/Contract.
The Terms and Conditions listed below apply to all sessions booked with The Wind and the Sun Photograph and by booking your session and paying your booking/session fee, you are accepting these Terms & Conditions as legally binding.
The Wind and the Sun Photography reserves the right to change these Terms and Conditions at any time.
Terms & conditions
Booking Fee & Payment Terms
When booking your session(s) with the Photographer, you will be asked for a non-refundable booking fee of £20 to secure your session. The booking fee will be deducted from the full session fee.
The balance of the full session fee will be payable up until the time the session takes place.
All prices quoted exclude VAT, as the Photographer is not registered for VAT.
The date and time for the session are subject to availability and will be agreed between the Photographer and the Client when the booking fee is paid.
3. Cancelling & Rescheduling A Session By The Client
If the Client needs to reschedule a session due to circumstances beyond their control, an alternative date and time will be arranged whenever possible. If the Client reschedules the same session more than 3 times, the booking fee will be retained and a new booking fee will be needed to rebook the session.
If the Client wishes to cancel the session altogether, the booking fee will be retained.
4. Cancelling & Rescheduling A Session By The Photographer
If the Photographer needs to reschedule a session due to circumstances beyond their control, an alternative date and time will be arranged whenever possible. If for any reason it is impossible to reschedule the session, the Photographers liability will be limited to any session fees or booking fees paid. The Photographer will not be responsible for any further costs.
5. Late Arrival For A Session
To make the most of the available time, please arrive on time for your session(s). We will try to be as flexible as possible, however if a client is over 30 minutes late for a session, without prior notice, we reserve the right to cancel or reschedule the session.
If the session is cancelled, the booking fee will be retained.
The exact location of the session will be discussed between the Photographer and the Client. The Photographer will try to accommodate the client’s wishes as much as possible, but the Photographer reserves the right to refuse a given location.
The Photographer works on a radius of approximately 15 miles from the town of Llanelli. Locations further away than this distance will be discussed on a one to one basis, but there will be an extra charge for travelling expenses.
Outdoor sessions may need to be rescheduled due to rain or extreme weather conditions that may cause danger during the session or traveling to it. The Photographer reserves the right to make the final decision on rescheduling an outdoor session. Outdoor sessions will not be rescheduled due to overcast weather.
We kindly ask that no cameras, mobile phones or devices are used to take images during the outdoor session.
7. Completion Of The Session
The Photographer will end the session at their discretion when it is determined that adequate images in terms of quality and quantity have been captured. The Photographer will make every effort to comply with requests for specific photos. Please ensure these are notified in advance of the session.
Requests that are deemed by the Photographer to be unsafe will be refused. It may not be possible for all of the images requested, or those expected, to be captured.
The Photographer reserves the right to refuse any specific requests that might not be in line with their artistic vision.
In the unlikely event of a complaint, this should first be raised by the Client with the Photographer in writing within 10 days from the date of receipt of images. The Photographer will aim, whenever possible, to resolve the complaint to the satisfaction of both the Photographer and the Client.
If the Photographer is unable to resolve the complaint to the satisfaction of the Client, the Photographers liability will be limited to any session fees or booking fees paid. The Photographer will not be responsible for any further costs. In this case, the Photographer will retail all images produced during the session.
Due to the nature of the digital images, no refunds will be given after the high resolution digital images have been delivered. Any prints will have to be returned for a full refund.
Under the Copyright, Designs and Patents Act 1988, all copyright of photographic images belongs to the Photographer. The edited images resulting from the session will be presented to the client in an online digital watermarked low resolution image gallery. Any images from this online gallery or from other online sources (website, Facebook page, Instagram, etc.) may not be reproduced, copied, published, manipulated, stored, projected or altered in any way, without written permission of the Photographer. Facebook posts of non-purchased images may be shared, but any attempt to copy, store or alter these images in any way will be considered to be a breach in copyright.
10. Final Images
Final Images will be completed within 4 weeks following the session(s), after which the Photographer will send the Client a link to a password protected on-line gallery of low resolution watermarked images. The gallery will remain live for a period of three weeks.After this time, it can be reinstated for a further 72 hours at a cost of £10.
The Photographer will provide a minimum of 20 images per session, but If for any reason the session results in less than 20 useable images, the Client will be offered a reshoot. Please keep in mind that the photographer will not be held responsible for circumstances beyond their control (like children not smiling to the camera) but The Wind and the Sun Photography will always aim for the satisfaction of the client and try their best to produce the images they expect.
Images will be processed in a style that is consistent with the Photographers work. The Photographer aims for full Client satisfaction and will try to accommodate the Clients wishes as much as possible, however the Photographer is granted total artistic control over the final images.
Should you require extra retouching of your images, it may be subject to an additional charge.
Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints may not match images rendered on any particular computer monitor.
11. Digital Images
All digital images will be delivered in high resolution Jpeg format. When up to 14 images are acquired from the session, these will be delivered through internet upload using Dropbox. When more than 14 images are bought, these will be presented in a presentation USB stick. If the USB stick is reported as defective within one year of delivery, it will be replaced upon return of the defective one. The client is advised to back up any digital files acquired from the session.
The client will have reproduction rights over the high resolution digital images for personal use only. The images can be copied and printed, but they cannot be sold or used in any contests without written consent from the photographer as this will be considered to be a breach of copyright.
Orders placed for prints will normally be delivered to the Client within two weeks from payment. Fine art prints may take up to 3 weeks. The Photographer will not take responsibility for any delays or interruptions caused by either the professional printing lab or the postal service.
Depending on the print size that the Client chooses, some cropping may have to be made to the image. If a particular print size is unsuitable for a given image, the Client will be advised by the Photographer.
The Photographer works with trusted professional labs. If the Client orders their own prints, the Photographer will not be responsible for those prints provided to the Client by the third party.
Prints bought from the session cannot be digitalised or scanned as this will be considered to be a breach of copyright.
Due to the bespoke nature of our work, it will not possible to amend or cancel an order after it has been placed with the Photographer.
If any prints have been found to be damaged during delivery, the Photographer will supply a replacement upon return of the damaged prints.