Terms of Service
Thank you for taking an interest in Oana.London Fine Art Portraits (“us/we/our”). Please read these Terms of Service carefully. Should you decide to use our services we will ask you to sign a printed copy before payment of the balance relating to our services. We will be happy to answer any questions or concerns you may have in relation to these Terms at any time.
Booking Form - A booking form signed by you further detailing the Photo Services.
Photo - Any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by Oana Mihoc (or other such photographer who we shall choose in consultation with you).
Photo Services - The event or series of events during which we shall provide photographic services to you i.e. for a Wedding this shall be the Wedding Day or for a portrait this shall be the day of taking the portrait(s).
Reproduction - Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.
Session Fee - A non refundable fee taken for our Photo Services in relation to portrait photography.
2. Ownership and Copyright, Editing and Retouching. Artistic View
The copyright and all other rights in the Photos shall be retained by Oana Mihoc, trading as Oana.London Fine Art Portraits (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.
Session details, costs, included items and usage rights: The photography will occur on the dates and times specified above and the images resulted and deemed as fit for purpose by the Photographer will be processed and delivered within 20 days of the shoot. Consumable materials and existing props required for the photographic processes will be included, but additional props or styling items will be the responsibility of the client.
The images resulted will be delivered in print, as well as full resolution jpg digital files, inclusive of standard editing and retouching. No source images (unedited) shall ever be delivered to anyone under any circumstances.
Oana.London Photographer is granted total artistic control over the final images and the Client understands that these are the steps Oana.London Photographer will take when referring to retouching.
The Client(s) understands and accepts that the photographic coverage will be as Oana.London Photographer professional expertise determines and that not one photograph be deemed more important than another. Every effort will be made to comply with your wishes in the frame of this agreement. Any additional requests not notified on this booking form must be made by the Client in writing and can be subject to extra charges.
The prices on the website may be out of date. We reserve the right to adjust prices at any time without prior notice. All prices are in sterling (£). The correct price for the Photo Services shall be stated on the Booking Form.
4. Booking Fee and Balance
4.1 Photo Shoots - A Session Fee will be taken to secure the booking. This Session Fee is non-refundable for cancellations up to 14 days in advance of the session date. The balance is payable on delivery of the finished photos. For photos ordered more than 60 days after the shoot, price changes may apply if the prices changed in the meantime.
4.2 Any shooting time in addition to that on the Booking Form shall be chargeable at £[ 50 ] per hour.
4.3 No more than 1 promotion can be applied to each separate photo shoot.
Payment can be made by the following methods:
6. Change of Date
If you need to change the date of the Photo Services then any new date will be subject to the Photographer's availability. We shall use reasonable endeavours to arrange an alternative date for the Photos Services. If we can agree a revised date we will ask you to fill in a new Booking Form which shall constitute a new agreement on these same Terms and Conditions. In the event that we cannot agree another date with you then the deposit will be lost.
7. Our Obligations
We will use reasonable endeavours to supply the Photo Services as detailed in the Booking Form in a professional manner (time not being of the essence in respect of any of our obligations).
8. Your Obligations
You agree to co-operate with us in all matters relating to the Photo Services and to supply us with all information reasonably requested by us in order for us to carry out the Photo Services.
9. Force Majeure
9.1 We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by:
9.1.1 the models not being on time or the place of the shoot having photography restrictions;
9.1.2 any inhibiting background, location, or additional arrangements with other photographers; and/or
9.1.3 any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
9.2 In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement then we shall refund to you any fee paid in relation to the interrupted Photo Services in full (subject to our limitation on liability in Clause 10).
10.1 Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
10.2 The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
10.3 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
11. Advertising and Promotion
We reserve the right to use all images for advertising purposes (including website based advertising, leaflets, brochures, postcards, galleries and competitions).
This website content is protected by copyright laws and it may present some stock images for orientation only purposes.
14. Data usage
14.1. This site is registered with Google Analytics and collects cookie data that may be used for advertising retargeting. This data will store your activity on this website, the pages you visited and the items you showed an interest in. This information may be shared with advertising platforms (Facebook, Instagram, Google Ads). If you wish to opt out, you can use this tool from Google https://tools.google.com/dlpage/gaoptout/
14.2. If you choose to share your email in order to be contacted by the owner of this website, either as part of a promotion or simply by asking for details via the contact page, you will receive emails regarding that specific item. You may also receive a permission request to be emailed about any important news or new offers from the Photographer. Your email and personal information shall be kept secure and never shared with third parties.
These Terms and Conditions and the Booking Form constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing.
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this Agreement shall not have any rights under or in connection with it.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.