Terms & Conditions of Hippy and Bloom Photography

General

This website is owned and operated by: Hippy and Bloom Photography with a registered address at Lunasa, Ballinahinch, Ashford Co. Wicklow, A67HR88

By using our website, which includes access through other digital platforms such as our app, you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website.

How Hippy and Bloom Photography Works with Clients

Hours of work

Hippy and Bloom Photography is open from 9am-5pm Monday-Friday but connected projects to Hippy and Bloom Photography may operate outside these hours.

Contacting Hippy and Bloom Photography

Hippy and Bloom Photography respects that everyone uses different platforms and works different hours. Hippy and Bloom Photography will review all emails twice a day and respond to any queries within 24/48 hours Monday to Friday. Any correspondence received through mobile, social media and other platforms will be acknowledged and responded to within 48 hours.

School Photographs

Hippy and Bloom Photography are involved in capturing school pictures. All our school clients contact us to arrange for pictures to be taken- each agreement is separate and treated with the highest confidentiality and in alignment with GDPR transparency practices. Hippy and Bloom only keep any personal information for as long as needed to carry out the performance of the contract and then it is deleted. Hippy and Bloom do not keep pictures of children for any longer then required and consent from parent/ guardian is always obtained.

 

We use Proofpix to store the pictures we capture. Parents/Guardians will only be given access to their children/ guardians’ pictures. We allow digital downloads to be purchased but only for individual/sibling portraits. However, we do NOT allow class/team images to be purchased as downloads. Sometimes a school will distribute the class image as a download when we have given it to them. Please note that if the school decides to distribute class images then this is outside the control of Hippy and Bloom Photography.

 

Hippy and Bloom Photography will operate within the GDPR guidelines and will not store, share, replicate or duplicate any images/ data without the proper consents on file.

 

Storing Personal Data

Hippy and Bloom Photography respects confidentiality, transparency, and privacy. The client always has access to their records and can request copies of same under a Data Subject Access Request. Please note that this request should be sent to: [email protected]

 

Client Details

Please note that any stored phone numbers or emails will be deleted from Hippy and Bloom Photography on a yearly basis but contact information that is relevant to the performance of a contract will be stored for five years at the end of the contract in order to carry out our customer service requirements.

Use of Pic-Time within Hippy and Bloom Photography

Pic-Time- this is a third-party platform which hosts the pictures and administration resources for Hippy and Bloom Photography and where a client can purchase images through. This company is based in America and their privacy policy can be viewed here https://www.pic-time.com/?locale=en#PrivacyPolicy. Hippy and Bloom Photography may use this platform to create invoices and other administration roles- during which client/ personal data may be stored.

The Session

The Session Fee is not refundable. The Session Fee covers Hippy and Bloom Photography’s time and talent, basic retouching, creative editing and curation of images (amount depending on the session). This fee must be paid 7 days before the session is due to take place.

The Session is only confirmed upon receipt of the agreed Session Fee between both parties.

Payment is due before the session date and upon receipt of invoice unless otherwise agreed in writing by both parties. The Session will not take place without payment.

The Session starts at the agreed time, and it is the client’s responsibility to be on time. If the client is late there will be no time extension provided by Hippy and Bloom Photography. Additional photographic time can be purchased at a rate of €97/hour.

No cameras/camcorders/any type of recording device (this includes cell phone cameras) are

allowed during the session unless prior arrangement has been made between client and

Hippy and Bloom Photography, including a written agreement. Hippy and Bloom Photography will not continue if there are other cameras or videotaping during the session. Please do not bring any children not being photographed to the session.

Safety

Hippy and Bloom Photography reserves the right to terminate any session or coverage, if Hippy and Bloom Photography or any of her representatives experience inappropriate, threatening, hostile or offensive behaviour from any persons; or if the safety of Hippy and Bloom Photography or her representatives comes into question.

Hippy and Bloom Photography retains all copyrights to all images created during client’s session.

A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without Hippy and Bloom Photography’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Hippy and Bloom Photography during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images.

If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at Hippy and Bloom Photography’s current price per digital file.

We work very hard to create images that reflect you and your family, while keeping in line with our artistic vision and creativity. We know you will want to share them and include a sneak-peek for that very reason. We hope that you will respect not only our hard work, but the time, money, and dedication that we have put into training and equipment to capture these images for you. Please do not steal them.

Location Cost & Fees

The Location Session Fee covers travel within 30 km of Delgany. Any location outside of these limits will be subject to an additional charge of €0.70/km round trip as part of the agreement.

If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. Hippy and Bloom Photography will not guarantee or arrange payment on any location.

Permits

Hippy and Bloom Photography is responsible for acquiring all permits and necessary permission for all locations on which the Studio will be performing services.

Liability

The client will be responsible for their child/children and for themselves and release

Hippy and Bloom Photography from any claims against her person, her representatives or the Studio.

Hippy and Bloom Photography and the Studio will not be liable for any accidents, injury, or damages caused by either Hippy and Bloom Photography or client(s), that occur during or as a result of the session and are not responsible for any injuries or illnesses inflicted upon any participating parties.

The client assumes all responsibility for their children or any other subjects during the session; including any and all destruction of personal, business or public property, personal injury or illegalities. If the client(s) injures Hippy and Bloom Photography or damages the photography equipment, the client shall be solely responsible for paying for all injuries and damages that are the direct or proximate cause of the client, within a reasonable period of time. The client shall assist and cooperate with Hippy and Bloom Photography, in obtaining desired photographs.

Hippy and Bloom Photography shall not be responsible for photographs not taken as a result of client’s failure to provide reasonable assistance or cooperation. Hippy and Bloom Photography is not responsible or liable for the condition of any child or animal being photographed. The client accepts that it is their responsibility to assure that their child/children are in suitable condition to be photographed.

Hippy and Bloom Photography is not responsible for photographs not taken due to uncooperative children/ persons, wardrobe malfunction, and other acts that cannot be controlled by Hippy and Bloom Photography.

Hippy and Bloom Photography or the Studio shall not be liable to the client for any failure, in whole or in part, to fulfil obligations where failure arises as a result of an event or circumstances beyond their control, which may include (but are not limited to) equipment failure, weather, illness or injury.

If Hippy and Bloom Photography cannot perform this contract due to fire, casualty, act of God, illness, emergency, or other causes beyond their control, and cannot reschedule, Hippy and Bloom Photography will return to the client any money paid, including the Session Fee, but shall have no further liability in respect to the contract. This limitation of liability shall also apply in the event that the photographic materials are damaged in processing, lost through a camera or computer malfunction, lost or damaged in the mail, or otherwise lost or damaged without fault or intent on the part of Hippy and Bloom Photography. In the event that Hippy and Bloom Photography fails to perform for any reason, they shall not be liable for any amount in excess of the agreed Session Fee.

Archive

After twelve (12) months unedited files will be deleted as necessary to free up storage space. All images may be purged from Hippy and Bloom Photography’s hard drive, except as needed for promotional purposes, to be determined by Hippy and Bloom Photography at Hippy and Bloom Photography’s sole discretion. Hippy and Bloom Photography is not responsible for loss or damage to the digital files due to circumstances beyond Hippy and Bloom Photography’s control.

Hippy and Bloom Photography reserve the right to delete all images after 5 

Order Payments

As stated above, the Session Fee is due in full, unless otherwise agreed by both parties in writing.

The Studio accepts cash, cheques and direct online payment. The Studio is not responsible for any card or banking charges that may be charged to the client. All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received.

If the client has arranged a payment plan, once a product from the order has been paid in full, the item will be released to the client.

By placing an order with the Studio, the client has committed to buying the ordered products.

Returns will not be considered for incorrectly ordered items by the client.

No return, exchange or refund is available on any product once the image proof has been

approved by the client and an order placed.

Re-Shoots & Refunds

All minors remain the sole responsibility of the client on the day of the shoot, as such the results of the session will be dependent on the client’s commitment to being involved and following the professional instruction of Hippy and Bloom Photography. Hippy and Bloom Photography accepts no responsibility if a session yields fewer photographs than the average of 15-25 photographs and as such no refund will be given.

Hippy and Bloom Photography is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Hippy and Bloom Photography from any claims against their person or their business.

Rescheduling

If an illness or situation prevents a session from taking place, the client may reschedule their

session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours’ notice, or decide to completely cancel the shoot, the entire Session Fee is forfeited and will not be refunded. This applies to Gift Vouchers value also.

Hippy and Bloom Photography reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.

Re-shoots are determined at the discretion of Hippy and Bloom Photography. Re-shoots and refunds will not be given for poor choices of clothing etc, weather-related issues, or by not following the recommendations of Hippy and Bloom Photography. Hippy and Bloom Photography shall be entitled to use their judgement regarding the style and artistic input of the photographs. This includes but is not limited to locations, poses and number of photographs taken.

Special requests shall not be deemed as binding instructions although every effort will be made to comply with the client’s wishes. Due to vagaries such as weather or the willingness of young children, it may not be possible to capture all photographs requested or produce photographs to the client’s full expectations.

Photography Policies

Hippy and Bloom Photography will strive to complete sessions, editing and orders in a timely manner. After the client session, Hippy and Bloom Photography will provide an online proofing gallery for viewing and ordering and/or an ordering session will take place at the Studio.

Hippy and Bloom Photography is not liable to deliver every photograph taken during the session. If your family/subject is unwilling to perform or disinterested in the session, you may receive a lower number of images. 

Hippy and Bloom Photography will only provide the client with images they feel are representative of their brand and therefore, the number of images provided is entirely at Hippy and Bloom Photography’s discretion.

The online proofing gallery will be online for an agreed period of time from the date of release, and the client is encouraged to order in a timely manner. The Studio price list is only guaranteed for 30 days from the shoot date. Re-activation of an expired gallery may incur a fee, as determined by Hippy and Bloom Photography.

All products must be paid for in advance before an order is placed with any third party or put into production. Payment plans are available at Hippy and Bloom Photography’s sole discretion. Once an order for products is placed, no refunds will be given.

Product production can take up to four-to-six weeks, depending on the product. Clients can pick up their products from the Studio during business hours, at an agreed location, or have products delivered. The cost of shipping will be paid for by the client unless otherwise agreed between both parties.

Pricing Disclosure

The client contends that they are aware of and have viewed the current price list for the session fees and any and all products. Prices are adjusted periodically and as such are subject to change.

The price list provided to the client or shown in the online proofing gallery is guaranteed for 30 days only after the session. Any future orders shall be charged at the prices in effect at the time when the order is placed.

Product Damage And Reprints

Hippy and Bloom Photography is not responsible for the damage of portraits after delivery to client, including damage caused during transit by mail. Client assumes all responsibility for the safety of all portraits upon receipt.

Products

If any products arrive damaged through no fault of the client, the client may return the products for a refund or replacement once the client has notified Hippy and Bloom Photography in writing of such damage upon receipt of the item(s).

The client assumes all responsibility for the safety of all products upon receipt. The client is aware that unless choosing an archival product, colour dyes in photography products may fade or discolour over time due to the inherent qualities of dyes, and the client releases Hippy and Bloom Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. 

The client accepts that the Studio is not responsible for the longevity of any unframed

photographic prints.

Hippy and Bloom Photography will make every effort to provide the most accurate colour reproduction on products purchased through Hippy & Bloom.

Hippy and Bloom Photography has no liability whatsoever for the quality of any prints or products reproduced by the client from digital files purchased from or provided by the Studio.

Hippy and Bloom Photography shall not be held liable for loss or destruction of files, prints or products once they have been received by the client.

Gift Vouchers

Gift Vouchers should be used within 5 years of issue date. Session fee and product prices are

subject to change and as such, Hippy and Bloom Photography and Studio cannot be held to any prices or offers listed online or in print at the time of Voucher purchase.

Vouchers must be used for stated purposes only.

Vouchers are the sole responsibility of the holder. Neither Hippy and Bloom Photography, any representatives or Hippy & Bloom Photography accept responsibility for vouchers that are lost or mislaid.

Holders must identify themselves as voucher holders when contacting Hippy and Bloom Photography and quote voucher number and/or any specific offer at the time of booking.

Termination Policy

Hippy and Bloom Photography can only work with a client if the relationship is open, transparent, and reciprocal. If either party feels that the relationship between the client and Hippy and Bloom Photography has broken down, then Hippy and Bloom Photography and/or the client retain the right to withdraw from the agreed contract. All efforts will be used to re-establish the lines of communication between all parties but if this fails and it is agreed to terminate the contact then 7 days’ notice from either party is the minimal amount of time required to close off all outstanding work and invoices will be produced to cover all due monies on your account.

Protection of Intellectual Property

The materials supplied by Hippy and Bloom Photography (including all website content and content supplied at workshops and seminars) are of a confidential nature. From time to time, Hippy and Bloom Photography may use examples of work they have created or businesses that have worked with to illustrate their quality of work. Any attempt by the Customer to enter the markets that Hippy and Bloom Photography operates in after gaining possession of such educative materials will be classed as entering competition with Hippy and Bloom Photography.

a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, controlled or licensed by or to Hippy and Bloom Photography

b) Except as expressly provided in these Terms, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution or for any commercial enterprise, without Hippy and Bloom Photography’s express prior written consent. 

Speaker Engagement 

Hippy and Bloom Photography may carry out various speaking engagement. Each event is created individually, based upon the conversations and information that has been provided through the performance of the contract. The content of these events remains the intellectual property of Hippy and Bloom Photography once the event has taken place and are not allowed to be replicated, duplicated, copied or re-used without the express and unequivocal consent of Hippy and Bloom Photography. Recordings of the event cannot take place without the express permission of Hippy and Bloom Photography, who will be captured during the function of carrying out her contracted role, and this must be obtained prior to the event taking place.

Please also note that Hippy and Bloom Photography authorizes the sharing of all recordings provided for an organisation only the ethernet of that business and cannot be shared externally outside that company without Hippy and Bloom Photography’s express permission. Any social media images used in connection to any event Hippy and Bloom Photography participates in must be approved prior to publication and Hippy and Bloom Photography also retains the right the publicise her role in this event across her social media platforms. 

Legal Advice 

Hippy and Bloom Photography reserves the right to consult with their legal advisors in all cases of Court orders for access to personal records and/or all other information requests. 

Where other names have been mentioned through the course of the sessions with Hippy and Bloom Photography then Hippy and Bloom Photography reserves the right to redact these names on all shared documentation. 

Hippy and Bloom Photography Terms & Conditions of Service 

Contract Of Sale

When you order services from us, the terms in force at the time of your order will apply as the contract of sale between you and us.  This contract of sale begins to be formed between us when we issue an invoice. You shall only become the full owner of the service once we have received full payment for it.  

Indemnification, Liability, And Limitation

The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.  Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents.  In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, you unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms.  You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/or digital goods; or your fraud or negligence.  For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss.  Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.  

Errors, Inaccuracies And Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.

Sales Of Services 

If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any services that we offer.  We reserve the right to discontinue any service at any time.  In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services or digital goods.  We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law.   All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Prices for our services are subject to change without notice.  We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such.

Refunds

We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis.  We encourage you to contact us as soon as possible after delivery should you discover a fault or defect in the services or digital goods. Please read our terms for cancellation and terminations earlier in this document.

Social Media Platforms 

Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively.  You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details.  We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.  

Data Protection, Privacy And Security 

Your rights to data protection and privacy, including security over data, are very important to us.  We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service.  This website processes information from you as per our Privacy Statement.  When you, amongst other actions, visit our website, enquire about services or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement.

Governing Law And Disputes 

This website is hosted, controlled, and operated from the Republic of Ireland and therefore governed by Irish law, subject to the terms of Public International Law.  In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply and the appropriate courts of the Republic of Ireland will have jurisdiction.

Variation Of These Terms & Conditions 

We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice.  Please refer to these terms when you visit the website as they may change from time to time.

Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Entire Agreement

These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms).  Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

Contact Information 

You may contact us by e-mail at the following address: [email protected]

Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them.  This information should not be considered as made manifestly public for the purposes of general marketing contact.