T&C - Pearl&Co. Photography & Creative Studio

All services are subject to current Pearl&Co. terms and conditions.

Discuss and schedule your booking with us through our Facebook Page Messenger.

The Booking Form needs to be submitted once you have read the T&C.

Terms & Conditions of Service

Pearl&Co. Photography is owned by Christine Saliba a.k.a Pearl ("the photographer”). Please read these Terms and Conditions carefully, as they apply to your (“you/the client”) booking (“Photography Services /session/sitting”).

***

Continuing with your booking means you are agreeing with these terms

***

ACCEPTANCE of service

These Terms and Conditions constitute an agreement between the parties.

Your booking and payment of your deposit signifies acceptance of these terms and conditions as a legally binding contract.

No variation of this contract shall be recognised unless explicitly agreed to in writing prior to accepting the service, through e-mail on info@pearlandco.com.mt

Any booking or payment made to the photographer (including the deposit) indicates that you have read, understood and agreed to all the terms and conditions as set out in this document, in its entirety. If this contract has to be enforced, you agree to mediate instead of court proceedings.

COPYRIGHT & OWNERSHIP

The copyright and all other rights in the Photos shall be retained by the photographer.
Any unauthorised reproduction or modification of any images will constitute a breach of copyright.
The photographer will give you access to an online gallery of a set of unprocessed images. These images must not be copied, edited or altered in any way.
If you wish to share photographs to your own network (i.e. Facebook, blog or any other online channels) you agree to do so with the processed and final product and only once you have purchased and paid for them.
Crediting the photographer or buisness name "Pearl&Co." in your posts is voluntary and is greatly appreciated as it is a form of respect towards the work involved.
It is not permitted to take any photographs within studio parameters unless photographer's consent is given on the day.

RESERVATIONS

Your booking is confirmed only once the booking form and deposit are received by the Photographer.
The Photographer reserves the right to decline to book or proceed any session planning with clients who are perceived as not a good fit with the photographer. In this instance, the photographer may refer the client to other service providers whom are believed to be a better fit with the client.

RESCHEDULING & CANCELLATIONS

If the photographer or the client are in need to reschedule the session, for example due to injury or serious illness or any unavoidable circumstances that affect both parties ability to take part in the session, rescheduling will take place within a six-month period without additional charges.
Photographer/Client is to advise the other party that they can no longer make the session at least 24 hours in advance.
Rescheduling is subject to the Photographer’s availability.
In the event that we cannot agree on another date/service/gift voucher, then your deposit will be lost.
Fee of €30 is applicable to re-book your session in case of no show.
Your deposit is lost and non-refundable should you decide to completely cancel your booked session.
Gift Vouchers and Gift Certificates are non-refundable and must be booked within 12 months from the date of purchase.

HEALTH

If you or any member attending the session is ill by an infectious disease, you must let the photographer know and rearrange your session when fully recovered.
Illness is taken very seriously, we need to protect the health of all clients, who often include newborns. The photographer reserves the right to refuse/stop the session if any concerning symptoms are visible.
Inform the photographer upon booking, if you or anyone attending the session suffers from any health conditions including allergies, photosensitive epilepsy, medical issues, physical difficulties and disabilities.

PRICES & PAYMENTS

Your session pricing is agreed at the time of booking. Booking your session by paying your deposit guarantees that you benefit from current rates.
Sessions rescheduled by the client are subject to the prices current at the time of rescheduling.
The photographer reserves the right to adjust prices at any time without prior notice. All prices are in euro (€). Tax included and VAT exempt.
The balance is to be paid in full before any prints, albums or other products are ordered on your behalf. Payment can be made by Bank Transfer, Mobile Transfers via Revolut/BOV Mobile or via cash in person.

OBLIGATIONS

You agree cooperate in all matters relating to the Photography Service and to supply all information requested.
If your session include children:
Ensure that they are well-rested and cooperative (e.g. no sugary food or drinks to children before or during the shoot). Time naps and feeding to ensure children are at their best for the agreed start time. Take into consideration of any upcoming medical appointments which include vaccinations.
Stay calm, positive and encouraging. Get involved with the games, activities and instructions given by the photographer
The photographer will make the experience engaging and enjoyable, however you understand that the photographer is not responsible of participants who refuse to cooperate, and that this may impact on the number and quality of the images the photographer is able to capture.
You agree to take responsibility for your own and your child(ren)’s safety throughout your 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.
You agree that should you/your child(ren)/others who join you for your session, break or damage any tools, equipment, garments, props etc. which appertain to the studio and cause a loss to our equipment or inventory, you agree that damages will need to be paid in full within one month from the incident.
If your child(ren) is posed in, on or near a prop or another member of your family, you agree to remain nearby, vigilant and responsible for their safety at all times.

SESSION TIMES & DURATION

Please make every effort to arrive on time for your session and please advise as soon as possible if you anticipate arriving late. If you are less than fifteen minutes late, your session length may be reduced accordingly. If you are more than 30 minutes late without prior notice, the photographer reserves the right to cancel your session on the day, and reschedule at an addition fee of €30. If your session consisted of extra request items which were provided for the day such as a birthday cake, helium balloons etc. and were already paid for, no refund of these items will be provided and must be brought in by yourself for your re-scheduled session.
The photographer will end the session once the adequate images in terms of quality and quantity have been captured. If you request extra time over and above that detailed to your chosen collection, this is granted only by the photographer and a €60 per starting hour of service fee is applicable.

CREATIVE LICENCE

You grant the photographer full creative licence to shoot, select images, edit images and deliver them in the style and method chosen by the photographer and reflective of the style and quality advertised by the photographer.

SPECIAL IMAGE REQUESTS

Specific requests are to be notified in advance and agreed with the photographer ahead of the session day. The photographer cannot gurantee that all of the images requested, or those expected may be captured. Requests that are felt to be unsafe will be refused.
The Photographer reserves the right to refuse to carry out any session or services that are deem to pose a health and safety risk to the client, the photographer, assistants, or other people.

Once Session is Captured:

SHORTLISTING & EDITING

The photographer will shortlist the unedited images, a minimum of two working editing days are allocated for this to be done. Saturdays, Sundays, Public Holidays and shutdown days are not part of our working editing days.
The culling process is done in a professional manner and photographer's selection of unedited images is final.
The photographer will then give you access to your online gallery with the culled unedited watermarked photos, this will allow you to choose the ones you would like to keep. Photos which are not selected are discarded and only the selected images will be prepared to be processed through our editing workflow.
The editing process is initiated once any pending balances are settled including those of the extra digital images.
It is imperative for us to edit all your chosen digitals at one go to ensure a synchronised quality throughout your set of images.
Additional editing outside of our ordinary editing process can be requested but delivered at the photographer’s discretion and may incur additional charges.
Should you fail to choose the photos you would like to keep within three months from the date of service, the photographer reserves the right to select the included digital images of your booked collection and deliver the edited images accordingly. The selection of the photographer in this instance is final and the unedited images will no longer be available.

ORDER SALES & FULFILMENT

Once your photos are edited, your selected images will be recieved by the client readily edited, without any watermarks or logos.
Clients who consent the use of their images for promotional content are eligible to receive the complimentary 4x6" prints, standard format for slip-in albums, as a safe keepsake of your memories. These complimenary gifted prints are not to be abused, to avail yourself from this gift you need to pick up within 3 months before your session gallery is expired. An appointment is needed to prepare your prints for pick-up. Uncollected complimentary prints after gallery has expired will be lost and need to be paid for if the client wishes to order any prints.
If you would like to order any wall arts, albums or artwork this is suggested to be done before gallery expires. If your gallery expires and you would like to order any artwork or prints, a meeting is set-up at our studio for an ordering session. An ordering session does not incure any additional charges to re-access your gallery. Due to the nature of custom photography, all artwork orders are final and cannot be cancelled or refunded.
Reopening your gallery to re-download your images once gallery has expired will incur a fee of €25 - This will go toward the time needed to research your images through our archive, re-upload and space taken to re-create an online gallery. This fee will give you access to re-download your images in full resolution for another 3 month.
It is your responsibility to backup any digital files you receive. Please create multiple backups on different devices, and ensure the safe keeping of any prints, albums or other products. We cannot gurantee any keeping f your photographic data in our archive throughout the years to come. We cannot stress enough the importance of printing your precious images.
Delivery times for prints, albums or other products may vary and will be advised when ready.

DATA PROTECTION

The photographer will store Client names, contact details and session information privately and will not share these with any other business or organisation.
Photographic data will be stored and archived in our system unless otherwise objected by client and in writing to delete any photographic data from our system. Writing should be made by e-mail on info@pearlandco.co.mt clearly stating purpose of e-mail.

LIABILITY

In the unlikely event of technical problems, camera/photographic failure, loss of image(s) before delivery to the client is made, injury or sickness beyond the photographer's control, liability shall be limited to a full refund.
The photographer will not be liable for any acts, events, omissions or accidents beyond photographer's 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, inclement weather or default of suppliers or sub-contractors.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction. Photographer's total liability for any breach, representation, act or omission shall be limited to the fee in relation to the Photo Services and the photographer shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
In the event of incapacitating illness or injury to the Photographer, an option will be given, whenever possible, to mutually agree with the client for a replacement photographer to carry out the Photo Services. If a replacement cannot be agreed, then a full refund of deposit is applicable to the client.
Any directions issued to clients, their guests or employees during a photographic shoot/event are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Christine Saliba is not responsible for the quality of services provided by business partners or other third parties. Your statutory rights are not affected.
Christine Saliba holds Public Liability and Professional Indemnity Insurance.

Image Consent

Photography is an art, we as artists invest in our work and the immense creative energy we put into our photographs deserves to be seen and exhibited.

Accepting these terms will also mean acceptance of the required consent for the images to be captured, held, processed, archived, transferred to factories for printing and shared as an essential part of the running of our photography buisness.

In accordance with the General Data Protection Regulation (GDPR) it is imperative to make it clear with our clients how your final edited images may be used. Acceptance to work with us will automatically collect your consent for the final images to be used for the following:

1. Photography qualifications and awards (e.g. The Socities of Photographers)
2. Studio showcase (e.g. window displays, studio prints etc.)
3. www.pearlandco.com.mt Website (e.g. Portfolios)
4. Business promotion (e.g. leaflets, brochures, adverts, postcards etc)
5. Social Media Photographic Pages (Instagram & Facebook)

N.B Our sharing policy on social media protects you, we do not tag or mention any names of parents or kids.

If you are new parents, remember that babies grow up pretty quickly and they are unrecognisable in a few month's time, they change so much in such a little time.

If for some reason client does not wish to proceed with the consent, withdrawl of consent needs to be done in writing after the final edited images have been recieved. An e-mail must be sent to info@pearlandco.com.mt clearly stating that you, as client would like to withdraw from the image consent given for the session (state session code with #) and to completely delete your photographic data from our system abiding GDPR regulations. The photographer will adhere to your wish and your images will be destroyed from our system.