Terms & Conditions

The below Terms and Conditions Agreement will apply to all services provided by Andrea Charbonneau/Andrea Pearson Photography to you, the Client. By making a booking you have agreed to these Terms and Conditions in full.

Terms & Conditions

In the following Agreement the ‘Photographer’ shall refer to ‘Andrea Charbonneau’ using the entity 'Andrea Pearson Photography’ and the ‘Client’ shall refer to the person who has completed the client registration.

1. Booking, Deposit & Payment

A non-refundable booking deposit of 50Є plus 21% IVA is required to confirm a session date and time. The Client acknowledges that the Photographer foregoes other work when booking a session.  Therefore, the booking fee is not refundable should the Client need to cancel.  The booking fee will be deducted from the total session fee which is payable in full at the time of your session in cash or by Stripe payment.  Bank transfers are not accepted at this time.  Payment plans are available on an individual basis.

2. Scheduling & Cancellations

Rescheduling the session by the Client is only possible if 48 hours’ notice is provided (this cancellation policy is not applicable for wedding photography sessions).  Any further rescheduling request will be treated as a new session booking and therefore requires a new booking fee.

For outdoor portrait sessions: should the weather be forecasting rain or high winds, the Photographer reserves the right to reschedule.  Weather-related rescheduling decisions will be made up to 48 hours prior to the scheduled session date.

Should the client opt to reschedule a photo session due to weather, illness, or other personal conflict; dates and times are subject to the photographer’s availability and must be rescheduled within 3 months of the original session date with the exception of newborn sessions – those must be rescheduled within two weeks of the original session date, or will be considered a cancellation and the Client therefore forfeits the booking deposit

3. Late Arrivals

Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.  This may affect the total number of images that the Photographer will be able to deliver and is outside of the control of the Photographer.

4. Image Delivery

Images shall be made available to the Client to view in a private viewing gallery within 10-14 days of the session date. At this time “sneak peek” galleries are not available. Please note that this timeline does not apply to wedding galleries, please refer to wedding contract.

All final portraits selected will be delivered electronically via WeTransfer or Pic-Time. Should the Client wish to request any further edits or an image colour conversion, requests must be made within 4 weeks from receiving their gallery. The Photographer does not provide or sell RAW/unedited images.

5. Model Release

The Photographer agrees to always seek Client approval prior to using any proposed session images on her website, social media or in promotional material.  Should the Photographer wish to use an image she will contact you in writing to propose the specific image, explain where she would like to use it and ask for Client permission.  Should you wish to keep all of your images private, this is completely up to the Client’s discretion and will be respected by the Photographer.

6. Copyright, Reproduction & Printing

All photographic materials shall be the exclusive property of the Photographer. The Photographer agrees that the Client may print the images they have purchased for non-commercial and personal use only. If the Client publishes the images on social media it is required that citation of photographer be made.The Client agrees not to use the images for profit, sale or competition without the written permission of the Photographer and if appropriate, give photo credit to the Photographer. The images must not be altered in any way by the Client that includes cropping, adding filters, changing colours or removing the watermark that appears on portraits that have not been purchased.

The Photographer is not responsible for image quality for portraits that are not printed using the Photographer’s professional printing service.  The Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities.

7. Image storage & Future Editing

The Photographer is unable to guarantee the storage of RAW photo files indefinitely and will be stored for a period of 3 months.  Beyond the 3 month period from the time of portrait delivery the Photographer cannot guarantee that files will be available.  Once images have been purchased they should be backed up by the Client and the Photographer is no longer responsible for any digital files once they are taken by the Client.

8. Failure to Perform

If the Photographer is unable to perform the services in this Agreement for any cause outside her control, the Client agrees to indemnify the Photographer for any damage, loss, liability.  The Photographer in return would offer a reshoot or will return in full all payments made by the Client to the Photographer in relation to the session (depending on the Client’s preference).

In the unlikely event that the files from the Client session are damaged, or lost due to technological failure, the Photographer liability will be limited to either a reshoot or to the return of the monies paid for the session by the Client.

In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the value of the Client’s order.

9. Liability

It is the Client´s responsibility to take care of children. The Photographer will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session. The Client agrees to supervise all individuals brought to the session and to be present and oversee the Photographer for the entire duration of the newborn, cake smash or portrait session to ensure that all parties are comfortable with the level of care and the poses being proposed.

The Photographer agrees to exercise all reasonable skill and care in the performance of the Services and has taken the utmost care in ensuring that the studio space and her posing techniques and practices are safe and to best ensure that the baby and subjects are comfortable at all times.

In the case of a Cake Smash/1st birthday session for which the Photographer is supplying the cake, it is the responsibility of the Client to make the Photographer aware in advance of any relevant allergies that the child may have. In the event of allergies the Client agrees to supply the cake.  The Photographer will not be liable for any clothes stained during Cake Smash sessions.

The Photographer will not be held liable for any damage to Client property during the photo session or while on studio premises. The liability in respect of any Services shall be limited to the fees agreed to be paid for the Services under these Terms and Conditions.

10. Images & Client Requests

If a particular pose, prop or photo is wanted, the Client will discuss any requests before the day of the session. The Photographer will make every effort to accomodate with requests for specific photos provided it is in line with her style and abilities. Requests will also be dependent on the willingness of the baby or children and session timings.

In the event of an unsettled baby, some requested poses may not be suitable and the Photographer will use alternative options and will present them to the Client during the session. Please note, not all poses and portrait ideas are guaranteed.

The Photographer will end the session at her discretion when it is determined that adequate images in terms of quality and quantity have been captured or when the session time frame has ended. There will be no refund or credit for unused time.

The Client agrees to read the session guidelines with the Photographer’s clothing and session preparation recommendations to help ensure a smooth session and flattering portraits.  The Photographer will not be held liable for wardrobe, hair or makeup malfunctions or choices.

11. Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the Spanish Law.

12. Data Protection

For the fulfilment of the Services agreed herein, the Parties shall observe the provisions of the GDPR and any other national law applicable to this effect.

By booking with Andrea Pearson Photography, the Client confirms that they have read and understood the contents of the above Terms and Conditions therein.

Dated: January 2024 | Marbella, Spain | Andrea Charbonneau