Terms and Conditions of Business
1.1 The terms and conditions set out in this Schedule are the “Terms and Conditions” referred to in the Key Terms found in our Confirmation of Commission form, to which this Schedule is appended (the “Key Terms”). Any term capitalized in these Terms and Conditions will have the meaning given to that term in the Key Terms unless specifically defined in these Terms and Conditions.
1.2 If there is any inconsistency between the provisions of the Key Terms and these Terms and Conditions, the provisions of the Key Terms will prevail.
2. THE PHOTO SHOOT
2.1 We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy set out in section 7 below.
2.2 Due to the nature and willingness of the subjects during your Photo Shoot, we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot.
2.3 In any event, we will be granted creative and artistic licence to the choice of poses, lighting effects and artistic style. We will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
2.4 A parent or guardian aged 18 or over must be present at all times if we are photographing children. You must not take any photographs or video footage during the Photo Shoot without first obtaining permission from the Photographer.
3. HOW TO ORDER PACKAGES AND ARTWORK PRODUCTS
3.1 Following your Photo Shoot, we will prepare and make available a selection of proofs of the Photographs from your Photo Shoot (“Your Proofs Gallery”). We will present Your Proofs Gallery to you in person at our studio. We aim to have Your Proofs Gallery ready within 14 days of the Photo Shoot Date, but during busy periods this time-frame may be extended.
3.2 The number of Photographs in Your Proofs Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of Your Proofs Gallery, but we retain absolute discretion regarding: (a) which Photographs we include in Your Proofs Gallery. All photographs rejected by The Photographer during the selection process will be permanently deleted and will not be available view: and (b) the application of any digital editing to any Photographs.
3.3 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs with may be subject to an additional cost. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we will not under any circumstances provide unedited raw images or unflattened files.
3.4 Your Proofs Gallery will be presented in person by the Photographer at his studio on a date agreed between you and the Photographer. All first viewings are undertaken at the Photographers studio. The Photographer will determine the format in which Your Proofs Gallery is presented. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products at the viewing session. We reserve the right to delete Your Proofs Gallery and all Photographs if you do not place an order at that time.
3.5. Your viewing must take place within six weeks from the date of your shoot. After that time we reserve the right to destroy/delete the photographs without any notice.
4. ARTWORK PRODUCTS
4. Depending on the Artwork Product you order, we may provide a proofed layout of the Artwork Product, together with any options available to you for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges. We will advise you if additional charges apply. We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available). You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
4.1 All sizes quoted by us are approximate and due to the bespoke nature of the Artwork Products, may not be compatible with standard print sizes. Due to limitations of materials and printing processes, it is not possible to guarantee a perfect colour match. We will endeavour to provide the closest possible match, which will be deemed as correct.
We will let you know when you place your order when to expect to receive the Package and Artwork Products (as applicable). Lead times from receipt of your order and payment typically start at two weeks for unmounted prints and digital images and up to five weeks for Artwork Products. Any delay in payment of fees payable to us will affect the delivery period. If your Package includes digital images, these will be delivered on media storage by post to the address specified in the Key Terms. Artwork Products must be collected from our premises.
6. ARCHIVING AND RETENTION OF PHOTOGRAPHS
Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Subject to receipt of an order for a Package or Artwork Products and payment of the Package Fee, we will archive your Photographs for a minimum period of six months. After that time, we reserve the right to destroy/delete the photographs without any notice.
7. CANCELLATION, RESCHEDULING AND REFUND POLICY
7.1 Legal right of cooling off. You have 14 days after the day we accept your booking to cancel the Photo Shoot; this is called the cooling off period. However, once we have completed the Photo Shoot you cannot change your mind, even if the cooling off period is still running. If the cooling off period is still running and you decide to cancel after we have started the Photo Shoot, you must pay us for the services provided up until the time you tell us that you have changed your mind We will refund you the Total Session Fee by the method you used for payment within 14 days, less the cost of any photography services already provided up to the time of cancellation (including any Supplemental Session Fees). We offer additional cancellation rights that apply once the cooling off period has expired. These are set out below.
7.2 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the Session Fee if you cancel your Photo Shoot no later than 5 days prior to the Photo Shoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the Session Fee if you cancel after this date, but you may request that the Photo Shoot Date is rescheduled. Any Supplemental Session Fees paid or payable to a third party (including but not limited to make-up artists, prop/location hire fees etc) are only refundable to you following cancellation of the Photo Shoot if we ourselves are able to obtain a refund from the third party.
7.3 If you wish to cancel the Photo Shoot, please contact us using the phone or email details in the Key Terms.
7.4 We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the Total Session Fee, unless we agree a rescheduled Photo Shoot Date with you.
7.5 On instances where you arrive late or fail to attend your Photo Shoot at the agreed time, we reserve the right to shorten or cancel the Photo Shoot. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
7.6 We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate/unruly behaviour, or if someone in your party is likely to cause harm to persons or damage to property. You will be responsible for the cost of repair and replacement (including hire charges) of any damage to property. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
7.7 You should give us as much notice as possible if you wish to change the Photo Shoot Date. In the rare event that we may need to reschedule the Photo Shoot Date (for example, weather conditions, illness and events outside our control) and, in such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the Photo Shoot to a date that suits you during our normal office hours, but cannot promise that an appropriate date will be available.
7.8 You may reschedule the Photo Shoot Date once at no cost to you providing you give at least five days notice, after which you must pay a fee of £50.00 each time you wish to further change the Photo Shoot Date. Any Supplemental Session Fees paid or payable to a third party (including but not limited to make-up artists, prop/location hire fees etc) are only refundable to you following rescheduling of the Photo Shoot if we are ourselves able to obtain a refund from the third party. You may be required to pay further Supplemental Session Fees in connection with the rescheduled Photo Shoot Date.
7.9 Rescheduled Photo Shoot Dates may not be cancelled.
Defective Items and Returns
7.10 We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors within 7 days of receipt. Nothing in these terms will affect your legal rights.
7.11. Due to the bespoke nature of our Packages and Artwork Products, you do not have the right to cancel or change your order. All payments are non-refundable and any remaining balance on your order is due in full. We are unable to offer an exchange if you change your mind.
7.12 You must pay the Total Session Fees in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photo Shoot, full payment must be received in order to confirm your booking. The Total Session Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 7 above.
7.13 The fee that you pay for your Artwork Products or Package will depend on which Package and Artwork Products you select. Prices for all of our Packages and Artwork Products are set out in our Product Guide, which is available on request. Our prices are guaranteed for a period of 14 days from the Photo Shoot Date and after that our prices are subject to change on notice.
7.14 You must pay the Package Fee applicable to the Package and Artwork Products you order in accordance with the terms of payment set out in the Key Terms. No part of your order will be delivered unless and until we receive payment in full of all amounts due.
8.1 We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive a Photographs and Artwork Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
8.2 Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and Package Fee actually paid by you to us in relation to the Photo Shoot and your order. We will not be liable to you for:
(a) your loss of profit, expenses, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
(b) any indirect or consequential loss.
8.3 Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any other matter for which it would be illegal to exclude or attempt to exclude our liability.
8.4 Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.
8.5 Except as set forth in this section 9, to the fullest extent permitted by law, we disclaim all warranties, implied or express.
9. INTELLECTUAL PROPERTY RIGHTS (COPYRIGHT)
9.1 We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
9.2 If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly forbidden by law.
9.3 If you purchase a Package comprising of digital images, you are entitled to create Artwork Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. In all cases, your ownership of the Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs.
9.4 Without our prior consent, you undertake not to (a) use or allow any Artwork Product or digital images that are provided to you for any commercial purpose, and any such use may be subject to additional charges, or (b) crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Proofs Gallery. You agree not to try to circumvent any such measures.
11.1 Vouchers issued by us must be redeemed by the expiry date shown on the voucher, or it will no longer be valid. There is no cash alternative, refunds or change given. Vouchers cannot be used in conjunction with any other offer, voucher or existing shoot provided by us. It cannot be used for any other service other than what is described on the voucher.
11.2 Only one promotional voucher can be redeemed by you (or anyone in their household) in any calendar year.
11.3 We reserve the right to charge a booking fee of £25.00 on all voucher shoots. This will be refunded in full once you have attended the Photo Shoot and the viewing at the agreed times. Non-attendance at these times will result in the booking fee being retained and voucher benefits being cancelled.
12.1 Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
12.2 Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that:
(i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.
12.3 Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Package or Artwork Products by an event outside our control (including, but not limited to illness, government directive, acts or god, fault or failure of equipment, software, hardware, networks or infrastructure or failure by third parties), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.
12.4 Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with your statutory rights.
13. TERMS AND CONDITIONS
These Terms and Conditions are subject to change without notice and are subject to copyright.