Terms and Conditions

1 – Definitions and Interpretation

2 – The Contract

1. These Terms and Conditions govern the sale and provision of our Services and will form the basis of the Contract between you and us.  Under the Contract, we will provide our Services and you will pay for them in accordance with the terms set out in these Terms and Conditions. Before making your booking, please ensure that you have read these Terms and Conditions carefully.
2. You may make the booking over the phone, in person, or by email or via social media. A quotation will be provided to you, which will remain open for 30 days. If you are happy with this quotation, a Booking will then be created.
3. A legally binding Contract between you and us (which will include these Terms and Conditions) will be created when we accept your Booking, indicated by our Booking Confirmation. Booking Confirmations will be provided in writing.

3 – Our Services

4 – Photography Sessions

1. We shall only provide our Services for the hours agreed in your Booking, should you be late the Photography Session shall not be extended for any reason unless otherwise agreed. 
2. It is your responsibility to advise us at the time of Booking if any children will be participating in the Photography Session.  In this event, we will require each parent or legal guardian to sign a model release form giving consent to our use of the photographs for advertising or marketing purposes.  You are responsible for ensuring any children are accompanied and fully supervised at all times.
3. Phones cannot be used for photography within the studio.
4. You can provide your own props if you wish, however this must be notified to us before the Photography Session within the questionnaire.  

5 – Photo consultation

1. We shall arrange for your design consultation at the Photography Session, this shall be a maximum of one hour session to view and choose your photographs.
2. We will provide you with a maximum selection of 40 photographs from which to choose from. We will have full discretion in choosing this selection of 40 photographs. We also maintain the right to deny any requests by you to see any more than the 40 photographs we select. 
3. You confirm your acceptance and satisfaction with any photographs on agreement of the same.  Any additional editing required after this will be chargeable.  Any photographs will be exactly as viewed and any concerns must be addressed to us at this time.
4. You shall be given the option to select your photos and in what format you would like these to be printed or supplied to you. You will be able to view samples of the products at our premises, however you shall not receive personalised samples or digital proofs. 
5. We will provide recommendations to you on product choice however your decision remains final.
6. Due to the variety of materials and processes used, we cannot guarantee to exactly match colour references viewed on the screen.  Whilst every effort is made to match as closely as possible to these, we cannot be held liable for inconsistencies or for any loss or costs that may arise as a result. 
7. We shall notify you of how long printing times will take, however any timeframe is only given as a reference.
8. Once we have notified you that the products are ready to collect then we shall arrange a mutually convenient time and these shall be collected from our premises by you. 

6 – Price and Payment

1. The Price of our Services will be calculated and advised to you before you make your Booking.  Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
2. There will be a 10% deposit which will be payable upon Booking. The remaining 90% is payable prior to collection.
3. The Booking includes for the Photography Session the photographers time and expertise, any props used, post-production as well as the design consultation. Photographs and products will be charged separately.
4. You shall be advised of the price of any products chosen at the design consultation and these shall be payable at the time of such in order for us to place an order for these to be produced for you. 
5. We will not provide you with your photographs until we have received the payments as agreed in the Product Confirmation.  Provided payment is received on the/or each due date as agreed, we will make the photographs available to you, in the format agreed, within 4 weeks from the date of the order. 
6. We may charge reasonable expenses in addition to the Price, such as for travel and accommodation.  No such sums will be incurred or charged unless you agree this in advance.
7. We reserve the right to charge a extra fee for wasted visits or delays caused by any reason beyond our control, either before, during or after the Photography Session. 
8. All payments made via our Website will go through an online payment gateway provider, such as PayPal or Stripe. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to this third party’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors,
9. Where a payment plan has been agreed you will be bound by the instalment dates agreed in the Booking Confirmation. No interest or charges will be added during the payment plan. 
10. All Prices include VAT.  If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where you have already made payment in full.
11. Time for payment shall be of the essence of the Contract.  If you do not make payment to us by the agreed due date, we reserve the right to charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum. We reserve the right to charge a late payment fee and any applicable debt recovery costs. 

7 – Finance

1. In certain circumstances, we can offer you finance options via a third party.  In this event, we will provide you with a link and our reference number to begin the application.  If you begin the application process, a separate contractual relationship will be created between you and the finance provider (subject to additional terms and conditions) and we cannot be held liable for any errors, actions, omissions or incorrect charges that they may make.
2. If your application is accepted by the finance provider, they will pay the agreed amount to us directly to use the funds for our Services.  

8 – Copyright and Licence

1. The copyright in all photographs taken by us is, and shall remain our property.
2. You shall have the right to use the photographs only for personal purposes.  Commercial use of any kind is prohibited without our prior written agreement.
3. In accordance with the provisions of Chapter IV of the Copyright, Designs and Patents Act 1988, we assert our moral right not to have any photographs we produce for you altered or edited in any way for the purposes of public display, unless expressly permitted by this clause 8 or subsequently in writing or verbally. 
4. You may not sub-licence the copyright in the photographs without our prior written consent.
5. Unless you expressly request otherwise, we reserve the right to use the photographs in any advertising or promotional material without any payment to you, provided such material is only related to us or our Services.

9 – Problems with our Services and Your Legal Rights

1. We will always use our reasonable efforts to ensure that our provision of the Services is trouble-free.  If, however, there is a problem with our Services, please inform us as soon as is reasonably possible.  We will use all endeavours to remedy problems with our Services as quickly as is reasonably possible and practical.
2. We will not charge you for remedying problems under this clause 9 where the problems have been caused by us or where nobody is at fault.  If we find that the problem has been caused by any action or omission on your part, we may charge you a reasonable sum for remedial work required.
3. If you are a consumer, you have certain legal rights with respect to the purchase of services and if the photographs (and any other work) produced for you under these Terms and Conditions are supplied as digital content, you also have other legal rights.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens’ Advice Bureau or Trading Standards Office.  If we do not perform our Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to request a reduction in price.  
4. Any digital content that we supply to you must be of satisfactory quality, it must be fit for purpose (where any such purpose has been made known to us, whether expressly or by implication), and it must match any description and other information given by us.  Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however you may have the right to a repair or replacement or, if these are not possible, to a price reduction up to the full Price.  If digital content provided by us under these Terms and Conditions damages your device(s) as a result of our failure to exercise reasonable skill and care, you also have the legal right to compensation for such damage which may take the form of a repair or replacement, or financial compensation.

10 – Our Liability

1. Please note our insurance does not cover any risks to third parties on any premises where the Photography Session is to be held and any third party enters such premises entirely at their own risk.  
2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of any of our employees, agents or sub-contractors).  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
3. Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
4. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of any of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
5. Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform our Services with reasonable care and skill or in accordance with information provided by us about our Services or about ourselves, nor for our failure to supply digital content that is of satisfactory quality, fit for purpose and as described.
6. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office

11 – Events Outside of our Control (Force Majeure)

1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism or war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

12 – Rescheduling and Cancellation

1. Consumers have a statutory right to a 14 day cooling off period from the date the Photography Session is booked.  If you are a Consumer, you may cancel your Booking for any reason during this 14 day period. You can confirm your cancellation in any way convenient to you and we will refund any payments made by you within 14 days of the cancellation. 
2. However, if you expressly state that you wish for us to commence our Services within this initial 14 day cooling off period, your right to cancel within this period will be lost and payment will be required for all Services carried out during this time.
3. If the cooling off period detailed in clause 12.1 has expired, or has been waived, and the Customer wishes to cancel the Photography Session (and the Contract) less than 14 days prior to the start date for the Services, 100% of the Fees shall be due and payable;
4. If you wish to reschedule the Photography Session or design consultation at any time prior to the start date for the Services, you must contact us more than 7 days in advance. We will retain the deposit and any other payments made.  We will use every effort to accommodate your preferred rescheduled date but we cannot guarantee this will be possible.
5. Either Party has the right to terminate the Services immediately if the other Party:
   1. has committed a material breach of this Contract unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other Party has failed to remedy the breach within 14 days after a written notice to do so; or
   2. goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
6. We may cancel your Booking for any reason at any time prior to the Services being carried out.  If you have made any payment to us for the cancelled Booking, that/those sum(s) will be refunded to you. The refund will be our sole liability.
7. Any photographs and/or products ordered at the design consultation can not be cancelled once payment (whether that is full or part) has been received.

13 – How We Use Your Personal Information (Data Protection)

1. All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 2018, the UKGDPR and your rights under such.

13 – Other Important Terms

1. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
2. The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
4. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
5. Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.

13 – Law and Jurisdiction

1. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, England law.  
2. Any dispute between the parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.