TERMS AND CONDITIONS
THE CLIENT ‘S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (USE OF IMAGES) AND CLAUSE 13 (LIMITATION OF LIABILITY).
Business Day – a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Commencement Date – has the meaning given in clause 2.2.
Conditions – these terms and conditions as amended from time to time in accordance with clause 16.
Contract – the contract between the Supplier and the Client for the supply of Services in accordance with these Conditions.
Client – the person or firm who purchases Services from the Supplier.
Intellectual Property – patents, rights to inventions, copyright and related rights, trade marks, business names and domain names,
Rights – patents, rights to inventions, copyright and related rights, trade marks, business names and domain names,rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order – the Client ‘s order for Services as set out in the Client’s written acceptance of the Supplier’s quotation.
Products – the photographs, wall art and all other products which the Client orders from the Supplier following a photographic session.
Services – the photographic services supplied by the Supplier to the Client .
The Supplier – Louisa French Photography.
2. Basis of contract
2.1. The Order constitutes an offer by the Client to purchase Services in accordance with these Conditions.
2.2. The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).
2.3. Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.5. Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
3. Session Fees
3.1. A non-refundable £100 booking fee is required. This £100 amount will be credited towards the final payment once a collection of photographs is chosen. A date for a session will not be agreed between the parties until such time as payment has been received. For sessions with a duration in excess of 3 hours, the remaining time will be charged at £40.00 per hour and will be payable on the day of the shoot. Any time in excess of the 3 hour session shall be charged at no less than £40. The Client may cancel a session at any time but in doing so shall forfeit any monies paid in advance. If you or your children are sick, or you need to re-arrange the date of your session, please give a minimum of 24 hours’ notice to reschedule your shoot. If 24 hours’ notice is not given or the client fails to attend the session, there will be a £100 re-booking fee charged.
4.1. Upon booking a session with the Supplier, you are deemed to have reviewed and accepted the price list supplied by the Supplier. Full details can be found here.
4.2. The price of Products shall not vary from the time of booking.
5. Product Order
5.1. Products will not be ordered from the Suppliers until full payment has been made. Once an order for bespoke Products has been made, it can not be cancelled and no refund will be given for payments already made. The Client is not entitled to a ‘cooling off’ period. By placing an order for Products with The Supplier, the Client is committing to purchasing the bespoke ordered Products.
6. Returns Policy
6.1. All Products are presumed to have been received in good condition unless the Client notifies The Supplier in writing of any discrepancy or error within14 days of receipt.
6.2. Incorrectly supplied items and items of indisputably poor quality can be returned and will be replaced at no extra charge to the Client. Returns will not be considered for incorrectly ordered items or items ordered in error. All prints, canvases, frames and wall art are professionally lab printed and should be handled with care. The Supplier takes no responsibility for deterioration of prints or products due to improper storage or handling.
7. Intellectual property rights
7.1. All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Client) shall be owned by the Supplier.
7.2. No images may be copied, scanned, altered or reproduced by any means photographic or otherwise by any person or machine other than by the Supplier or its appointed agent, unless the Client purchases digital image files in which case the Client may print unlimited images for private use only.
7.3. The Client shall not under any circumstance sell or provide images to photo stock companies or use images to sell market or promote products or companies.
8. Use of images
8.1. The Supplier reserves the right to use the photographs for advertising, display, portfolio, publication, promotion and all other purposes. As standard, photographs will be added to The Supplier’s website and social media feeds (including but not limited to Facebook, Instagram, Pinterest and Twitter). You are invited to share and tag these posts, but do not copy, download, edit or crop any images as to do so is against copyright laws.
8.2. Should the Client wish to ‘opt out’ of images being used online, they must notify the Supplier of this in writing at the time of booking.
9. Models under 18
9.1. Where commissioned images feature a person or persons under 18, signature overleaf confirms you have responsibility as a parent or guardian and agree to the use of said images as outlined above.
10. Travel Expenses
10.1. Travel required greater than 25 miles from Woodditton, Cambridgeshire, will be charged at 45p per mile for the remaining distance (including the return journey). For photography sessions a distance greater than 100 miles from Woodditton, Cambridgeshire, the Photographer will require overnight accommodation local to the event, charged at a cost to the Client.
11. Artistic Input
11.1. The Supplier shall be entitled to use its judgement regarding the style and artistic input in the production of images. This includes, but it not limited to poses, props, location, editing and the total number of images taken. Due to the willingness of subjects, or in the case of uncooperative children at a session of any kind, or for any reason, it may not be possible to capture all the pictures requested, or images to the Client’s full expectations. The Client is responsible for the welfare and behaviour of its own children during the session. Images are fully edited before presentation to the Client. Additional editing requests are carried out at the discretion of The Supplier and the Supplier reserves the right to charge the Client £40.00 per hour for additional editing to cover the additional time and artistic input involved.
12. Proof viewing and product ordering
12.1. There is no guarantee that any particular number of images will be produced. Proofs will be available for your viewing within 3 weeks of the photographic session. All
product orders are due at this time. As creative artist, Louisa Williams will aim to select 30-40 images for your presentation, but this figure is not guaranteed and depends on the various circumstances surrounding the shoot. Louisa Williams is not obliged to provide the Client with any further images that are not already presented to them.
12.2 A password-protected online viewing gallery will be open and available for the Client for 7 days. The Client is responsible for viewing the images available to them, placing all orders and making payment for all orders during this time. For all orders, payment is due in full at the time of order. All orders are final and can not be changed or refunded for any reason. All non-purchased images are deleted 1 month after the Client’s viewing gallery is closed.
13. Limitation of liability: THE CLIENT ‘S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
13.1 Nothing in the Contract shall limit or exclude the Supplier’s liability for:
13.1.1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
13.1.2. fraud or fraudulent misrepresentation; or
13.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
13.2 . Subject to clause 13.1, the Supplier shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.2.1. loss of profits;
13.2.2. loss of sales or business;
13.2.3. loss of agreements or contracts;
13.2.4. loss of anticipated savings;
13.2.5. loss of use or corruption of software, data or information;
13.2.6. loss of damage to goodwill; and
13.2.7. any indirect or consequential loss.
13.3 . Subject to clause 13.1, the Supplier’s total liability to the Client , whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100 % of the total charges paid under the Contract.
13.4 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
13.5 This clause 13 shall survive termination of the Contract.
14 . Termination
14.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 3 months’ written notice.
14.2 . Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
14.2.1. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
14.2.2. the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
14.2.3. the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
14.3 . Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Client if:
14.3.1. the Client fails to pay any amount due under the Contract on the due date for payment.
14.4 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services under the Contract or any other contract between the Client and the Supplier if the Client fails to pay any amount due under the Contract on the due date for payment, the Client becomes subject to any of the events listed in clause 14.2.1 to clause 14.2.3, or the Supplier reasonably believes that the Client is about to become subject to any of them.
15.1 If the Photographer has cause to cancel this contract for reasons beyond her control, and where another date can not be scheduled, her liability shall be limited to a full refund and all monies paid.
16. Change of Terms and Conditions
16.1 These Conditions will be applied to all forward photography sessions with the Client without further notice unless terms change.
16.2 These Conditions are subject to change at any time.
17. Entire agreement
17.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.
17.3 Nothing in this clause shall limit or exclude any liability for fraud.
18. Governing law
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
19.1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.