CHRIS & HANNAH PHOTOGRAPHY

WEDDING TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions of Business (“Terms”) set out the terms and conditions on which CMC Photo-IT Limited (trading as Chris & Hannah Photography) a company registered in England and Wales with company number 07300504 and having its registered address at 15 Kingsdown Avenue, South Croydon, Surrey, CR2 6QG (“Photographer”, “we”, “us”) shall supply you (“Client”; “you”) with such services (“Services”) and/or deliverables (“Deliverables”) as set out in these Terms and any associated invoice which is raised by the Photographer in relation to Services or Deliverables to be provided pursuant to these Terms (“Invoice”). By accepting an Invoice quote and paying the fees outlined on the Invoice, you hereby agree to be bound by these Terms.

IT IS HEREBY AGREED between the parties hereto as follows:

  1. SERVICES AND/OR DELIVERABLES

In consideration for the payment of any fees agreed for the Services and/or Deliverables and/or such time and material charges accrued through the performance of the Services and/or Deliverables (“Charges”) and subject to these Terms, the Photographer shall provide the Client with the Services and/or Deliverables as set out in an Invoice.

We shall perform the Services with reasonable skill and care and in a manner consistent with generally accepted standards for identical or similar Services.

We shall use reasonable skill and care to produce the Deliverables and act in a manner consistent with generally accepted standards for identical or similar Deliverables.

You may request additional Services or Deliverables from the Photographer at any time. Such additional Services or Deliverables will incur additional Charges above those outlined on an Invoice.

Any enhanced editing of photographs requested by you will incur additional charges above those outlined in an Invoice. Should you request enhanced editing of photographs, the Photographer will issue you with a new Invoice outlining the charges payable for such enhanced editing.

If you make a request for any additional Services or Deliverables before the date of your wedding the Photographer may, at its sole discretion, add any additional Charges in respect of those Additional Services or Deliverables to your Invoice, and re-issue you with a new Invoice including all Services and Deliverables.

If however you make a request for additional Services or Deliverables after the date of your wedding, these additional Services or Deliverables will be charged separately and a separate new Invoice will be raised by the Photographer for such additional Services and Deliverables.

The Photographer will perform the Services at the time(s) agreed and set out in the Invoice. If the Photographer is unable to provide the Services on the agreed time(s) and date(s) for any reason including without limitation pregnancy, personal injury or sickness, the Photographer at its sole discretion shall be entitled to either:

  1. use all reasonable endeavours to provide an alternative photographer of at least equivalent experience, at no additional cost to you; or
  2. give notice to you as soon as is reasonably practicable that they must cancel the Services and/or Deliverables (“Cancellation Notice”).

In the event that the Photographer provides you with a Cancellation Notice, you will be reimbursed the Charges paid to the Photographer prior to receipt of the Cancellation Notice by you.

The Photographer reserves the right to, at its sole discretion, use third party suppliers, including without limitation second or assistant photographers, to fulfil its obligations in respect of the Services and Deliverables.

The estimated delivery date for the Deliverables shall be as follows:

  1. an online gallery of the images taken at your wedding will be available for you to view approximately 6-8 weeks after the date of your wedding;
  2. if you have decided to have soft copy images only, by way of for example USB stick, the Photographer will select a collection of the images from the online gallery, which constitute the number of images outlined in the Invoice, and which constitutes all or part of the Deliverables. The USB stick will be delivered to you approximately 4-6 weeks after the date on which and the selection of images from the online gallery has been finalised;
  3. if you have decided to have a hard copy photo album created by the Photographer, then the Photographer will put together a draft album of images from the online gallery for your review, containing the number of images outlined in the Invoice, which constitutes all or part of the Deliverables. You may within 4-6 weeks of receipt of the draft photo album from the Photographer, make any changes to the images, providing always that the album only contains the amount of images outlined in the Invoice. After the date which is 6 weeks from receipt by you of the draft album from the Photographer, you have not made any changes, the Photographer will accept the draft album as your finalised album of images; and
  4. once you have finalised the photo album, the hard copy album will be delivered to you approximately 4-6 weeks after the date on which your image selection is finalised.

Both parties agree that this is an estimate given in good faith by the Photographer and does not constitute contractually binding delivery dates for the Deliverables. For the avoidance of doubt, we shall not be liable in any way for any failures to meet such Estimated Delivery Date.

Any meeting or viewing of the images, which is requested by you or forms part of the Services or Deliverables, will take place at a time and place as agreed between you and us acting in good faith.

You are deemed to have accepted the Deliverables upon delivery of them to you, by making them available on our website or by sending them to you via a USB stick or hard copy photo album.

By signing these Terms, you accept that the Photographer may use images taken at your wedding event in advertising or promoting of the Photographers services. Should you not wish any images from your wedding event to be used for these purposes, you should inform the Photographer before the date of your wedding event.

These Terms shall commence upon the commencement of the provision of the Services and shall terminate upon the completion of all Services and Deliverables set out therein.

  1. CHARGES AND PAYMENTS

The Services and Deliverables shall be provided on either a fixed price or a time and materials basis or a combination of both, in accordance with an Invoice. Any expenses agreed and set out in an Invoice shall be borne by the Client.

You shall pay any Charges in respect on the initial Invoice by the earlier of:

  1. any date set out in the Invoice as being the date on which the Charges are payable; or
  2. the date which is 60 days before the date of your wedding.

Any additional Invoice raised by the Photographer for, amongst other things, advanced editing of images or additional services, will be paid by the Client within 7 days of receipt of such Invoice.

(the “Payment Terms”)

The Client shall pay the Photographer all amounts due in accordance with the Payment Terms without discount, deduction, set-off or counterclaim of any kind.

All Charges hereunder are inclusive of any applicable value added taxes and any other applicable taxes of any nature whatsoever, which shall be payable by the Client in addition to the Charges in accordance with the law applicable from time to time.

Should the Client fail to make any payments due under these Terms by the due date for payment to the Photographer, then we shall be entitled to, without prejudice to any other right or remedy, charge the Client interest on the amount outstanding on a daily basis at the rate of three (3) per cent per annum above the base rate of Carter Allen Private Bank from time to time in force, such interest to be calculated from the due date for payment thereof to the date of actual payment.

  1. CLIENT’S OBLIGATIONS

The Client shall perform its obligations in accordance with these Terms and shall provide at no charge to the Photographer all such documents, materials, data and any other information, assistance and services necessary to enable the Photographer to perform its obligations under these Terms including without limitation to the generality of the foregoing:

  1. providing the Photographer with your identity and contact details, and those of your representative (if applicable);
  2. attendance at a pre-event consultation with the Photographer at an agreed location in order to discuss the scope of the Services and/or Deliverables, and to agree the specification for the Services and Deliverables;
  3. ensuring that any persons attending the wedding ceremony cooperate with the Photographer;
  4. the bride and groom shall ensure their availability for a 45 minute period after the wedding ceremony for the Photographer to perform part of the Services. This availability can be in the form of several smaller sessions at the Photographers discretion;
  5. ensuring that any persons attending the wedding ceremony abide by the rules of the venue at which the wedding ceremony is taking place;
  6. procuring such instructions and information as may reasonably be requested by the Photographer as soon as reasonably practicable after the time such request is made. The Photographer shall have the right to rely on any instructions or information given by the Client or any of its representatives;
  7. procuring that all licenses, consents, (including where relevant in relation to copyright material, any persons appearing in the photographs and the venue) which may be required by the Photographer in the performance of the Services, and delivering the Deliverables, are obtained so as to enable the Photographer to properly fulfil its obligations hereunder;
  8. providing promptly upon request from the Photographer such funds as are required to pay third party disbursements in advance; (i) procuring your availability (or that of your representative) for the purpose of reviewing the Services and/or Deliverables where applicable; and
  9. if the Client cancels the Services and/or Deliverables at any time the Photographer shall be entitled to charge a reasonable sum for the work done prior to the cancellation of the Services and/or Deliverables. If the Client cancels the Services or Deliverables less than 60 days before the date of their wedding, the Client will be required to pay the full amount outlined on the Invoice. Any deposit the Client may pay pursuant to an Invoice is non-refundable in any event. All sums arising under the cancellation provision shall immediately fall due for payment.

For the avoidance of doubt, the Photographer shall not in any way be liable for any loss, damage or delay in providing the Services and/or Deliverables caused by or arising from the Client’s failure to comply with its obligations under these Terms and in the event of such failure, the time for performance of the Photographer’s obligations under these Terms shall be extended by an equivalent period of time.

All obligations, warranties, representations, terms and conditions entered into or given by the Client under these Terms shall be entered into or given jointly and severally.

  1. INTELLECTUAL PROPERTY RIGHTS

Provided that the Photographer is unaware of any infringement of any third party intellectual property right at the time of its performance of the Services and delivery of the Deliverables, and that the Services are performed in good faith, and that the Deliverables are delivered in good faith the Photographer shall not be liable in any way to the Client for any breach of such rights subsequently notified to either party.

All copyright and all other intellectual property rights whether registered or unregistered throughout the world (“Intellectual Property Rights”) used and/or embodied in the Services and Deliverables shall be and shall remain the sole property of the Photographer.

No right to or title in any Intellectual Property Rights, Services or Deliverables (or any modification or extension thereof) shall pass to the Client.

The Photographer hereby grants a perpetual, paid up, irrevocable, non-assignable, non-transferable licence to the Client to use the Intellectual Property Rights in the Services and Deliverables solely for their non-commercial purposes. This includes a right to reproduce and store the Deliverables, including digitally uploading the Deliverables to websites for the Client’s non-commercial use, save that, in the event that the Client makes such use, that the Deliverables be attributed to the Photographer. The Photographer shall not be liable in any way for the Client’s use of the Services and Deliverables in accordance with this clause.

The Client hereby grants a perpetual, paid up, irrevocable, non-assignable, non-transferable licence to the Photographer to use the Intellectual Property Rights in the Deliverables solely for the purposes set out below:

  1. in all and any media including without limitation for the Photographer’s promotional materials;
  2. in the advertising of the Photographer’s goods and services; or
  3. or on the Photographer’s website in their original format or edited or altered in any way which the Photographer deems appropriate.
  1. LIMITATION OF LIABILITY

Subject to this clause 5, all warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.

The Photographer accepts liability for:

  1. death or personal injury that is caused by the negligence of the Photographer or its employees in the performance of the Terms herein;
  2. any loss suffered through fraud or fraudulent representations of the Photographer or its employees in the performance of the Terms herein; or
  3. any liability arising pursuant to the Consumer Rights Act 2015.

The Photographer shall not be responsible for products or services supplied to the Client by any third parties, whether such third parties have been recommended or otherwise suggested by the Photographer or not. Responsibility for decisions taken on the basis of information, suggestions and advice given by the Photographer to the Client shall remain solely with the Client.

The Photographer shall not be liable for any failure or damage caused by the Services and/or Deliverables unless the failure is foreseeable by both you and us at the time of entering into these Terms.

In the event that you decide to use any of the Deliverables for any commercial purposes, in no event shall the Photographer be liable for any:

  1. consequential, indirect or special losses; or
  2. loss of profits, loss of savings, interest or production, loss of business or business benefit, loss of contracts, loss of management time, loss of expectations, loss of reputation, loss of fashion appeal, emotional damage (whether direct or indirect), cost of any substitute or replacement photographers, whether such losses or damages arise in contract or tort or as a result of any breach of statutory duty.

In the event that the Photographer fails to comply with its obligations under these Terms, then it shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations and provide the Services and Deliverables hereunder.

If the Photographer’s failure to comply with its obligations is not remedied as above then the total amount of the Photographer’s liability to the Client for all losses, damages, costs, claims and expenses howsoever and whenever arising under these Terms shall not exceed either:

  1. any remedy or liability arising pursuant to the Consumer Rights Act 2015; or
  2. the aggregate sum of all Charges paid by the Client pursuant to an Invoice.

The liability set out in this clause 5 represents the total liability accepted by the Photographer for any claims arising under or in connection with these Terms.

  1. CONFIDENTIALITY

The Client shall during the term of these Terms (except in the proper provision of the Services and Deliverables) or after the term has ended (except as required by law) disclose to any person any confidential information or trade secrets relating to the Photographer. Such matters include (but will not be limited to) information or secrets relating to: corporate and marketing strategy, business development and plans, sales reports and research results; business methods and processes; technical information and know-how relating to the Photographer’s business and which is not in the public domain, including inventions, designs, techniques, database systems, formulae and ideas; business contacts, lists of customers and suppliers and details of contracts with them; and any document marked “confidential”.

During the term of these Terms, the Client shall use all reasonable endeavours to prevent the publication or disclosure of any such information or secrets. These restrictions shall not apply during or after the termination of these Terms, in respect of information which has become available to the public generally, otherwise than through unauthorised disclosure. 

  1. EXCLUSIVITY

The Client agrees that the Photographer shall act as the sole and exclusive photographer of the wedding ceremony.

  1. MISCELLANEOUS

References to clauses and schedules shall be to clauses and schedules of these Terms. The invoice(s) forms part of these Terms and shall be interpreted accordingly.

The waiver by either party of its rights in respect of any breach of any provision of these Terms shall not be taken or held to be a waiver in respect of any subsequent breach thereof.

No alteration, modification or addition to these Terms shall be valid unless made in writing and signed by the duly authorised representatives from both parties.

If we are delayed in providing the Services or delivering the Deliverables by an event outside of our control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or a failure of public or private telecommunications networks (“Event Outside Our Control”), then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of any delay caused by an Event Outside Our Control. Provided we do this, we will not be liable for delays caused by an Event Outside Our Control, but if there is a risk of substantial delay, You may contact us and end the contract, cancel your order for Services and Deliverables and receive a refund of any amounts paid for the Services and Deliverables.

If any part of these Terms is found to be unreasonable, invalid or unlawful under any enactment or rule of law the Court shall have the power to strike out or override that part whether it be an entire clause or clauses or some part or parts thereof and enforce these Terms as if the offending part or parts had not been included.

The clause headings in these Terms are inserted for ease of reference only and shall not affect the construction or interpretation of these Terms.

Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against the Photographer and such third parties shall not be entitled to enforce any term of these Terms against the Photographer.

These Terms (and all ancillary documents referred to herein, including without limitation the Schedule and the invoice(s)) constitute the entire contract between the parties. Other than as expressly stated otherwise in these Terms, neither party shall be under any liability for any representations made prior to or during the operation of these Terms.

These Terms shall be governed and construed in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England.

 

 

 

 

 

 

 

 

 

CHRIS & HANNAH PHOTOGRAPHY

PORTRAIT TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions of Business (“Terms”) set out the terms and conditions on which CMC Photo-IT Limited (trading as Chris & Hannah Photography) a company registered in England and Wales with company number 07300504 and having its registered address at 15 Kingsdown Avenue, South Croydon, Surrey, CR2 6QG (“Photographer”, “we”, “us”) shall supply you (“Client”; “you”) with such services (“Services”) and/or deliverables (“Deliverables”) as set out in these Terms and any associated invoice which is raised by the Photographer in relation to Services or Deliverables to be provided pursuant to these Terms (“Invoice”). By accepting an Invoice quote and paying the fees outlined on the Invoice, you hereby agree to be bound by these Terms.

IT IS HEREBY AGREED between the parties hereto as follows:

  1. SERVICES AND/OR DELIVERABLES

In consideration for the payment of any fees agreed for the Services and/or Deliverables and/or such time and material charges accrued through the performance of the Services and/or Deliverables (“Charges”) and subject to these Terms, the Photographer shall provide the Client with the Services and/or Deliverables as set out in an Invoice.

We shall perform the Services with reasonable skill and care and in a manner consistent with generally accepted standards for identical or similar Services.

We shall use reasonable skill and care to produce the Deliverables and act in a manner consistent with generally accepted standards for identical or similar Deliverables.

You may request additional Services or Deliverables from the Photographer at any time. Such additional Services or Deliverables will incur additional Charges above those outlined on an Invoice.

If you make a request for any additional Services or Deliverables before the date of your photoshoot the Photographer may, at its sole discretion, add any additional Charges in respect of those Additional Services or Deliverables to your Invoice, and re-issue you with a new Invoice including all Services and Deliverables.

If however you make a request for additional Services or Deliverables after the date of your photoshoot, these additional Services or Deliverables will be charged separately and a separate new Invoice will be raised by the Photographer for such additional Services and Deliverables.

Any enhanced editing of photographs requested by you will incur additional charges above those outlined in an Invoice. Should you request enhanced editing of photographs, the Photographer will issue you with a new Invoice outlining the charges payable for such enhanced editing.

The Photographer will perform the Services at the time(s) agreed between both the Client and Photographer. If the Photographer is unable to provide the Services on the agreed time(s) and date(s) for any reason including without limitation pregnancy, personal injury or sickness, the Photographer will inform you as soon as reasonably practical and agree with you an alternative time and date for the provision of the Services.

The Photographer reserves the right to, at its sole discretion, use third party suppliers, including without limitation second or assistant photographers, to fulfil its obligations in respect of the Services and Deliverables.

The estimated delivery date for the Deliverables shall be as follows:

  1. an online gallery of the images taken at your photoshoot will be available for you to view approximately 2-3 weeks after the date of your photoshoot;
  2. if you have decided to have soft copy images only, by way of for example USB stick, the Photographer will select a collection of the images from the online gallery, which constitute the number of images outlined in the Invoice, and which constitutes all or part of the Deliverables. The USB stick will be delivered to you approximately 4-6 weeks after the date on which and the selection of images from the online gallery has been finalised;
  3. if you have decided to have a hard copy photo product created by the Photographer, then the Photographer will put together a draft photo product for your review, containing the number of images outlined in the Invoice, which constitute all or part of the Deliverables, after the online gallery has gone live; and
  4. once you have reviewed the draft photo product and made any changes to the images therein you may wish to make, then the hard copy photo product will be delivered to you approximately 4-6 weeks after the date on which you sign off and finalise your image selection.

Both parties agree that this is an estimate given in good faith by the Photographer and does not constitute contractually binding delivery dates for the Deliverables. For the avoidance of doubt, we shall not be liable in any way for any failures to meet such Estimated Delivery Date.

Any meeting or viewing of the images, which is requested by you or forms part of the Services or Deliverables, will take place at a time and place as agreed between you and us acting in good faith.

Any decision of the Photographer in relation to your photoshoot is final, this includes for example re-arrangement due to weather conditions, or any other decision made by the Photographer in good faith in relation to your photoshoot.

You are deemed to have accepted the Deliverables upon delivery of them to you, by making them available on our website or by sending them to you via a USB stick or hard copy photo product.

These Terms shall commence upon the commencement of the provision of the Services and shall terminate upon the completion of all Services and Deliverables set out therein.

  1. CHARGES AND PAYMENTS

The Services and Deliverables shall be provided on either a fixed price or a time and materials basis or a combination of both, in accordance with an Invoice. Any expenses agreed and set out in an Invoice shall be borne by the Client.

You shall pay any Charges set out in an Invoice within 7 days of receipt of such Invoice.(the “Payment Terms”)

The Client shall pay the Photographer all amounts due in accordance with the Payment Terms without discount, deduction, set-off or counterclaim of any kind.

All Charges hereunder are inclusive of any applicable value added taxes and any other applicable taxes of any nature whatsoever, which shall be payable by the Client in addition to the Charges in accordance with the law applicable from time to time.

Should the Client fail to pay the Charges within the Payment Terms, then the agreed photoshoot (time and place) will be cancelled. In the event of a cancelled photoshoot in accordance with this paragraph, it is thereafter the Client’s sole responsibility to contact the Photographer and re-arrange the photoshoot and arrange for payment of the Charges as soon as reasonably practical.

Notwithstanding the fact that the Photographer may at their sole discretion extend the due date for payment of the Charges, should the Client fail to make any payments due under these Terms by the due date for payment, then the Photographer shall be entitled to, without prejudice to any other right or remedy, charge the Client interest on the amount outstanding on a daily basis at the rate of three (3) per cent per annum above the base rate of Carter Allen Private Bank from time to time in force, such interest to be calculated from the due date for payment thereof to the date of actual payment.

  1. CLIENT OBLIGATIONS

The Client shall perform its obligations in accordance with these Terms and shall provide at no charge to the Photographer all such documents, materials, data and any other information, assistance and services necessary to enable the Photographer to perform its obligations under these Terms including without limitation to the generality of the foregoing:

  1. providing the Photographer with your identity and contact details, and those of your representative (if applicable);
  2. attendance at a pre-event consultation with the Photographer by phone or email in order to discuss the scope of the Services and/or Deliverables, including background details as to persons taking part in the photoshoot, any children who will be in the photoshoot, etc. And to agree the specification for the Services and Deliverables;
  3. notify the Photographer during the pre-event consultation of any circumstances that images (including those of children) should not be made available on any social media for advertising purposes, or of any additional privacy features that should be applied to the online gallery;
  4. ensuring that any persons attending the photoshoot cooperate with the Photographer;
  5. ensuring that you cooperate with the Photographers reasonable request to reschedule the Services in the event that the Services may be impacted by adverse weather conditions;
  6. procuring such instructions and information as may reasonably be requested by the Photographer as soon as reasonably practicable after the time such request is made. The Photographer shall have the right to rely on any instructions or information given by the Client or any of its representatives;
  7. procuring that all licenses, consents, (including where relevant in relation to copyright material, any persons appearing in the photographs and the venue) which may be required by the Photographer in the performance of the Services, and delivering the Deliverables, are obtained so as to enable the Photographer to properly fulfil its obligations hereunder;
  8. providing promptly upon request from the Photographer such funds as are required to pay third party disbursements in advance;
  9. procuring your availability (or that of your representative) for the purpose of reviewing the Services and/or Deliverables where applicable; and
  10. the Client may re-arrange the Services and/or Deliverables at any time, providing that sufficient notice of such cancellation and re-arrangement of the photoshoot is given to the Photographer. Sufficient notice for the purpose of these Terms will mean no less than 30 minutes prior to the agreed start time for the Services. Any such re-arrangement, provided sufficient notice is given, will not incur any additional cost by the Client. If however, the Client cancels and re-arranges the photoshoot more than twice, the Photographer reserves the right to cancel the photoshoot and retain any Charges already paid by the Client. Further, or in the alternative, should the Client fail to show at the agreed time and place for the photoshoot, the Photographer reserves the right to cancel the photoshoot and retain any Charges paid by the Client. Any deposit the Client may pay pursuant to an Invoice is non-refundable in any event.

For the avoidance of doubt, the Photographer shall not in any way be liable for any loss, damage or delay in providing the Services and/or Deliverables caused by or arising from the Client’s failure to comply with its obligations under these Terms and in the event of such failure, the time for performance of the Photographer’s obligations under these Terms shall be extended by an equivalent period of time.

  1. INTELLECTUAL PROPERTY RIGHTS

Provided that the Photographer is unaware of any infringement of any third party intellectual property right at the time of its performance of the Services and delivery of the Deliverables, and that the Services are performed in good faith, and that the Deliverables are delivered in good faith the Photographer shall not be liable in any way to the Client for any breach of such rights subsequently notified to either party.

All copyright and all other intellectual property rights whether registered or unregistered throughout the world (“Intellectual Property Rights”) used and/or embodied in the Services and Deliverables shall be and shall remain the sole property of the Photographer.

No right to or title in any Intellectual Property Rights, Services or Deliverables (or any modification or extension thereof) shall pass to the Client.

The Photographer hereby grants a perpetual, paid up, irrevocable, non-assignable, non-transferable licence to the Client to use the Intellectual Property Rights in the Services and Deliverables solely for their non-commercial purposes. This includes a right to reproduce and store the Deliverables, including digitally uploading the Deliverables to websites for the Client’s non-commercial use, save that, in the event that the Client makes such use, that the Deliverables be attributed to the Photographer. The Photographer shall not be liable in any way for the Client’s use of the Services and Deliverables in accordance with this clause.

The Client hereby grants a perpetual, paid up, irrevocable, non-assignable, non-transferable licence to the Photographer to use the Intellectual Property Rights in the Deliverables solely for the purposes set out below:

  1. in all and any media including without limitation for the Photographer’s promotional materials;
  2. in the advertising of the Photographer’s goods and services; or
  3. or on the Photographer’s website in their original format or edited or altered in any way which the Photographer deems appropriate.
  1. LIMITATION OF LIABILITY

Subject to this clause 5, all warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.

The Photographer accepts liability for:

  1. death or personal injury that is caused by the negligence of the Photographer or its employees in the performance of the Terms herein;
  2. any loss suffered through fraud or fraudulent representations of the Photographer or its employees in the performance of the Terms herein; or
  3. any liability arising pursuant to the Consumer Rights Act 2015.

The Photographer shall not be responsible for products or services supplied to the Client by any third parties, whether such third parties have been recommended or otherwise suggested by the Photographer or not. Responsibility for decisions taken on the basis of information, suggestions and advice given by the Photographer to the Client shall remain solely with the Client.

The Photographer shall not be liable for any failure or damage caused by the Services and/or Deliverables unless the failure is foreseeable by both you and us at the time of entering into these Terms.

In the event that you decide to use any of the Deliverables for any commercial purposes, in no event shall the Photographer be liable for any:

 

  1. consequential, indirect or special losses; or
  2. loss of profits, loss of savings, interest or production, loss of business or business benefit, loss of contracts, loss of management time, loss of expectations, loss of reputation, loss of fashion appeal, emotional damage (whether direct or indirect), cost of any substitute or replacement photographers,

whether such losses or damages arise in contract or tort or as a result of any breach of statutory duty.

In the event that the Photographer fails to comply with its obligations under these Terms, then it shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations and provide the Services and Deliverables hereunder.

If the Photographer’s failure to comply with its obligations is not remedied as above then the total amount of the Photographer’s liability to the Client for all losses, damages, costs, claims and expenses howsoever and whenever arising under these Terms shall not exceed either:

  1. any remedy or liability arising pursuant to the Consumer Rights Act 2015; or
  2. the aggregate sum of all Charges paid by the Client pursuant to an Invoice.
  3. The liability set out in this clause 5 represents the total liability accepted by the Photographer for any claims arising under or in connection with these Terms.
  1. CONFIDENTIALITY

The Client shall during the term of these Terms (except in the proper provision of the Services and Deliverables) or after the term has ended (except as required by law) disclose to any person any confidential information or trade secrets relating to the Photographer. Such matters include (but will not be limited to) information or secrets relating to: corporate and marketing strategy, business development and plans, sales reports and research results; business methods and processes; technical information and know-how relating to the Photographer’s business and which is not in the public domain, including inventions, designs, techniques, database systems, formulae and ideas; business contacts, lists of customers and suppliers and details of contracts with them; and any document marked “confidential”.

During the term of these Terms, the Client shall use all reasonable endeavours to prevent the publication or disclosure of any such information or secrets. These restrictions shall not apply during or after the termination of these Terms, in respect of information which has become available to the public generally, otherwise than through unauthorised disclosure.

  1. EXCLUSIVITY

The Client agrees that the Photographer shall act as the sole and exclusive photographer at the photoshoot.

  1. MISCELLANEOUS

References to clauses and schedules shall be to clauses and schedules of these Terms. The invoice(s) forms part of these Terms and shall be interpreted accordingly.

The waiver by either party of its rights in respect of any breach of any provision of these Terms shall not be taken or held to be a waiver in respect of any subsequent breach thereof.

No alteration, modification or addition to these Terms shall be valid unless made in writing and signed by the duly authorised representatives from both parties.

If we are delayed in providing the Services or delivering the Deliverables by an event outside of our control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or a failure of public or private telecommunications networks (“Event Outside Our Control”), then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of any delay caused by an Event Outside Our Control. Provided we do this, we will not be liable for delays caused by an Event Outside Our Control, but if there is a risk of substantial delay, You may contact us and end the contract, cancel your order for Services and Deliverables and receive a refund of any amounts paid for the Services and Deliverables.

If any part of these Terms is found to be unreasonable, invalid or unlawful under any enactment or rule of law the Court shall have the power to strike out or override that part whether it be an entire clause or clauses or some part or parts thereof and enforce these Terms as if the offending part or parts had not been included.

The clause headings in these Terms are inserted for ease of reference only and shall not affect the construction or interpretation of these Terms.

Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against the Photographer and such third parties shall not be entitled to enforce any term of these Terms against the Photographer.

These Terms (and all ancillary documents referred to herein, including without limitation the Schedule and the invoice(s)) constitute the entire contract between the parties. Other than as expressly stated otherwise in these Terms, neither party shall be under any liability for any representations made prior to or during the operation of these Terms.

These Terms shall be governed and construed in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England.

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