The following Terms and Conditions (the Terms) are the Contract of Services Lucy and the Lens with the email address:email@example.com (We, Us, the Business) and you, (The Client/You) collectively, (the Parties).
These Terms and Conditions are incorporated into the Contract and contain important information about your legal rights. These will be sent to you in an email along with a schedule and a signature line upon booking.
By purchasing the Services, You accept and agree to be bound by the Terms.
These Terms supersede any previously issued terms, understandings and arrangements, whether in writing or oral in respect of its subject matter.
Each party acknowledges that it has not entered into the Contract/Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract/Agreement or any documents entered into pursuant to it.
In these Terms the following definitions apply:
|Booking Fee||means the initial 20% deposit of the Price.|
|Client||means any person who uses the Services from the Business as specified in the Schedule.|
|Contract/Agreement||means the agreement between the Business and the Client for the supply and purchase of Services incorporating these Terms.|
|Data Protection Laws||means, as binding on either party or the Services: the GDPR;the Data Protection Act 2018; andany laws that enact, replace, extend, re-enact, consolidate or amend any of the foregoing.|
|Date||means the date on which the Photo Shoot will take place.|
|Force Majeure||means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, but excluding the Client’s inability to pay or circumstances resulting in the Client’s inability to pay.|
|Gallery||means the online photography gallery that the Client can access using their secure log in details.|
|Intellectual Property Rights||means all intellectual and industrial property rights, including without limitation, patents, rights in know-how, trademarks, registered designs, model unregistered design rights, unregistered trademarks and copyright (whether in drawings, plans specification, designs and computer software or otherwise), database rights, topography rights, any rights in any invention, discovery or process, and applications for and rights to apply for any of the foregoing, in each case in the United Kingdom and all other countries in the world.|
|Location||means as specified in the Schedule.|
|Order and Order Acknowledgement||means the Client will place the Order as an offer in the formation of a contract and the Business will supply an Order Acknowledgement as the acceptance.|
|Payment||means the required methods and timing of payments by the Client to the Business as specified in Clause 4 and the Schedule.|
|Photographer||means Lucy And The Lens or the appointment of another photographer by Lucy And The Lens.|
|Photo Shoot||means the photo shoot where the Photographer will take photographs for the Client.|
|Price||means the amount payable as specified in the Schedule which will be sent to you via email along with these terms and conditions upon booking|
|Products||means the products that the Photographer provides including albums, prints and canvases as specified in the Schedule.|
|Services||means the services that the Business supplies.|
|Time||means as specified in the Schedule.|
2.1 No variation of these Conditions or to an Order or to the Contract shall be binding unless expressly agreed in writing by Us.
2.2 Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Contract.
2.3 Where the phrase ‘in writing’ is used in this Agreement, it shall be understood as including emails.
3.1 Upon receipt of the Order Acknowledgment, the Client shall pay the Booking Fee.
3.2 Payment of the Booking Fee is:
3.2.1 The Client’s acceptance of these Conditions; and
3.2.2 Guarantees the Date.
3.3 The Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
3.4 The Service will be provided in accordance with the Schedule as agreed between the Business and the Client.
4.1 Following payment of the Booking Fee:
4.1.1 the Business will invoice the Client; and
4.1.2 the balance of the Price is to be paid by the day before the Date.
4.2 Payment for any additional images must be made at the time of Order.
4.3 All cheques should be made payable to [Insert name of bank account]. Bank Transfer (BACS) payments are acceptable too to the Bank Account specified in the Schedule.
4.4 Where payment is to be made by a third party, the Client acknowledges that they shall remain responsible for any balance outstanding in respect of the Contract.
4.5 Failure to make payment in accordance with clause 4.1.2 may result in cancellation. Late payments or returned cheques will attract an administration charge of £50.
4.6 Where any sums due under this Contract are not paid in full by the due date, We may:
4.6.1 charge interest, without limiting our other rights;
4.6.2 interest shall accrue on a daily basis and apply from the due date for Payment until actual Payment in full, whether before or after judgment.
Privacy And Permissions
5.1 We agree to respect Your privacy and take all reasonable steps to comply with the requirements of the EU General Data Protection Regulations (GDPR).
5.2 We may use photographs for promotional purposes with images appearing on our website, e-mails, social media, in Our printed materials produced for promotional purposes including leaflets, posters and in any materials sent out to prospective customers. We may also use photographs to enter trade competitions. If You would like further information or to tell Us that You do not consent to images being used in ways outlined above, please contact Us.
Licence And Coverage
6.1 The Photographer is granted artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Client’s requests, the Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
6.2 Whilst the Photographer shall endeavour to fulfil the Client’s requests, the Photographer cannot be held responsible for non-availability of subjects or adverse weather conditions that may delay or render impossible the progress of proceedings thus preventing the coverage of some shots and as such the Photographer cannot guarantee any specific picture, background or group arrangement.
Cooperation And Consent
7.1 The Client is responsible for the cooperation of all persons involved with the Photo Shoot.
7.2 The Clients grants the Business permission to publish all photographs taken during the Photo Shoot for commercial purposes.
Images And Products
8.1 The Gallery will be available to view no later than [ 5 Days] after the Photo Shoot.
8.2 Products must be ordered no later than  months after the Photo Shoot.
9.1 We will edit all images to a high quality using retouching, digital manipulation and artist finishing.
9.2 You will receive a maximum of 50 edited images.
9.3 You can request two re-edits of the images and any further re-edits will be subject to an additional cost.
9.4 Any additional changes required by the Client, such as personal features, colours, adding/removing of people, will be subject to an additional cost.
10.1 All rights in images shall remain the sole property of the Photographer at all times unless otherwise specified in the Schedule.
10.2 The Products shall remain the property of the Photographer until Payment is received in accordance with Clause 4.
10.3 Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988 (as amended) and remain the copyright of the Photographer at all times unless otherwise specified in the Schedule.
- LIMITATION OF LIABILITY
11.1 If you fail to comply with the terms of this Agreement, the Services will no longer be available to you without further notice.
11.2 We will not be liable for any loss or damage whatsoever whether direct, indirect, consequential or incidental, actual or anticipated of any the following:
11.2.2 data (or corruption of data due to viruses or any other technological error or fault);
11.2.5 reputation or goodwill.
11.3 We do not make any representations or warranties of any kind, whether express or implied, about the completeness, accuracy, reliability, suitability or availability of the Site and Services, the information or merchantability of any part, feature or content contained on the Site for any particular purpose. This includes any links or references to third-party websites.
11.4 Any other provision in this Agreement does not attempt to exclude or limit in any way, our liability for the following:
11.4.1 death or personal injury caused by our negligence;
11.4.2 fraud or fraudulent misrepresentation;
11.4.3 wilful misconduct;
11.4.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.5 Any directions issued to the Client during the Photo Shoot are deemed to be at the Client’s own risk. The Photographer cannot be held responsible for any personal accidents during the Photo Shoot.
12.1 We will maintain Public Liability and Professional Indemnity insurance at all times.
12.2 In the unlikely event of a total photographic failure or cancellation of this Agreement by either party or in any other circumstance, the liability of one party to the other, shall be limited to the total value of the Agreement.
- FORCE MAJEURE
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure event.
- CONDUCT AND COMPLAINTS
14.1 It is the responsibility of the Client to ensure that all persons involved in the Photo Shoot
co-operate on the Date.
14.2 All complaints shall be raised by the Client directly to Us in writing within 14 days of the occurrence which gives rise to the complaint. We will consider the complaint and shall provide a response to the Client within 14 days of receipt of the complaint.
14.3 In the unlikely event of an unresolved complaint, the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
15.1 Subject to Clause 14 above, the Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
15.2 The Client recognises that any breach or threatened breach of the Contract may cause Us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to Us, the Client acknowledges and agrees that We are entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
16.1 Where We must cancel the Contract, due to circumstances beyond our control, the full amount of the Booking Fee and any further Payments received will be returned to the Client.
16.2 Should the Client wish to cancel this Contract at any time, notice of cancellation must be given in writing to Us and the cancellation fees are as follows:
16.2.1 Cancellation more than 2 months before the Photo Shoot- We will retain the Booking Fee.
16.2.2 Cancellation between 1-2 months prior to the Photo Shoot- You will be liable to pay 50% of the Price.
16.2.3 Cancellation less than 1 month prior to the Photo Shoot- You will be liable to pay 100% of the Price.
The Services shall be deemed performed on completion of the performance of the Services as specified in the Order Acknowledgement.
- 19. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in the images and Products shall remain Ours unless otherwise specified in the Schedule.
- 20. SEVERANCE
20.1 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
20.2 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.