TERMS & CONDITIONS FOR The Little Cheshire Photography Company LTD 2019
Note – For the purpose of this document The Little Cheshire Photography Company LTD will be referred to as LCP. The visitor to the site or the individual (whether representing an organisation or not) who books a session or orders an image/product shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE AND SESSION FEES
a) By booking with LCP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for all sessions are non refundable except in the event LCP cancels the booking. lnline with distance selling regulations, if you are booking a session online you have a cooling off period of 14 days available to you to cancel your session. This will not be available once your session date is reached or passed or after those 14 days. You must contact me in writing to hello@staceynatar.com to cancel a booking inline with these regulations at least 48 hours before the agreed or pre-booked session slot, time or date. After this point no refunds will be given.
c) Booking and Session Fees are non- refundable in the event a child or animal is non compliant for any reason and where as a result, the images the client desires or expected are not achieved. LCP will always do all they can reasonably do to ensure we gain the best from each child or animal. Fees are also non refundable in the event a client does not like their images. In this event we are also not able to offer images for sale individually outside of our advertised collections or price lists. We do not sell individual images or prints.
d) Sessions start from the time agreed/listed and purchased. Lateness will result in a shortened session time or a cancelation of the session if the lateness exceeds the session time. Refunds will not be given in this event.
3 )IMAGES ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by LCP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of LCP, whether the copyright has been removed or not, a copyright infringement fee of £1000 per image will be applied to avoid court action, and must be paid within 28 days.
4) FULFILLMENT OF OBLIGATIONS
a) LCP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as LCP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preperations prior to a newborn session, LCP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
5) WATCH ME GROW PACKAGE
a) Client must order from each session before being permitted to progress to next session.
b) Client can not combine session images into one gallery. Each session must be ordered from separately.
c) Failure to place an order after a session will forfeit any free gifts and moneys paid and the package will become void.
6) CAKE SMASH SESSION
a) It is the clients responsibility to inform LCP of any food allergy or intolerances the clients baby has prior to ordering the cake. LCP will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform LCP. By signing the Cake Smash contract you waive all rights to sue LCP if any illness results due to lack of information given to LCP by the client.
7) PRINTS.
a) All images produced by LCP are edited on a fully calbrated monitor, and all prints will be a true reflection of the editing carried out by LCP. LCP will not be held responsible for variances in images caused by clients viewing images on non calbrated screens or monitors or foe any printed products that the clients has sourced outside of LCP. To ensure images are seen as intended it is advised that client views them at LCP studio.
b) All prices are subject to change without notice by LCP. Clients will be honoured the pricing at the time of their booking if prices were to change in the lead up to their session.
8) PREVIEWS/PROOFS
a) Although LCP will do its best to produce the number of images agreed or discussed with the Client, there is no guarantee that any particular number of images will be produced.
9) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and LCP, LCP shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, LCP may not be able to capture any, or all the images the Cleint may have requested or expected. NO re-bookings or refunds can be given in this situation. The Cleint is responsible for all children at all sessions including their health and safety if they stray from or mis-use the set that LCP has created.
b) LCP fully edits all images before presenting to Client. Additional edits are carried out at the descretion of LCP, and LCP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by Client at the proofing/viewing stage. Requests not raised at this stage will not be considered once USBs have been provided or products have been ordered.
c) lf The Client does not view or purchase images within three months of the session without arrangement, LCP will assume they are not wanted and will delete all files.
10) COPYRIGHT & REPRODUCTION
a) Copyright is retained by LCP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of LCP. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without LCP’s written permission.
c) Permission to reproduce a picture is granted to the Client by LCP only when a fee for the reproduction has been agreed with LCP and an invoice has been issued by SNP and paid in full by the Client to LCP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to LCP an unauthorised use fee of £1000 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by LCP is personal to the Client and may not be assigned to any third party without LCP’s prior written consent.
f) The Client will fully indemnify LCP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without LCP’s prior written consent).
11) IDENTIFICATION
a) While LCP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
12) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies LCP in writing of any discrepancy or error within 14 days of receipt.
13) COOLING OFF PERIOD
a) Because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period.
b) By placing an order with LCP you are committing to buy the ordered products.
14) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to The Little Cheshire Photography Co. Sandilands House, Twemlow Lane, Cranage, CW4 8EX.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
15) USE OF PICTURES
a) LCP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
16) MODEL RELEASE
a) Unless specified in writing, LCP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
17) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
18) CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of LCP.
19) PRIVACY POLICY
This privacy policy sets out how The Little Cheshire Photography Co. (Here on referred to as LCP) uses and protects any information that you give LCP when you use this website or engage with, interact with or provide personal information to us via our social media or lead forms.
LCP is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website for our social media/lead forms, then you can be assured that it will only be used in accordance with this privacy statement.
LCP may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st Jan 2018.
We may collect the following information:
name and job title
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at hello@staceynatar.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Sandilands House, Twemlow Lane, Cranage, CW4 8EX. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
20) TRAINING AND WORKSHOPS
a) Booking fees are non refundable unless the training event is cancelled by LCP. The balance of any event is due ten days before the event. After the full fee is paid 50% of the balance is non refundable unless the event is cancelled by LCP. In the event of the delicate needing to cancel, the fee can be transferred to another training event.
b) When offering a child as a model for training by LCP, a deposit of £50 is required to reduce no show risk. They will be fully refunded when the client attends the training. Should the client not show up the deposit will not be refunded. Models are used specifically for training purposes, therefore props and set ups are beyond the control of the parents. LCP will use whatever props are required for that particular training session. The client agrees that all and any images taken on the training day can be used for online or printed promotions by LCP in any way.
21) ANIMALS
Christmas Mini Sessions- Please also note it will be the owners responsibility to clear up after their dog and any damages caused to sets or property are the responsibility of the owner. A full risk assessment has been made and we can not be held liable or responsible for any injury caused to your dog or any injuries your dog may inflict on your children. You know the temperament of your dog better than we do, please use your own judgment as to whether you think your dog is suitable for this experience. We will aim to include your dog(s) in the non-christmassy portrait and a Christmas shot depending on their behaviour. We will do our very vest to have your dog conform within the time frame of your session but cannot guarantee the sweet perfectly posed images you may be hoping for, we can guarantee lots of funny out takes tho!!!
PURCHASED IMAGES ARE KEPT FOR A 12 MONTH PERIOD AT THE DISCRETION OF The Little Cheshire Photography Company Ltd, NON PURCHASED IMAGES ARE DELETED IMMEDIATELY.