Please read this contract in full.
PROFILES & GRADUATIONS CONTRACT
Thank you for choosing Flash Photography for your upcoming photo shoot. We look forward to working with you.
COVID-19 UPDATE – PROVIDED IN ADDITION TO EXISTING Ts & Cs.
VISITING THE STUDIO? HERE’S WHAT WE ARE DOING FOR EVERYONE’S SAFETY.
Firstly, whilst we will always take appropriate measures to ensure the health and safety of our customers, the ultimate decision and responsibility for attending the studio during the period of Covid-19 activity rests with the client themselves. If you have any concerns please feel free to discuss them with us.
If any member of your household is displaying any cold or flu-like symptoms, cough, sore throat, loss of smell or taste – please DO NOT ATTEND. We will be happy to reschedule your appointment asap free of charge.
For the purposes of cleaning and social distancing we will be working strictly BY APPOINTMENT FOR ALL CLIENTS (INCLUDING ORDER PICK UPS). Please help us by not arriving more than 10 minutes early or late.
Masks/face coverings must be worn at all times by everyone over 2 years of age (apart from when they’re being photographed of course). Please arrive with face coverings on.
When you arrive you will also be asked to remove your shoes in reception. Feel free to bring slippers!
Please keep children and pets at your side at all times – do not allow them to go off exploring in corners.
During the period of Covid-19 precautions we won’t be providing any toys or props for sessions. You are very welcome to bring your own photogenic items – we’re happy to discuss any suggestions you may have.
We are also sadly unable to offer clients our customary tea/coffee/water etc. Once again, please feel free to bring your own.
Payment will be card only until further notice (no cash please)
And finally, we will be inviting you back for the usual viewing session, but respectfully request that it is attended by only one or two adults (no children please).
Many, many thanks for your ongoing support, patience and understanding – we’re all in this together!
STANDARD TERMS & CONDITIONS/CONTRACT
The purpose of this document is to confirm the terms on which we have agreed to the Photo Shoot and on which we will offer you the opportunity to purchase a package (“Package”) of photographic images, as well as products incorporating your photographs, such as prints, albums, canvasses or other similar products (Products).
Please read through these terms carefully since you will be deemed to have accepted them if you proceed with the Photo Shoot.
The terms and conditions applicable to your engagement of us are the key terms set out below (“Key Terms”) and the terms and conditions appended to this letter as a Schedule (“Terms and Conditions”).
The Key Terms are as follows:
Flash Photography Ltd
385 GEORGE STREET
ABERDEEN AB25 1EQ
Telephone Number
01224 561615
Email Address
info@flash-photography.com
Photo Shoot Location - FLASH PHOTOGRAPHY STUDIO OR PREARRANGED LOCATION
Price of Products
Unless a specific inclusive voucher or package is purchased, your session does not include any final Products (prints, digital copies etc).
The amount that you pay will depend on which Products you select. Prices for our Products are set out in our Price List (available online and supplied at the session).
Payment for your selected Products is due as follows: Payment in full when placing your order.
Completion
Digital images will be supplied by download. Collection of printed orders from the studio is recommended and preferred. Wall portrait orders cannot be posted. Additional charges will be payable for delivery of smaller Products. There are no delivery charges if you collect your Products from our studio.
Cancellation, rescheduling and refunds
Please see section 7 of our Terms and Conditions for our Cancellation, Rescheduling and Refund Policy. Please contact us as soon as possible if you would like to cancel or reschedule your Photo Shoot.
Complaints
We endeavour to address any concerns or complaints you may have as quickly as possible. Please address concerns or complaints to us in writing.
Data Protection Consent
By attending the photoshoot you are agreeing to the Privacy Policy set out in the Terms and Conditions as follows.
Consent to the Photographs and personal information being used in the manner described in the Privacy Policy.
Consent to the use of third party partners (ie photo labs) in connection with processing the order as set out in the Terms and Conditions.
Waiver of Cancellation Rights
You confirm that the Photo Shoot should be carried out on the Photo Shoot Date, even if the Photo Shoot Date occurs during the 14 day cooling off period. You understand that you will lose your right to cancel the contract once the Photo Shoot is complete and that you must pay for services provided prior to cancellation.
GENERAL TERMS AND CONDITIONS
1. OVERVIEW
1.1 The terms and conditions set out in this Schedule are the “Terms and Conditions” referred to in the key terms to which this Schedule is appended (the “Key Terms”). Any term capitalised in these Terms and Conditions will have the meaning given to that term in the Key Terms unless specifically defined in these Terms and Conditions.
1.2 If there is any inconsistency between the provisions of the Key Terms and these Terms and Conditions, the provisions of the Key Terms will prevail.
2. THE PHOTO SHOOT
2.1 We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy set out in section 7 below.
2.2 Please arrive at the studio or location promptly (preferably 10 minutes early) ready for your first set of photographs. Time lost due to late arrival or preparations will not be added on past the original booking period. If you are running late please let us know – we reserve the right to reschedule or cancel without refund any session commencing over 30 minutes late.
2.3 Due to the nature of the subjects of the photographs we take during your Photo Shoot (“Photographs”), we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we will conduct the Photo Shoot using professional skill and care.
2.4 In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
2.5 A parent or guardian must be present at all times if we are photographing children under 16 years of age in the studio or on location. That adult will be responsible for the health, safety and conduct of children who must not be left unattended in the studio. Any damage must be paid for. Clients are responsible for there own possessions.
2.6 All individuals participating in location shoots outwith the studio do so at their own discretion and risk and Flash Photography will not be held responsible for any accident or injury sustained during that activity.
2.7 You must not take any photographs during the Photo Shoot or Viewing.
2.8 Only one voucher valid per session/group booking. See voucher Ts & Cs .
2.9 Multiple sessions can not be combined into one order.
3. HOW TO ORDER PRODUCTS
3.1 Following your Photo Shoot, we will prepare and make available a selection of the Photographs from your Photo Shoot (“Your Gallery”). Photographs from profile shoots and graduations are uploaded to a private online gallery in unedited format (usually within 5 days) for 30 days and are edited to order (refer to sections 3.5 and 3.6). During busy periods or holidays this time frame may be extended.
3.2 The number of Photographs in Your Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of Your Gallery, but we retain absolute discretion regarding:
(a) which Photographs we include in Your Gallery (it being acknowledged that not all Photographs taken during the Photo Shoot will be included);
and
(b) The application of any digital editing to any Photographs.
3.3 Requests you make for specific corrections to images, or reediting of images, may attract additional costs. We may also accommodate specialist or bespoke requests for retouching of Photographs (ie scars, tattoos etc) at additional cost. Any requests of this nature MUST be made at the time of ordering prior to editing. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
3.4 Your Online Gallery will be presented in the client area of our website as a named (surname or first name), password protected gallery comprising low resolution web-sized watermarked files. With the exception of boudoir sessions one image will be used as a gallery avatar. Should you wish to see your photos at full quality you are welcome to book a viewing session at the studio.
3.5 Your Gallery will be available for 30 days with the expiry date stated in the title. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products within this availability period. We reserve the right (at our option) to charge a fee for extending the availability of or relisting Your Gallery, or to delete Your Gallery and all Photographs if you do not place an order and pay the part of the Package Fee due at the time of placing the order during that time.
3.6 Your Gallery will be subject to password-protection. Clients are responsible for maintaining the security and confidentiality of any password we provide by any means of communication. You agree to accept responsibility for all activities that occur through use of your password by a third party.
3.7 You acknowledge that:
(i) your access to and use of Your Proofs Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions;
and
(ii) we are entitled, without any liability to you, to suspend access to any portion or all of Your Proofs Gallery and/or our website at any time
(a) for scheduled downtime to permit us to conduct maintenance or make modifications to Your Proofs Gallery or our website;
(b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users;
or
(c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions"). Where practicable, we will endeavour to post updates on our website or social media regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
4. ARTWORK PRODUCTS
If you order an Artwork Product (wall portrait montage, Gallery album or Portfolio album), a proofed layout of the Artwork Product, together with any options available to you, will be available to view in a private online gallery for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges. We will advise you if additional charges apply. We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available). You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
5. ORDER COMPLETION/TURNAROUND
We will let you know when you place your order when to expect completion. ALL TIMES QUOTED ARE ESTIMATES AND ARE NOT GUARANTEED. IF YOU REQUIRE ANY PRODUCT FOR ANY SPECIFIC DATE YOU MUST INFORM US AT THE TIME OF BOOKING AND WE WILL DO OUR BEST TO ACCOMMODATE. Lead times from receipt of your order and payment typically start at two weeks for printed products and up to two months for some Artwork Products. If your Package includes digital images we will aim to supply them via the downloadable website gallery within 7 days. Where Products are posted, risk in the Products will pass to you upon despatch. All orders must be checked (digital files should also be backed up) upon receipt and any issues reported to us within 1 working day. Any order found to be placed in error by the client (ie incorrect order number or reference) remains their responsibility and any replacements will be charged for.
6. IMAGE PROCESSING, STORAGE & ARCHIVING
6.1 The digital files of your Photographs will be processed, titled and stored using your name and session date. Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Subject to receipt and payment of an order, we will aim to archive your Photographs for a minimum period of SIX MONTHS from the original session date (subject to technical constraints and limitations).
At your request and subject to payment of any fees we may charge, we may agree to reinstate an Online Gallery that has been archived, or extend the viewing period for an Online Gallery that is still active. We are unable to reinstate an Online Gallery that has been destroyed.
7. CANCELLATION, RESCHEDULING AND REFUND POLICY
Cancellation
7.1 Legal right of cooling off. You have 14 days after the day we accept your booking to cancel the Photo Shoot; this is called the cooling off period. However, once we have completed the Photo Shoot you cannot change your mind, even if the cooling off period is still running. If the cooling off period is still running and you decide to cancel after we have started the Photo Shoot, you must pay us for the services provided up until the time you tell us that you have changed your mind We offer additional cancellation rights that apply once the cooling off period has expired. These are set out below.
7.2 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the booking deposit if you cancel your Photo Shoot no later than 24 hours prior to the Photo Shoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the booking deposit if you cancel after this date, but you may request that the Photo Shoot Date is rescheduled.
7.3 If you wish to cancel the Photo Shoot, please contact us using the phone or email details in the Key Terms.
7.4 We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the booking deposit and any session fee paid, unless we agree a rescheduled Photo Shoot Date with you.
7.5 We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or an attendee is ill. We are not required to reschedule the Photo Shoot or refund any of the session fee or booking deposit to you in these circumstances.
Rescheduling
7.6 You should give us as much notice as possible if you wish to change the Photo Shoot Date. Occasionally, we may need to reschedule the Photo Shoot Date (for example, weather conditions and events outside our control) and, in such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the Photo Shoot to a date that suits you, but cannot promise that an appropriate date will be available.
7.7 You may reschedule the Photo Shoot Date using the existing booking deposit once provided sufficient notice is provided. Any subsequent rebooks, regardless of notice given, will forfeit the original booking deposit. Another booking deposit will then be required for the new booking under the same terms of use.
7.8 Rescheduled Photo Shoot Dates may not be cancelled & refunded.
Defective Items and Returns
We are under a legal duty to supply Products that are in conformity with these Terms and Conditions. Nothing in these terms will affect your legal rights. All orders must be checked (digital files should also be backed up) upon receipt and any issues reported to us within 1 working day. Any order found to be placed in error by the client (ie incorrect order number or reference) remains their responsibility and any replacements will be charged for.
Order Cancellation
7.11 Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn't affect your statutory rights.
8. FEES AND PAYMENT
8.1 A refundable £20 deposit is taken to secure all studio session bookings subject to our cancellation policy. Profile and graduation sessions may carry this towards their session fee on the session day or later order.
8.2 You must pay the Total Session Fees in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photo Shoot, full payment must be received in order to confirm your booking. The Total Session Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 7 above.
8.3 The fee that you pay for your Products will depend on which Products you select. Prices for all of our Products are set out in our full Price List, which is available online and on the session day. Our prices are guaranteed for a period of 30 days from the Photo Shoot or Viewing Date (whichever is applicable) and after that our prices are subject to change on notice.
8.4 You must pay the Fee applicable to the Products you order in accordance with the terms of payment set out in the Key Terms. No part of your order will be fulfilled unless and until we receive payment in full of all amounts due.
8.5 Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.
8.6 Use and validity of vouchers is limited to the terms & conditions stated thereon. No exchange of cash value or product is permitted.
9. LIABILITY
9.1 We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
9.2 All individuals participating in location shoots outwith the studio do so at their own discretion and risk and Flash Photography will not be held responsible for any accident or injury sustained during that activity.
9.3 Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and
Package Fee actually paid by you to us in relation to the Photo Shoot and your order. We will not be liable to you for:
(a) your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
(b) any indirect or consequential loss.
9.4 Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any other matter for which it would be illegal to exclude or attempt to exclude our liability.
9.5 Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.
9.6 Except as set forth in this section 9, to the fullest extent permitted by law, we disclaim all warranties, implied or express.
9.7 Flash Photography will not be held responsible for the use or misuse of any image obtained from us by unauthorised or illegal means.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
10.2 If you purchase printed Products, you will own the printed Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of a printed Product is an infringement of our rights and is strictly prohibited.
10.3 If you purchase a Package comprising digital images, you are entitled to create Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. In all cases, your ownership of the Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs. We do not guarantee the quality of results supplied by anyone other than our own approved printers.
10.4 Without our prior consent, you undertake not to (a) use any Product or digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Product or digital image provided to you. We may apply anti-copying measures to all Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Gallery. You agree not to try to circumvent any such measures.
11. PRIVACY
11.1 We collect certain personal information from you in connection with your Photo Shoot (for example: your name and the names of attendees, email address, payment address and details). Keeping personal information secure and confidential is very important to us. We keep your personal information on secure servers and we comply fully with all applicable Data Protection legislation. We will not disclose to any third party any of your personal information without your prior consent.
11.2 We will use the Photographs and any personal information that you provide to us in connection with the Photo Shoot only for the purposes of:
(a) creating and delivering the Products;
(b) performing the services contemplated by these Terms and Conditions;
(c) exercising any rights granted to us pursuant to any specific consents given to us (in your sole discretion); and
such other purposes as notified to you at the time we obtain personal data from you (together the “Specified Purposes”).
11.3 If you provide your consent after the session, the Specified Purposes may include use of the Photographs to promote and advertise our business, including (but not limited to):
(a) in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars);
(b) on our website and other digital advertising of our services; and
(c) in social media forums such as Instagram, Pinterest and Facebook.
(d) Submissions to photographic competitions, qualification panels and critiques etc.
(e) Similar use may be extended to related third parties such as prop suppliers and make up artists etc.
11.4 You agree to us:
(a) storing copies of the Photographs for the Specified Purposes;
(b) providing the Photographs to our selected third party partners in order to process your order and provide any agreed specialist services;
(c) storing your contact details on our database in case we need to contact you;
(d) transferring the Photographs and your personal information outside the European Economic Area (“EEA”), for the purposes of storage on a cloud server located outside the EEA or where otherwise authorised by you; and
(e) publishing the Photographs in accordance with the Specified Purposes.
12. MISCELLANEOUS
12.1 Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
12.2 Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.
12.3 Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Products by an event outside our control (including acts or god, fault or failure of equipment, software, hardware, networks or infrastructure or failure by third parties), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.
12.4 Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of the courts of the United Kingdom, within which locus the contractual obligations governed by these Terms and Conditions are performed. . You and we irrevocably agree that the courts of (i) England and Wales and (ii) Scotland, will have exclusive jurisdiction to settle any Dispute, depending upon the locus of the performance of the contractual obligations contained herein. It is expressly provided however, that the terms of the Contract (Rights of Third Parties) Act 1999, the Contract (Scotland) Act 1997 and the Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these Terms and Conditions and may not be relied upon by you or any third party in relation to any claim made by you or any third party under these Terms and Conditions.
Thank you for choosing Flash Photography for your upcoming photo shoot. We look forward to working with you.
COVID-19 UPDATE – PROVIDED IN ADDITION TO EXISTING Ts & Cs.
VISITING THE STUDIO? HERE’S WHAT WE ARE DOING FOR EVERYONE’S SAFETY.
Firstly, whilst we will always take appropriate measures to ensure the health and safety of our customers, the ultimate decision and responsibility for attending the studio during the period of Covid-19 activity rests with the client themselves. If you have any concerns please feel free to discuss them with us.
If any member of your household is displaying any cold or flu-like symptoms, cough, sore throat, loss of smell or taste – please DO NOT ATTEND. We will be happy to reschedule your appointment asap free of charge.
For the purposes of cleaning and social distancing we will be working strictly BY APPOINTMENT FOR ALL CLIENTS (INCLUDING ORDER PICK UPS). Please help us by not arriving more than 10 minutes early or late.
Masks/face coverings must be worn at all times by everyone over 2 years of age (apart from when they’re being photographed of course). Please arrive with face coverings on.
When you arrive you will also be asked to remove your shoes in reception. Feel free to bring slippers!
Please keep children and pets at your side at all times – do not allow them to go off exploring in corners.
During the period of Covid-19 precautions we won’t be providing any toys or props for sessions. You are very welcome to bring your own photogenic items – we’re happy to discuss any suggestions you may have.
We are also sadly unable to offer clients our customary tea/coffee/water etc. Once again, please feel free to bring your own.
Payment will be card only until further notice (no cash please)
And finally, we will be inviting you back for the usual viewing session, but respectfully request that it is attended by only one or two adults (no children please).
Many, many thanks for your ongoing support, patience and understanding – we’re all in this together!
STANDARD TERMS & CONDITIONS/CONTRACT
The purpose of this document is to confirm the terms on which we have agreed to the Photo Shoot and on which we will offer you the opportunity to purchase a package (“Package”) of photographic images, as well as products incorporating your photographs, such as prints, albums, canvasses or other similar products (Products).
Please read through these terms carefully since you will be deemed to have accepted them if you proceed with the Photo Shoot.
The terms and conditions applicable to your engagement of us are the key terms set out below (“Key Terms”) and the terms and conditions appended to this letter as a Schedule (“Terms and Conditions”).
The Key Terms are as follows:
Flash Photography Ltd
385 GEORGE STREET
ABERDEEN AB25 1EQ
Telephone Number
01224 561615
Email Address
info@flash-photography.com
Photo Shoot Location - FLASH PHOTOGRAPHY STUDIO OR PREARRANGED LOCATION
Price of Products
Unless a specific inclusive voucher or package is purchased, your session does not include any final Products (prints, digital copies etc).
The amount that you pay will depend on which Products you select. Prices for our Products are set out in our Price List (available online and supplied at the session).
Payment for your selected Products is due as follows: Payment in full when placing your order.
Completion
Digital images will be supplied by download. Collection of printed orders from the studio is recommended and preferred. Wall portrait orders cannot be posted. Additional charges will be payable for delivery of smaller Products. There are no delivery charges if you collect your Products from our studio.
Cancellation, rescheduling and refunds
Please see section 7 of our Terms and Conditions for our Cancellation, Rescheduling and Refund Policy. Please contact us as soon as possible if you would like to cancel or reschedule your Photo Shoot.
Complaints
We endeavour to address any concerns or complaints you may have as quickly as possible. Please address concerns or complaints to us in writing.
Data Protection Consent
By attending the photoshoot you are agreeing to the Privacy Policy set out in the Terms and Conditions as follows.
Consent to the Photographs and personal information being used in the manner described in the Privacy Policy.
Consent to the use of third party partners (ie photo labs) in connection with processing the order as set out in the Terms and Conditions.
Waiver of Cancellation Rights
You confirm that the Photo Shoot should be carried out on the Photo Shoot Date, even if the Photo Shoot Date occurs during the 14 day cooling off period. You understand that you will lose your right to cancel the contract once the Photo Shoot is complete and that you must pay for services provided prior to cancellation.
GENERAL TERMS AND CONDITIONS
1. OVERVIEW
1.1 The terms and conditions set out in this Schedule are the “Terms and Conditions” referred to in the key terms to which this Schedule is appended (the “Key Terms”). Any term capitalised in these Terms and Conditions will have the meaning given to that term in the Key Terms unless specifically defined in these Terms and Conditions.
1.2 If there is any inconsistency between the provisions of the Key Terms and these Terms and Conditions, the provisions of the Key Terms will prevail.
2. THE PHOTO SHOOT
2.1 We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy set out in section 7 below.
2.2 Please arrive at the studio or location promptly (preferably 10 minutes early) ready for your first set of photographs. Time lost due to late arrival or preparations will not be added on past the original booking period. If you are running late please let us know – we reserve the right to reschedule or cancel without refund any session commencing over 30 minutes late.
2.3 Due to the nature of the subjects of the photographs we take during your Photo Shoot (“Photographs”), we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we will conduct the Photo Shoot using professional skill and care.
2.4 In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
2.5 A parent or guardian must be present at all times if we are photographing children under 16 years of age in the studio or on location. That adult will be responsible for the health, safety and conduct of children who must not be left unattended in the studio. Any damage must be paid for. Clients are responsible for there own possessions.
2.6 All individuals participating in location shoots outwith the studio do so at their own discretion and risk and Flash Photography will not be held responsible for any accident or injury sustained during that activity.
2.7 You must not take any photographs during the Photo Shoot or Viewing.
2.8 Only one voucher valid per session/group booking. See voucher Ts & Cs .
2.9 Multiple sessions can not be combined into one order.
3. HOW TO ORDER PRODUCTS
3.1 Following your Photo Shoot, we will prepare and make available a selection of the Photographs from your Photo Shoot (“Your Gallery”). Photographs from profile shoots and graduations are uploaded to a private online gallery in unedited format (usually within 5 days) for 30 days and are edited to order (refer to sections 3.5 and 3.6). During busy periods or holidays this time frame may be extended.
3.2 The number of Photographs in Your Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of Your Gallery, but we retain absolute discretion regarding:
(a) which Photographs we include in Your Gallery (it being acknowledged that not all Photographs taken during the Photo Shoot will be included);
and
(b) The application of any digital editing to any Photographs.
3.3 Requests you make for specific corrections to images, or reediting of images, may attract additional costs. We may also accommodate specialist or bespoke requests for retouching of Photographs (ie scars, tattoos etc) at additional cost. Any requests of this nature MUST be made at the time of ordering prior to editing. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
3.4 Your Online Gallery will be presented in the client area of our website as a named (surname or first name), password protected gallery comprising low resolution web-sized watermarked files. With the exception of boudoir sessions one image will be used as a gallery avatar. Should you wish to see your photos at full quality you are welcome to book a viewing session at the studio.
3.5 Your Gallery will be available for 30 days with the expiry date stated in the title. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products within this availability period. We reserve the right (at our option) to charge a fee for extending the availability of or relisting Your Gallery, or to delete Your Gallery and all Photographs if you do not place an order and pay the part of the Package Fee due at the time of placing the order during that time.
3.6 Your Gallery will be subject to password-protection. Clients are responsible for maintaining the security and confidentiality of any password we provide by any means of communication. You agree to accept responsibility for all activities that occur through use of your password by a third party.
3.7 You acknowledge that:
(i) your access to and use of Your Proofs Gallery may be suspended during any unanticipated or unscheduled downtime or unavailability of any portion or all of our website, including as a result of power outages, system failures or other interruptions;
and
(ii) we are entitled, without any liability to you, to suspend access to any portion or all of Your Proofs Gallery and/or our website at any time
(a) for scheduled downtime to permit us to conduct maintenance or make modifications to Your Proofs Gallery or our website;
(b) in the event of a denial of service attack or other attack on our website and/or our servers or other event that we determine, in our sole discretion, creates a risk to you or to any of our other users;
or
(c) if it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions"). Where practicable, we will endeavour to post updates on our website or social media regarding any Service Interruption and resumption of service following any such suspension, but we are not liable for the manner in which we may do so or if we fail to do so and we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
4. ARTWORK PRODUCTS
If you order an Artwork Product (wall portrait montage, Gallery album or Portfolio album), a proofed layout of the Artwork Product, together with any options available to you, will be available to view in a private online gallery for approval before the Artwork Product is printed. You may request reasonable changes as part of the approval process, but some changes may be subject to additional charges. We will advise you if additional charges apply. We will not submit any Artwork Product for printing unless and until the proofed layout has been approved by you and you have confirmed your options (where available). You will be liable for any costs associated with any changes requested after you have approved the proofed layout.
5. ORDER COMPLETION/TURNAROUND
We will let you know when you place your order when to expect completion. ALL TIMES QUOTED ARE ESTIMATES AND ARE NOT GUARANTEED. IF YOU REQUIRE ANY PRODUCT FOR ANY SPECIFIC DATE YOU MUST INFORM US AT THE TIME OF BOOKING AND WE WILL DO OUR BEST TO ACCOMMODATE. Lead times from receipt of your order and payment typically start at two weeks for printed products and up to two months for some Artwork Products. If your Package includes digital images we will aim to supply them via the downloadable website gallery within 7 days. Where Products are posted, risk in the Products will pass to you upon despatch. All orders must be checked (digital files should also be backed up) upon receipt and any issues reported to us within 1 working day. Any order found to be placed in error by the client (ie incorrect order number or reference) remains their responsibility and any replacements will be charged for.
6. IMAGE PROCESSING, STORAGE & ARCHIVING
6.1 The digital files of your Photographs will be processed, titled and stored using your name and session date. Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Your Photographs may be destroyed or archived at our discretion after the expiration of the applicable ordering period referred to in these Terms and Conditions. Subject to receipt and payment of an order, we will aim to archive your Photographs for a minimum period of SIX MONTHS from the original session date (subject to technical constraints and limitations).
At your request and subject to payment of any fees we may charge, we may agree to reinstate an Online Gallery that has been archived, or extend the viewing period for an Online Gallery that is still active. We are unable to reinstate an Online Gallery that has been destroyed.
7. CANCELLATION, RESCHEDULING AND REFUND POLICY
Cancellation
7.1 Legal right of cooling off. You have 14 days after the day we accept your booking to cancel the Photo Shoot; this is called the cooling off period. However, once we have completed the Photo Shoot you cannot change your mind, even if the cooling off period is still running. If the cooling off period is still running and you decide to cancel after we have started the Photo Shoot, you must pay us for the services provided up until the time you tell us that you have changed your mind We offer additional cancellation rights that apply once the cooling off period has expired. These are set out below.
7.2 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the booking deposit if you cancel your Photo Shoot no later than 24 hours prior to the Photo Shoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the booking deposit if you cancel after this date, but you may request that the Photo Shoot Date is rescheduled.
7.3 If you wish to cancel the Photo Shoot, please contact us using the phone or email details in the Key Terms.
7.4 We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the booking deposit and any session fee paid, unless we agree a rescheduled Photo Shoot Date with you.
7.5 We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or an attendee is ill. We are not required to reschedule the Photo Shoot or refund any of the session fee or booking deposit to you in these circumstances.
Rescheduling
7.6 You should give us as much notice as possible if you wish to change the Photo Shoot Date. Occasionally, we may need to reschedule the Photo Shoot Date (for example, weather conditions and events outside our control) and, in such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the Photo Shoot to a date that suits you, but cannot promise that an appropriate date will be available.
7.7 You may reschedule the Photo Shoot Date using the existing booking deposit once provided sufficient notice is provided. Any subsequent rebooks, regardless of notice given, will forfeit the original booking deposit. Another booking deposit will then be required for the new booking under the same terms of use.
7.8 Rescheduled Photo Shoot Dates may not be cancelled & refunded.
Defective Items and Returns
We are under a legal duty to supply Products that are in conformity with these Terms and Conditions. Nothing in these terms will affect your legal rights. All orders must be checked (digital files should also be backed up) upon receipt and any issues reported to us within 1 working day. Any order found to be placed in error by the client (ie incorrect order number or reference) remains their responsibility and any replacements will be charged for.
Order Cancellation
7.11 Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn't affect your statutory rights.
8. FEES AND PAYMENT
8.1 A refundable £20 deposit is taken to secure all studio session bookings subject to our cancellation policy. Profile and graduation sessions may carry this towards their session fee on the session day or later order.
8.2 You must pay the Total Session Fees in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photo Shoot, full payment must be received in order to confirm your booking. The Total Session Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 7 above.
8.3 The fee that you pay for your Products will depend on which Products you select. Prices for all of our Products are set out in our full Price List, which is available online and on the session day. Our prices are guaranteed for a period of 30 days from the Photo Shoot or Viewing Date (whichever is applicable) and after that our prices are subject to change on notice.
8.4 You must pay the Fee applicable to the Products you order in accordance with the terms of payment set out in the Key Terms. No part of your order will be fulfilled unless and until we receive payment in full of all amounts due.
8.5 Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.
8.6 Use and validity of vouchers is limited to the terms & conditions stated thereon. No exchange of cash value or product is permitted.
9. LIABILITY
9.1 We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
9.2 All individuals participating in location shoots outwith the studio do so at their own discretion and risk and Flash Photography will not be held responsible for any accident or injury sustained during that activity.
9.3 Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and
Package Fee actually paid by you to us in relation to the Photo Shoot and your order. We will not be liable to you for:
(a) your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
(b) any indirect or consequential loss.
9.4 Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any other matter for which it would be illegal to exclude or attempt to exclude our liability.
9.5 Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.
9.6 Except as set forth in this section 9, to the fullest extent permitted by law, we disclaim all warranties, implied or express.
9.7 Flash Photography will not be held responsible for the use or misuse of any image obtained from us by unauthorised or illegal means.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
10.2 If you purchase printed Products, you will own the printed Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of a printed Product is an infringement of our rights and is strictly prohibited.
10.3 If you purchase a Package comprising digital images, you are entitled to create Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. In all cases, your ownership of the Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs. We do not guarantee the quality of results supplied by anyone other than our own approved printers.
10.4 Without our prior consent, you undertake not to (a) use any Product or digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Product or digital image provided to you. We may apply anti-copying measures to all Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Gallery. You agree not to try to circumvent any such measures.
11. PRIVACY
11.1 We collect certain personal information from you in connection with your Photo Shoot (for example: your name and the names of attendees, email address, payment address and details). Keeping personal information secure and confidential is very important to us. We keep your personal information on secure servers and we comply fully with all applicable Data Protection legislation. We will not disclose to any third party any of your personal information without your prior consent.
11.2 We will use the Photographs and any personal information that you provide to us in connection with the Photo Shoot only for the purposes of:
(a) creating and delivering the Products;
(b) performing the services contemplated by these Terms and Conditions;
(c) exercising any rights granted to us pursuant to any specific consents given to us (in your sole discretion); and
such other purposes as notified to you at the time we obtain personal data from you (together the “Specified Purposes”).
11.3 If you provide your consent after the session, the Specified Purposes may include use of the Photographs to promote and advertise our business, including (but not limited to):
(a) in our printed publications, presentations, promotional materials (including leaflets, brochures, stickers, bookmarks, posters, factsheets, calendars);
(b) on our website and other digital advertising of our services; and
(c) in social media forums such as Instagram, Pinterest and Facebook.
(d) Submissions to photographic competitions, qualification panels and critiques etc.
(e) Similar use may be extended to related third parties such as prop suppliers and make up artists etc.
11.4 You agree to us:
(a) storing copies of the Photographs for the Specified Purposes;
(b) providing the Photographs to our selected third party partners in order to process your order and provide any agreed specialist services;
(c) storing your contact details on our database in case we need to contact you;
(d) transferring the Photographs and your personal information outside the European Economic Area (“EEA”), for the purposes of storage on a cloud server located outside the EEA or where otherwise authorised by you; and
(e) publishing the Photographs in accordance with the Specified Purposes.
12. MISCELLANEOUS
12.1 Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
12.2 Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.
12.3 Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Products by an event outside our control (including acts or god, fault or failure of equipment, software, hardware, networks or infrastructure or failure by third parties), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.
12.4 Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of the courts of the United Kingdom, within which locus the contractual obligations governed by these Terms and Conditions are performed. . You and we irrevocably agree that the courts of (i) England and Wales and (ii) Scotland, will have exclusive jurisdiction to settle any Dispute, depending upon the locus of the performance of the contractual obligations contained herein. It is expressly provided however, that the terms of the Contract (Rights of Third Parties) Act 1999, the Contract (Scotland) Act 1997 and the Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these Terms and Conditions and may not be relied upon by you or any third party in relation to any claim made by you or any third party under these Terms and Conditions.