Terms and Conditions
Thank you for taking an interest in Photographs By Shirley (“us/we/our”). Please read these Terms and Conditions carefully. We will be happy to answer any questions or concerns you may have in relation to these T&Cs at any time.
Booking Form - A booking form signed by you further detailing the photo services.
Photo - Any photograph, transparency, negative, digital image file or any other item which may be offered for the purpose of reproduction taken by Shirley Hollis (or other such photographer who we shall choose in consultation with you).
Photo Services - The event or series of events during which we shall provide photographic services to you e.g. Family Photo Shoot.
Reproduction - Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist's reference or illustration, or in a layout or presentation.
2. Ownership and Copyright
The copyright and all other rights in the Photos shall be retained by Shirley Hollis, trading as Shirley Hollis Enterprises (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.
The prices on the website may be out of date. We reserve the right to adjust prices at any time without prior notice. All prices are in sterling (£). The correct price for the photo shoot shall be stated on the Booking Form.
4. Booking Fee and Balance
Family Photo Shoot - A 50% deposit is required on booking. Once this has cleared your photo shoot selected date will be reserved. All deposits are non-refundable once paid. The outstanding balance of payment must be settled prior to the photo shoot.
Payment can be made by the following methods: Deposit by credit or debit card as part of the booking process, balance by bank transfer, credit or debit card.
6. Change of Date
If you need to change the date of your photo shoot then any new date will be subject to the Photographer's availability. We shall use reasonable endeavours to arrange an alternative date for your shoot, one reschedule, due to illness only, is allowed free of charge, further changes will result in loss of deposit and a new fee being chargeable.
7. Our Obligations
We will use reasonable endeavours to supply the Services as detailed in the Booking Form in a professional manner.
8. Your Obligations
You agree to co-operate with us in all matters relating to the photo shoot and to supply us with all information reasonably requested by us in order for us to carry out the photo shoot.
9. Force Majeure
9.1 We shall have no liability to you under this Agreement if we are prevented from carrying out the photo services by:
· Late arrival by the family. The shoot can continue with remaining time but this could mean a reduction in the number of images available to you;
· Any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
9.2 In the event of incapacitating illness or injury to Shirley Hollis we shall have the option, whenever possible, to mutually agree with you a replacement session slot. If we cannot agree a replacement then we shall refund to you any fee paid in relation to the interrupted photo services in full (subject to our limitation on liability in Clause 10).
10.1 Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the photo services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
10.2 The limitation on liability shall also apply in the event that photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the photographer is not liable.
10.3 Nothing in these conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
If a cancellation occurs, except for conditions listed in 6, the deposit will be forfeited
13. Advertising and Promotion
We request your permission to use images created as a result of your session on our website, in social media and for marketing purposes. If this permission is not granted then images will not be shared in this manner.
The digital images included within your package are licensed to you for your own personal use. This includes but is certainly not limited to printing, copying, emailing and publishing online (including all social media).
The files supplied will be high-res JPEGs, compatible with all operating systems.
The photographer has no responsibility of any future loss or damage of images and cannot guarantee copies will be retained or backed up.
The Photographer is not responsible for the print quality of any 3rd party suppliers you choose to use.
The ownership of the images still remains of the Photographer and as such your license does not include use that results in financial gain.
15. Client Safety
The Photographer takes no liability for the actions of children during the photo shoot, this is the responsibility of the Client. The Client must ensure there is at least one responsible adult other than the Photographer present at all times.
These Terms and Conditions and the Booking Form, this includes online booking forms, constitute the whole agreement between the parties and supersede all previous agreements between the parties relating to its subject matter.
No variation or agreed termination of this agreement or of any document referred to in it shall be effective unless it is agreed in writing.
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A person who is not a party to this agreement shall not have any rights under or in connection with it.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.