Leon Britton Photography

terms and conditions

for leon britton photography

Liverpool Photographer Portrait Headshot Business Commercial Studio

What are our terms and conditions?

None of us like the small print, so to make things easier, we have compiled as much as we can onto the one page.

Standard Terms used on this page:

Business: Leon Britton Photography
Client(s): Refers to the Parties to the Contract.
Event: Refers to the Event title that is specified in the Contract.
Photographer(s): Refers to Leon Britton Photography.
Products: Refers to any USBS, albums or other items listed in the Contract.
Services: Refers to the photography services to be carried out at the Event, as well as any other Services agreed upon between the Client(s) and the Photographer and set out in the Contract.

Website Copyright:
All Web site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Web site are copyright of Leon Britton Photography, or their content and technology providers. All rights reserved.

Permission is granted to electronically copy and print in hard copy portions of this Web site for the sole purpose of placing an order with Leon Britton Photography.

Any other use of materials on this Web site including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of Leon Britton Photography is strictly prohibited.

Trademarks
Leon Britton Photography’s services referenced on this Web site are either trademarks or registered trademarks of Leon Britton Photography, in the U.K and/or other countries. Other product and company names mentioned on this Web site may be the trademarks or registered trademarks of their respective owners.

Disclaimer
To the fullest extent permitted at law, Leon Britton Photography is providing this website and its contents on an “as is” basis and makes no (and expressly disclaims all) representation or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition Leon Britton Photography does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
Except as specifically stated on this Web site, to the fullest extent permitted at law, neither Leon Britton Photography nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, Leon Britton Photography does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of Leon Britton Photography, its affiliates, directors, employees or other authorised representatives.

The following terms and conditions, together with the Contract, constitute the entire agreement between the parties. No variation or modification of the Contract shall be effective unless agreed by both parties in writing. Each party acknowledges that it has not relied on any statement, representation, assurance, or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

BOOKING FEE:
Upon receipt of cleared funds in respect of the Booking Fee, the Photographer(s) will confirm the Event, Date, Time, and Services. The Parties acknowledge that the Booking Fee is non-refundable and non-transferable in the event of cancellation by the Client.

PAYMENTS:
Approximately [2-3] weeks prior to the Event, Leon Britton Photography will be in contact with the Client(s) to arrange a pre-event appointment if deemed necessary. Any remaining balance is to be paid by the pre-event meeting date. All payments must be received in cleared funds prior to the Event.

Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
• The same amount as the Booking Fee is due 12 months prior to the Event date;
• The remaining balance is due by the pre-event meeting or 14 days prior to the Event if a pre-event meeting is not held.
Payment for any additional images or products must be made at the time of order.

Failure to make payment by the specified dates may result in cancellation. All cheques should be made payable to Leon Britton. Bank Transfer (BACS) payments are also acceptable. Late payments or returned cheques will attract an administration charge of £25. No photographs or albums will be delivered until all payments have been received in full in cleared funds.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any outstanding balance in respect of the Contract.

LICENCE AND COVERAGE:
The Photographer(s) will be granted artistic license in relation to the poses photographed and the locations used. While every effort will be made to comply with the Clients’ requirements, the Photographer(s) will have the final judgement regarding the location, poses, and number of photographs taken. These decisions will not be subject to dispute.
For events involving a church ceremony or certain other venues, the Photographer(s)’ movements may be restricted by the minister or official in charge. The photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. In such circumstances, the Photographer(s) cannot accept responsibility for limited coverage.
Although the Photographer(s) will endeavour to fulfil the Clients’ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions that may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. If the Photographer(s) are unable to accommodate alternative arrangements (such as a change of ceremony date or venue), they will not be liable to compensate the Client(s) in any way.

IMAGE AND REPRODUCTION:
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s), and may be subject to slight variation. Although every effort will be made, the Photographer(s) cannot guarantee exact colour matching and are not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer. Prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but the Client(s) acknowledge that USBs may not play on all devices, including but not exclusive to computers. Only quality branded USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.

RETOUCHING:
Retouching, digital manipulation, and artist finishing are available to the Client(s) as an optional extra.
REORDERS:
All reorders shall be treated as an extension of the Contract, and no responsibility for any error will be accepted unless orders are provided in writing.

PRODUCTS:
In the event that a product (such as an album) is no longer available, a suitable alternative of similar quality will be offered. The Photographer(s)’ choice of an alternative will be deemed correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

OWNERSHIP:
All images shall remain the sole property of the Photographer(s) at all times. All completed albums and products shall remain the property of the Photographer(s) until full payment is received.

COPYRIGHT:
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 and Design Act 1988 and remain the copyright of the Photographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically, or by any other means an image created as part of this contract without the written permission of the Photographer(s).

SUBSTITUTION:
In the unlikely event that the assigned Photographer(s) is unable to attend the Event due to unforeseen circumstances, Leon Britton Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.

INSURANCE & LIMITATION OF LIABILITY:
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract 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 Contract. Neither party shall be liable for any indirect or consequential loss.

FORCE MAJEURE:
The due performance of this Contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services, and any of the Parties fail to attend.

CONDUCT:
It is the responsibility of the Client(s) to ensure the co-operative behaviour of subjects at a shoot. Should the Photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse, and the Client(s) cannot control or prevent the situation, then the Photographer(s) are entitled to advise the Client(s) of that situation and leave without forfeit of this Contract (e.g., drunk/abusive guests at a wedding).

MAKEUP AND ATTIRE POLICY:

At our studio, we acknowledge the significance of appearance in photographs and the role that makeup and attire play in achieving the desired look. Our topmost priority is to ensure that our clients are satisfied with their appearance in the photographs. Therefore, we provide our clients with the opportunity to review their appearance before, during, and after the photography session to confirm their satisfaction.

It is important to note that while we can offer guidance and suggestions on makeup, attire choices and the correct use/appearance of formal wear, we cannot be held responsible for the final decision made by the client(s) or their representatives. We encourage our clients to communicate their preferences and concerns in advance so that we can work together to create the desired look for the photographs.

In conclusion, we are dedicated to ensuring our clients are content with their appearance in the photographs. While we provide guidance and suggestions, the ultimate responsibility for makeup, attire and how they are worn rests with the client(s) or their representatives.

CANCELLATION:
If the Photographer(s) has to cancel the Event due to circumstances beyond his/her control, the full amount of the Booking Fee and any further payments received will be returned to the Client(s). If possible, a re-shoot may be arranged (if practicable). However, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
If the Client(s) wish to cancel this Contract at any time, Notice of Cancellation must be given in writing to the Photographer(s). In such circumstances, the Client(s) will be liable to pay the Photographer(s) the following sums:

For Weddings:
• Notice received 365 days prior to the wedding date or more: Booking Fee only.
• Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable.
• Notice received of 182 days or less: 100% of the agreed balance will be payable.

If no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000, and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer(s).
If an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the Photographer(s) can accommodate the date, a 50% allowance of the amount due will be transferred to that new date, and a new contract will be commenced.

For Studio Sessions:
• Dates are secured by payment of a booking fee as listed on the site and at the time of booking.
• This will be a non-returnable, non-refundable booking fee (deductible from the session total on the day) to secure your booking. If you need to rearrange your session more than two working days prior to your session, your deposit can be moved to secure your rescheduled session. Anything less than 48 hours’ notice will result in you losing the deposit.
• If we have to cancel on you for some reason and it’s within 24 hours of your booking, upon rescheduling, we will offer an extra photo retouched for free.

For Outdoor Sessions on Location:
• Dates are secured by payment of a booking fee as listed on the site and at the time of booking.
• This will be a non-returnable, non-refundable booking fee (deductible from the session total on the day) to secure your booking. If you need to rearrange your session more than two working days prior to your session, your deposit can be moved to secure your rescheduled session. Anything less than 48 hours’ notice will result in you losing the deposit.
• In the event of inclement weather, we will contact you on the morning of the session by text, phone call, or email to discuss. If it is agreed the session is not possible, and we have not already committed to travel or other expenses for that day, we may be able to reschedule subject to our availability, without loss of deposit. Where travel has already been commenced, and we have been unable to make contact prior to an hour of the start time for the event, your deposit will be forfeited.
• If we have to cancel on you for some reason and it’s within 24 hours of your booking, upon rescheduling, we will offer an extra photo retouched for free.

For Commercial and B2b clients, a copy of the relevant terms and conditions will be provided alongside the relevant quotation and on request.

VAT:
All prices quoted are subject to VAT at the prevailing rate where applicable.

COMPLAINTS:
Any complaints should be raised directly by the Client(s) to the Photographer(s) in writing within 14 days of the occurrence that gives rise to the complaint. The Photographer(s) will consider the complaint and shall provide a response to the Client(s) within 14 days of receipt of the complaint.

NOTICES:
Any notice relating to this Contract should be in writing and sent by recorded delivery to the address stated in the Contract.

GOVERNING LAW AND JURISDICTION:
The parties irrevocably agree that any dispute arising out of this Contract shall be governed and construed in accordance with English law, and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

21-11-22

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