TERMS & CONDITIONS

Last updated: October 20, 2018

1. DEFINITIONS
For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub- licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Client” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.

4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

5. EXCLUSIVITY
The Agency and Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.

6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

7. INDEMNITY
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

8. PAYMENT
Payment by the Client will be expected for the commissioned work within 15 days of the issue of the relevant invoice or before first use of the images, whichever is the sooner. If the invoice is not paid, in full, within 15 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

9. EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Client, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.

12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.

15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.

 

 

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us.

 

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REFUNDS & GIFT CERTIFICATES

A refund request made within 7 days of your online purchase, gift certificate or telephone booking will be granted of any cleared monies paid. Beyond this period your purchases are non-refundable. Gift certificates are valid for 3 months, if you have not made a booking within 3 months, then you will lose the opportunity to enjoy everything that is included within the purchase.

Payment for bookings that are made inside a 7 day period, For example; You book on Monday for the coming Friday or the following Monday, but you can't attend, then please note, these short-term bookings are non-refundable.

Refunds or reduction in prices charged in relation to any services performed, whether photography, retouching or prints which are of reasonable commercial quality will not be considered. If concerns arise, they need to be addressed during the photoshoot by the person or persons we are photographing. Once the person/persons we photographed leave, they accept full ownership of the product and service.

We cannot be held responsible for individual tastes or expectations.

REARRANGING A PRE-BOOKED SESSION

5 days notice is required to reschedule a booking once it has been made. You may reschedule once for free, beyond this, a fee of £50 will be charged to reschedule your booking, this can only be applied once. Otherwise you will forfeit your initial payment in full and you will have to re-pay the full cost of the package again in order to re-book. If you're eligible for a reschedule but would like some time to get back with a date and time, then we will place your package details in a holding area, you have 3 months to decide on a new date and time, beyond this time you will lose the opportunity to be photographed by the team and you will have to repay in full in order to re-book.

BALANCE OWED

Any money owed to the studio will need to be paid in full in order for the studio to release the high resolution images without watermark.

LATENESS OR NO-SHOW

We work to a compact schedule, please arrive five minutes prior to your appointment, otherwise you may lose out on experiencing the entire service. With regards to no-shows, you will lose your entire booking fee and you will have to repay in full to re-book.

LOST PROPERTY

Please make sure you leave with everything you arrived with. img 1st limited will not be liable for any items left behind. Items left for over 7 days at the studio will be donated to charity.

THE 10% RULE

IMAGE 1ST is great value, that's why we shoot plenty of images so that you end up with at least 10% of them as 'must have' exceptional shots. Shooting helps you relax, build your confidence and pose for the camera. The more relaxed you get and let yourself get into the experience the more iconic images you will have.

COUPLES & TWO FRIENDS

The EXPERIENCE package allows for two friends or a couple to enjoy the benefits of sharing what the package offers.

If you purchase as a couple or two friends, we will only shoot two sets with you both in the pictures. If you would like some individual shots, we charge an additional £50 per person, per outfit change. If you think you would like some individual shots taken as part of this package, please let us know before you arrive.

RETOUCHING

For packages that offer FREE retouching, the time you have to get back to us with your chosen images is 3 months from the date of your shoot. After 3 months we will no longer be able to fulfil this complimentary service. Please allow up to 6 weeks for your retouches to be completed, unless stated otherwise. We do offer an express turnaround service if you wish to have them back sooner. What is included in our free retouching / airbrushing service? We smooth over skin imperfections, balance the lighting, bring up the sharpness and remove any yellow stains from your teeth. We create bespoke quotes for digital nip/tuck services which include double chin removal, body weight reduction, digital art or image cut-outs. Please do not hesitate to contact a member of the team for further information.

The Website is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. If we are informed of any inaccuracies in the material on The Website we will try to correct them as soon as we can.

In particular we are not liable to you for the following:

Incompatibility of The Website with any of your computer or telecommunications equipment or software.
Technical problems or errors or interruptions of The Website.
Inadequacy of The Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (included but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to The Website.

Nothing in these Terms and Conditions excludes liability for death or personal injury caused by our negligence or fraud.

We aim to deal with any questions in a fair, confidential, swift and effective way. They should be directed via e-mail us to info@image1st.com and include full contact details in addition to your e-mail address together with order number where appropriate.

We may update these Terms and Conditions from time to time.

The changes will apply to the use of The Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use The Website. If you continue to use The Website after the date on which the change comes into effect, your use of The Website indicates your agreement to be bound by the new Terms and Conditions.

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.

If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first. We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

We make no promise that materials on The Website are appropriate or available for use in locations outside the United Kingdom, and accessing The Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts. Any contracts between you and us are concluded in English.

If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

If you breach these Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

We shall not be liable for any breach of these Terms and Conditions beyond our reasonable control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Privacy Policy

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998.

The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.

If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.

We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

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