The persons whose signatures appear on this contract, known as the Clients, agree that Kathryn Goddard of Capture this Moment photography LLP shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
There will be 2 pre-wedding consultations prior to the wedding day. The initial meeting and a final meeting a month before the wedding date. It is essential to have a list of your group shots at the final meeting allowing 3-5 minutes per group shot.
LICENCE AND COVERAGE
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which 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. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Please be aware that the photographer may require assistance (usually the best man) in organising group photographs. The bride and groom also agree to give the photographer sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer will use her discretion but cannot be held responsible for lack of photos of these people.
COPYRIGHT & USAGE
Clients have limited rights to make and use copies of the digital images provided. Clients may use them for their own use in e-mails, on personal web sites and to make copies, prints and other reproduction for personal, non-commercial use and distribution. Clients are not allowed to make copies for sale or commercial use.
MODEL RELEASE AND CONSENT
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, facebook, facebook sneak peeks, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images.
Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer(s) agree not to resell any image to a third party other than with prior written consent.
It is understood that Kathryn Goddard is the exclusive professional photographer for the wedding. Additional professional photographers may be employed only with prior written permission from the Photographer. Guest photographers are welcome with one caveat: The Photographer will request your intervention is a guest is inhibiting the ability to fully document the wedding.
LIMITS OF LIABILITY
While every reasonable effort will be made to produce and deliver outstanding photographs of the wedding event, the entire liability of the Photographer to the Client for any claim or loss arising for the performance is limited to a refund to the Client of the amount paid for the services.
In cases where the wedding does not run on time (for example, extreme lateness by the bride arriving to the church) I cannot guarantee to take the normal set of photos although in such circumstances I will do my best.
Photographer may be limited by the guidelines or rules of the ceremony official, ceremony venue, and or reception venue. The Clients understands and agrees that Photographer will abide by such guidelines or rules.
It is the Clients responsibility to schedule and receive permissions to use various locations for photography, including the wedding and reception locations and any other locations used during the day.
PAYMENT FOR SERVICES
A non-refundable booking fee of 20% is due at the signing of this agreement. Upon receipt of the booking fee The Photographer will reserve your date. The booking fee is applied towards your total payment. The remaining balance must be paid in full 6 weeks before the wedding date.
Services and products not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice.
Any negatives and/or digital files 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.
The Photographer will provide coverage for the dates, locations and hours specific in this contract. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are realised to the Client. A list of desired photos from the wedding day will be discussed before the wedding day. Every reasonable effort will be made to capture requested pictures, but no specific pose or photographs can be guaranteed.
The Client agrees to allow the Photographer to distribute a small number of cards to guests with the web address of the event and the event password.
The Client agrees to the shopping cart function being added to the gallery for guests to order any prints if they wish to do so.
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).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Capture this Moment Photography LLP 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.
Cancellation Where 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).
Where it is 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).
Should the Client 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 will be liable to pay the Photographer(s) the following sums-
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.
Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client.
A presentation of the proof images is ordinarily made available online within 7 to 10 working days following the wedding date. Although this is my aim Kathryn Goddard could deliver these images up to but no later than 4 weeks after the wedding. Once the proof images have been seen by the Clients, the images will then be delivered on a DVD. The delivery time for the disc will be around 2 weeks after final approval as the packaging is custom printed.
All images are processed in the current style of Capture this Moment Photography LLP. If the Client wishes further processing to be done, a fee of £40 per images is applied.
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. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is 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 and that prints may not match images rendered on any particular computer monitor.
USING THE SHOPPING CART ONLINE
All print prices are guaranteed for a period of three months following the date of the wedding. Orders placed after 3 months following the date of the wedding will be charged at the rates of the most recently published price list.
Upon receipt of the digital images files, the Client accepts all responsibility for archiving and protecting the photographs. The Photographer does not permanently archive image files. The Photographer is not responsibility for the lifespan if any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the storage media provided. It is the Clients responsibility to make sure that digital files are copied to new media as required.
Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players and computers.
Only quality branded CD’s and DVD’s 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.
Albums will be designed in the current style of Capture this Moment Photography LLP. The Clients choose the specific images to be included in the albums, but the overall design will be determined by the Photographer. Album prices, not included in the wedding agreement are subject to change without notice. Album design is one month after the completion of the image processing.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
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 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.
GENERAL TERMS AND CONDITIONS
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 capitalized 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 8 below.
2.2 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.
2.3 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.
2.4 A parent or guardian must be present at all times if we are photographing children. You must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.
3. How to order packages and artwork products
3.1 This section does not apply if you have selected an “all inclusive package” option where we select the Photographs to be included in your Package. Please refer to section 4 if you have selected this option.
3.2 Following your Photo Shoot, we will prepare and make available a selection of proofs of the Photographs from your Photo Shoot (“Your Proofs Gallery”). At our option, we may present Your Proofs Gallery to you either in person (refer to sections 3.5 and 3.6) or an online gallery (refer to sections 3.7 to 3.9). In either case, we aim to have Your Proofs Gallery ready within 14 days of the Photo Shoot Date, but during busy periods this timeframe may be extended.
3.3 The number of Photographs in Your Proofs Gallery will vary from session to session. We will take into consideration your specific requests as regards the contents of Your Proofs Gallery, but we retain absolute discretion regarding:
(a)which Photographs we include in Your Proofs 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.
3.4 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. 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.
3.5 Your Proofs Gallery will be presented in person by the Photographer on a date agreed between you and the Photographer. We may charge a viewing fee (as set out in our Price List or otherwise advised to you, and which will be payable at the time of booking the viewing) as well as cancellation fees and rebooking fees if you cancel your scheduled viewing (any rescheduled viewing must take place within 2 months of your Photo Shoot Date). The Photographer will determine the format in which Your Proofs Gallery is presented. Unless otherwise agreed by the Photographer, you must make your selection of Photographs, Package and Artwork Products within 14 days from the date of the viewing/at the viewing/order session. We reserve the right to delete Your Proofs Gallery and all Photographs and/or to charge a late payment fee 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 If we offer an online gallery option, you may be invited to order from Your Proof Gallery through an online gallery after your presentation. The section below entitled “Viewing Your Proofs From an Online Gallery” will apply if you select this option.
Viewing Your Proofs From an Online Gallery
3.7 Your Proofs Gallery will be presented as an online gallery comprising low resolution web-sized watermarked files. We will advise you by email when Your Proofs Gallery is ready for you to view. Your Proofs Gallery will be available for 30 days from the date of the email. 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 Your Proofs Gallery, or to delete Your Proofs 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.
3.8 Your Proofs Gallery may be subject to password-protection. Only you may access Your Proofs Gallery. You are solely responsible for maintaining the confidentiality of any password we provide and you may not disclose your password to any other person. You agree to accept responsibility for all activities that occur through use of your password by a third party.
3.9 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 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. all inclusive packages: photographer selection of photographs
4.1 If you have selected an “all inclusive package” option where we select the Photographs, we will take into consideration your specific requests as regards the Photographs to be included in your Package, but we retain absolute discretion regarding:
(a)which Photographs we include in the Package; and
(b)the application of any digital editing to any Photographs.
4.2 Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. 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.
5. Artwork Products
If you order an Artwork Product, a proofed layout of the Artwork Product, together with any options available to you, will be submitted to you 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.
We will let you know when you place your order when to expect to receive the Package and Artwork Products (as applicable). Lead times from receipt of your order and payment typically start at two weeks for digital images (without retouching) and up to two months for some Artwork Products. Any delay in payment of fees payable to us will affect the delivery period. If your Package includes digital images, these will be delivered on media storage by post to the address specified in the Key Terms. Artwork Products will be delivered to the address specified in the Key Terms. Risk in the Package and Artwork Products will pass to you upon delivery.
7.1 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 of an order for a Package or Artwork Products and payment of the Package Fee, we will archive your Photographs for a period of 5 years. We are happy to archive your Photographs beyond this period, subject to payment of the storage fee we specify.
Any orders placed once your Photographs have been archived will incur a retrieval fee, in addition to the cost of the order.
At your request and subject to payment of any fees we may charge, we may agree to reinstate a Your Proofs Gallery that has been archived, or extend the viewing period for a Your Proofs Gallery that is still active. We are unable to reinstate a Your Proofs Gallery that has been destroyed.
8. Cancellation, RESCHEDULING and refund policy
8.1 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 will refund you the Total Session Fee by the method you used for payment within 14 days, less the cost of any photography services already provided up to the time of cancellation (including any Supplemental Session Fees). We offer additional cancellation rights that apply once the cooling off period has expired. These are set out below.
8.2 Additional Cancellation Rights. In addition to your legal rights referred to above, you are entitled to a full refund of the Session Fee if you cancel your Photo Shoot no later than 14 days prior to the Photo Shoot Date. Except in exceptional circumstances and in our sole discretion, we are unable to refund the Session Fee if you cancel after this date, but you may request that the Photo Shoot Date is rescheduled. Any Supplemental Session Fees paid or payable to a third party are only refundable to you following cancellation of the Photo Shoot if we are ourselves able to obtain a refund from the third party.
8.3 If you wish to cancel the Photo Shoot, please contact us using the phone or email details in the Key Terms. Alternatively you may complete and email to us the form attached to these Terms and Conditions.
8.4 We may cancel your Photo Shoot for any reason prior to the Photo Shoot Date. We will then provide a full refund of the Total Session Fee, unless we agree a rescheduled Photo Shoot Date with you.
8.5 We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or a Model is ill. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
8.6 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.
8.7 You may reschedule the Photo Shoot Date once at no cost to you, after which you must pay a fee equal to 50% of the Session Fee each you time you wish to further change the Photo Shoot Date. Any Supplemental Session Fees paid or payable to a third party are only refundable to you following rescheduling of the Photo Shoot if we are ourselves able to obtain a refund from the third party. You may be required to pay further Supplemental Session Fees in connection with the rescheduled Photo Shoot Date.
8.8 Rescheduled Photo Shoot Dates may not be cancelled.
Newborn Photo Shoots
8.9 For Photo Shoots of newborn babies, we schedule the Photo Shoot to take place between the 4th and 21st day of your baby’s due date.
8.10 If your baby’s actual birth day means the scheduled Photo Shoot does not fall within this period, then we will usually offer you an alternative date that falls within the 21 day period following your baby’s birth. If the Photographer is not available during that period, we will:
(a)offer you the next available date; or
(b)if that date is not acceptable to you, provide you with a full refund of the Session Fee (in which case, your contract with us will terminate).
Defective Items and Returns
8.11 We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.
8.12 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.
9.Fees and payment
9.1 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 8 above.
9.2 The fee that you pay for your Artwork Products or Package will depend on which Package and Artwork Products you select. Prices for all of our Packages and Artwork Products are set out in our full Price List, which is available on request. Our prices are guaranteed for a period of 90 days from the Photo Shoot Date and after that our prices are subject to change on notice.
9.3 You must pay the Package Fee applicable to the Package and Artwork Products you order in accordance with the terms of payment set out in the Key Terms. No part of your order will be delivered unless and until we receive payment in full of all amounts due.
9.4 Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.
10.1 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 a Photographs and Artwork Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
10.2 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.
10.3 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.
10.4 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.
10.5 Except as set forth in this section 10, to the fullest extent permitted by law, we disclaim all warranties, implied or express.
11. Intellectual property rights
11.1 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.
11.2 If you purchase Artwork Products, you will own the Artwork 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 an Artwork Product is an infringement of our rights and is strictly prohibited.
11.3 If you purchase a Package comprising digital images, you are entitled to create Artwork 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 Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs.
11.4 Without our prior consent, you undertake not to (a) use any Artwork Product or digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Proofs Gallery. You agree not to try to circumvent any such measures.
12.1 We collect certain personal information from you in connection with your Photo Shoot (for example: your name and the names of Models, 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.
12.2 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 Package and Artwork 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”).
12.3 If you have provided your consent in the Key Terms, the Specified Purposes will include use of the Photographs to promote and advertise our business, including:
(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.
12.4 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 otherwise authorised by you;] and
(e)publishing the Photographs in accordance with the Specified Purposes.
13.1 Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
13.2 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.
13.3 Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Package or Artwork 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.
13.4 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 England. You and we irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute.