Terms and conditions
Definitions: for the purpose of this entire contract “The Company” shall mean Treasured Moments Photography Ltd, Company No.9927463. “The Photographer(s)” shall mean Darren Keith Whiteley or any photographers appointed by Treasured Moments Photography Ltd. “The Client(s)” shall be those whose names appear in the contract. The due purpose of the contract is subject to the conditions below and they cannot be varied or changed in any way by “The Client(s)”unless such conditions are expressly agreed by “The Photographers” in writing.
Session fees: Upon booking there will be a session fee payable the amount will vary depending on the type of session being booked, all bookings pencilled in will require the booking fee payment to be made within 24 hours. Any booking that the session fee has not been paid will automatically be cancel and the appointment will be open for booking to other clients. Session fees are non-refundable please see cancelation of booking section.
Session fees (with vouchers or Emma’s Diary): A fully refundable session fee is payable at the time of booking to secure your appointment, any bookings pencilled in will require payment within 24 hours of the booking unless mutually agreed by both parties on a date agreed any of booking with no session fee will automatically be cancel and the appointment will be booked to other clients. Session fees will be refunded at the viewing session or may be deducted from your final order.
Pre-Paid offers and packages: If “the Client(s)” purchase a pre-paid offer or package, there is a standard 14day cooling off period with “the client(s)” may cancel the booking and receive a full refund. Cancellation after the 14day cooling off period will be subject to a cancelation fee Equal to the cost of a session fee for the type of session booked.
Refundable deposits: On occasions “the company(s)” has an offer on, and you are able to book under a refundable deposit. The deposit will be held for “the Client(s)” to receive the deposit back only at the viewing / ordering session only after they have attended the Photo Session and the Viewing / ordering session, Failure to do so will result in the deposit not being refunded. Due to the nature of the session if “the Client(s)” may cancel unto 6weeks prior to the due date, any cancelations under this time the “the client(s)” will not receive a refund.
Vouchers: Only one voucher per photo session. Any persons that have been included in any other voucher session may not be used in any other voucher session within the same calendar year. Vouchers may not be exchanged for cash.
Promotions and Charity prizes (excluding gift vouchers): All vouchers are valid until the date shown on the voucher. All vouchers are only applicable to the offer shown on the voucher. Vouchers cannot be used in conjunction with any other offers or any other vouchers from any other sources. Vouchers are only transferable with expressed permission of “the company”. Only one voucher per session. Vouchers are to be used towards new sessions and cannot be used to purchase photographs from previous sessions. Vouchers cannot be used towards session fees and these are must be paid upon booking. All general terms and condition still apply.
Gift Vouchers: Gift voucher that are purchased as gift may be used in conjunction with other offers and voucher. Gift vouchers may only be used for products at “the company”. Gift vouchers may not be exchanged for cash. Fully refundable booking fee must still be paid upon booking
Cancelations of bookings by “the Client(s)” (Newborn session):
Before firm date is given “The Client(s)” may cancel their appointment at any time before your baby is born and a firm date given, please note the session fee is non refundable and “the Photographer(s)” will be unable to issue a refund the Session fee.
After firm date is given: Once the baby(s) have been born and you have received a firm date within “the company” dairy, Due to the nature of these sessions, the session may not be cancelled or rearranged, If the appointment does have to be re-arranged due to conditions out of “The Clients(s)” control, “The company” may not be able to fit you in and you session may be cancelled and no refund given.
Cancelations of bookings by “the Client(s)” (Other sessions): “The Client(s)” may cancel their appointment prior to the session date; any cancelation after this time, no refund will be given (unless reasons beyond your control, ie. (Death of an attendee) but a new mutually agreed appointment may be made. If any member of the party is ill on the day of the photo please call to reschedule as we understand that the member would feel uncomfortable being photographed at this time and know that you would not love the photographs nearly as much as if they were in good health.
Cancelations of booking by “the Photographer(s)”: In the unluckily event that “the photographs” have to cancel a session for reasons beyond our control (death, injury, sickness, etc.) Our liability shall be limited to a full refund of all monies paid or a rescheduling of the appoint at a time that is convenient to both parties.
Cancelations of bookings “due to acts of God”: In the event that a booking has to be cancelled due to an act of god, adverse weather conditions, casualty, strike, or other causes beyond the control of either parties, a new session will be booked at a mutually agreed time (within a reasonable time period), No refund of the session fee will be given,
Cancelation of Viewing Session: The same terms are use as cancelation of a booking (see above)
Model Release and GDPR
Model release: Before the photo shoot begins “the Client(s)” will be required to sign a photo shoot agreement within this agreement are all the details of the Model release. If “the client(s)” have any special restriction they must full in the relevant section in full. If “the Company” agrees “the Company” will acknowledge these and sign the restriction. If “the company” disagrees, both “the Company” and “the Client(s)” will have to come to a mutual agreement.
GDPR: “The photograph(s)” keep up to date with all current GDPR legislations has a legal obligation under GDPR to correctly store and used your Data, All electronic data will be store within a safe network, with any programs used with external servers will all be GDPR compliant Signed paper contracts will be store and file separate to the images for the complete length of the copyright of the image, in compliance with the “1988 copyright act”.
Subjects in Session: Only bring the relevant subjects to be photographed to the session (both parents are always welcome). This is especially important with children, as we will be working hard to get their attention to produce the photographs you would love. Please note: In some circumstances children may behave better for a certain member of family and may be best for that person to bring your child as you would like to have the best photographs possible.
Creative and artist licence: “The photographer” will endeavour to do our best in to create the request of “the client(s)” but should also be granted creative and artistic license in relation to the choice of poses, backgrounds and props used. Our judgement on photographic style and the number of photographs taken shall be deemed as correct. Unfortunately we cannot guarantee to create any specific picture nor incorporate any specific backgrounds, props or group arrangement. Some photographs may not be possible due to the subjects being unwilling to co-operate.
Cameras, Mobile phones and recording equipment: No cameras, mobile phones or recoding equipment are to be used
within the premises of Treasured Moments Photography Ltd. Treasured Moments Ltd will not allow any photographing or
recording on the premises at any time especially when a photo shoot or viewing session is in progress. Any person that chooses not to adhere to these terms will be asked to leave the premises.
Pricing and Payment
Prices: All services and goods supplied sold at the current prices at the time of sale. Price may be subject to change at any time without prior notice.
Payment: A Min of a 50% deposit must be paid at the viewing session unless a mutually agreed payment plan is in place (see payment plan terms and conditions). The remaining 50% must be paid on collection of the goods. No goods will be released by “the company” unless all monies are paid in full.
Payment plan: If “the Client(s)” require a payment plan, “the company” requires a minimum of a 25% deposit payable at the Viewing / Ordering Session and credit/ debit card details for the Remaining 3 Payments, to be considered at the sole discretion of “the Company” and a minimum order of £350. Defaulting on the payment may result in the payment plan being revoked. “the Client(s) will only receive the order once the Payment plan is fully paid. Please see full Payment plan terms and conditions
Credit: If “the Client(s)” require credit, You can apply through PayPal Credit, Once they has issued the funds, “the Company” will issue you a PayPal invoice which “the Client(s)” can Pay using the credit. Please note applying for PayPal credit, “the company” has no control over the application, agreement and funds. The credit agreement is solely between “the Client(s)” and “the Credit Company”
Collections / Delivery of goods
Collection of Goods: Every effort is taken to ensure that your product meets the highest quality, however we do advise checking your order upon collection, as once you have left “the company” premises, you are accepting that your order is correct and fault free. “The company” will take no responsibility for any fault after this as they may have been accidentally cause by “the client(s)”.
Storage of goods: Due to the size of the products and the space required to needed to store products “the company” will only be able to store your products for a maximum of 4 weeks. Any product not collected in this time may be destroyed as the product is a personal item cannot be sold on, any monies paid will be used towards the destruction and disposal of the products. However if you wish “the company” to store your products for longer periods, this must be arranged prior and as space is limited this will be at the sole discretion of “the company”, “the client(s)” will agree to pay a storage fee of £15 per week payable in advance, Part weeks will still be charged at the full week price, Weeks will start on a Monday and end on a Sunday. Any payments missed must be paid before “the client(s)” may receive their products.
Delivery of goods: Due to the nature of the goods we recommend collection but in the event of “the client” asking for the goods to be delivered this will be charged at the appropriate rate to the amount of goods ordered. The full amount of the order and the delivery charge must be paid in full before “the company” will send out the goods. All goods must be checked upon delivery, any broken packaging must be photographed and when signing for the item “Damaged packaging” must be stated when signing. Any damaged goods must be photographed and “the company” must be notified within 24hours of receiving the goods.
Refunds, alterations and cancellations of orders: “The company” will not refund or will not accept any returns after the goods have left the premises. If there is a fault with the product in the case of an error made by “the client(s)” “the company” cannot take responsibility and will not give a refund, However “the Company” will work with “the client” to help “the client” resolve the problem, “the client(s)” will be charged accordingly to correct the problem. If there is a fault with the product in the case of an error made by “the company” we will not offer a refund, but we will correct the error to the cost of “the company”. As all goods are custom made and personal with images from “the client(s)” photographic session and cannot be sold on if “the client(s)” change their mind. “The client(s)2 will be fully liable for the purchase, we cannot offer any refund.
Extra Orders: Any extra orders are welcome we must receive this in written form will be treated as an extension of the original contract.
Copyright and displaying
Copyright: The 1988 copyright assigns the full copyright of all photographers to “the company” and “The photographer(s)”. It is therefore contrary to the act and illegal, to copy or allowed to be copied by any means photographic or otherwise, by any other person or machine other than by “the Company” or “The photographer(s)”
Usage: All photographs purchased by “the client(s)” are covered by the above copyright act, and are sold by “the company” for personal display only in the form they are sold to you i.e. a print to be displayed as a print, “the client(s)” are not allowed to be scanned onto disk and displayed through a monitor). Disks are available to purchase to display thought monitors.
Coping images: By any clients coping or allow to be copied, any photographs for which “the company” owns the copyright will have therefor under these terms and conditions agreed that “the Client(s)” wishes to purchase a license to print. These are only sold in the form of a USB stick, thus the purchase of a USB stick will be added as an extension of “the client(s)” contract, and will be invoice for the cost of a fully USB Stick, to be paid in full within 7 Days from receipt of invoice. Failing to pay the invoice to obtain you license will be seen as a total disregard to “the Company” and the copyright act and a breach in the contract and will be pursued through the courts.
Social Media and internet: “The company” allows all customers to tag themselves or make a profile picture of the photographs we have taken of them or their family free of charge for only if “the company” uploads them to Facebook through their Facebook site. “The Client(s)” may only upload photographs if they have purchase the license through purchasing a USB stick from “the company”. By any clients uploading any copied images onto social media will have therefor under these terms and conditions agreed that “the client(s)” wishes to order a USB stick as an extension of “the client(s)” contract, and will be invoice for the cost of a fully USB Stick to be paid in full within 7 Days. Failing to pay the invoice to obtain you license will be seen as a total disregard to “the Company” and the copyright act and a breach in the contract and will be pursued through the courts.
No photographs taken by “the photographer(s)” will be allowed at places on any other website without Prior written consent from “the company”
The customer must still ensure that the photograph is put on at a high standard; “the company” however still have the rights to ask “the Client(s) to remove these images if they are not of a high standard as this does affect the reputation of “the company”. No images will be allowed to be put through any applications that change features of the image. Images must be used as sold as there is to be no editing or manipulation done to them
Display: “The Client(s)” hereby allows, by the means of the model release form, the use of the photographs created during the session, by “The Company” to be displayed in the studio, portfolio, competitions that “the photographer(s)” enter, or in any advertising directly associated with “the company”.
Safety: “The company” takes every Reasonable effort to ensure the premises and equipment is always suitable and safe.
Physical activity: The photo session may involve some physical activity, it is the sole responsibility of “the client(s)” to inform “the company” of any activity they can’t do or don’t want to do, any activity “the client(s)” undertaken is at your own risk.
False information: By checking and signing the agreement, “the client(s)” agrees that all information given to “the company” is correct and true. “The company” takes no responsibility for any outcome as a result of any false information provided by “the client(s).
Special / Medical Requirements: “The Company” requests that “the Client(s)” notify “the company” of any special /medical requirements that may be needed, the information would help to make “the client(s)” experience more comfortable.
Minors: Under 16 must always be accompanied by an adult who accepts for reasonability for the minor. The adult will sign the agreement thus becoming “the client(s)”.
Refusing to take Photographs: “The company” has the right at any time refuse to take any photograph “the Client(s)” request for any reason if “the company” feels but not limited to be ; distastefully, unsafe and so forth.
Complaints: In the unlikely event of any complaints with regards to our service or products, “the company” requires all complaints to be made in writing within 7 days of receipt of order. “The Company” will endeavor to solve the problem in the correct manor. Any complaints, insults, threats or slander written on social media will be reported to the Police and the social media platforms. Any slander will be pursued through solicitors and courts
Digital files: If in the unlikely event the digital file gets corrupt or lost “The client(s)” will be entitled to a full refund. All files are will be kept by “the company” until the Viewing / ordering session. Any images that are not purchased may be deleted from our system, Any images purchase will be store for as long as reasonably possible
Damages / breakages: “The Client(s)” are fully responsible for their actions and the actions of any minors that they accompany to the studio. “The client(s)” full understands and agrees that any damage or breakages caused by “the client(s)” or the minors their accompany shall be the full responsibility of “the client(s)” and agrees to pay or rectify the damage / breakage as agreed with “the Company”
Personal Belongings: “The company” takes no responsibility for any damage or loss to personal belongings of “the client(s)” either within or outside the premise
Car Parking: There is ample car parking for up to three cars outside “the Company” studios. “The Client(s)” may us they car parking at their own risk “the company” takes no responsibility for any loss or damage whilst using the car parking
Applicable law: This agreement shall be covered under the laws of England and Wales