Terms and Conditions
Definitions
For the purpose of this entire contract, “The Company” shall mean Treasured Moments Photography Ltd, Company No. 9927463, trading as Darren and Rhian Photography. “The Photographer(s)” shall mean Darren Keith Whiteley or any photographers appointed by “The Company.” “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 Photographer(s) in writing.
Bookings
Experience Fees
Upon booking, an experience fee is payable. The amount will vary depending on the type of experience being booked. All bookings pencilled in will require the booking fee payment to be made within 24 hours. Any booking where the experience fee has not been paid will automatically be cancelled, and the appointment will be available for booking by other clients. Experience fees are non-refundable; please see the cancellation of the booking section.
Experience Fees (with Vouchers)
A fully refundable experience fee is payable at the time of booking to secure your appointment. Any bookings pencilled in will require payment within 24 hours unless mutually agreed by both parties on a date. Any booking without an experience fee will automatically be cancelled, and the appointment will be available for booking by other clients. Experience fees will be refunded at the viewing/ordering experience 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 14-day cooling-off period during which the Client(s) may cancel the booking and receive a full refund. Cancellation after the 14-day cooling-off period will be subject to a cancellation fee equal to the cost of an experience fee for the type of experience booked.
Refundable Deposits
If the Company has an offer (e.g., free or complimentary experience), the booking will require a fully refundable deposit. For the Client(s) to receive the deposit back, they agree to attend the Photo Experience and the Viewing/Ordering experience. Failure to do so will result in the deposit not being refunded. Cancellations should follow our cancellation policy.
Vouchers
Vouchers may be purchased for a photo experience and are non-transferable. Vouchers may not be exchanged for cash. All vouchers are valid until the date shown on the voucher and are only applicable to the offer shown on the voucher. Vouchers cannot be used in conjunction with any other offers or vouchers from other sources. Only one voucher per experience. Vouchers are for new experiences and cannot be used to purchase photographs from previous experiences. Vouchers cannot be used towards experience fees, which must be paid upon booking. All general terms and conditions still apply.
Gift Vouchers
Gift vouchers that are purchased as gifts may be used in conjunction with other offers and vouchers. Gift vouchers may only be used for products at the Company and may not be exchanged for cash. A fully refundable booking fee must still be required upon booking.
Cancellation of Experience
Cancellations of Experience by Clients
Due to the nature of the experience and the time required to refill available spaces, Clients may cancel their appointment up to 4 weeks before the experience date for a full refund of any experience fee or refundable deposit. Any cancellation up to 2 weeks before the experience will not be refunded, however, the company will hold the funds for you to rebook within the next 12 months. Any cancellation after this time will not be refunded (unless due to reasons beyond your control, such as the 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 experience, please call to reschedule, as we understand that the member would feel uncomfortable being photographed at this time. We want you to love your photos, and we want everyone to feel their best.
Cancellations of Experience by the Photographer(s)
In the unfortunate event that the photographer(s) must cancel an experience for reasons beyond our control (death, injury, sickness, government or local restrictions, etc.), our liability shall be limited to a full refund of all monies paid or rescheduling of the appointment at a time that is convenient to both parties.
Cancellations of Experience Due to Acts of God
In the event that an experience has to be cancelled due to an act of God, adverse weather conditions, casualty, strike, or other causes beyond the control of either party, a new experience will be booked at a mutually agreed time (within a reasonable time period). No refund of the experience fee will be given.
Cancellation of Viewing Experience
The same terms apply to the cancellation of a viewing experience as outlined above.
Model Release and GDPR
Model Release (Boudoir Clients)
Due to the nature of the work undertaken and the sensitivity of the experience, Client(s) will no longer be required to sign a model release before the photo experience begins. The Client(s) may be asked if the Company would like to use any images for advertising or competitions. If the Client agrees, they will have to sign a model release agreement. If the Client(s) have any special restrictions, they must fill 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 need to come to a mutual agreement.
GDPR
The Photographer(s) keep up to date with all current GDPR legislation and have a legal obligation under GDPR to correctly store and use your data. All electronic data will be stored within a safe network, with any programs used with external servers being GDPR-compliant. Signed paper contracts will be stored separately from the images for the complete length of the copyright of the image, in compliance with the 1988 Copyright Act.
Experiences
Portrait Experience
Due to the nature of the portrait experience, there will always be a female member of staff present throughout the experience. Please note you may bring one person with you to your experience.
Subjects in Portrait
Only bring the relevant subjects to be photographed to the experience (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 the family and may be best for that person to bring your child to ensure you get the best photographs possible.
Creative and Artistic Licence
The photographer will endeavour to create the look requested by the Client(s) but should also be granted creative and artistic license in relation to the choice of poses, backgrounds, and props used. Our judgment on photographic style and the number of photographs taken shall be deemed correct. Unfortunately, we cannot guarantee to create any specific picture nor incorporate any specific backgrounds, props, or group arrangements. Some photographs may not be possible due to the subjects being unwilling to cooperate.
Cameras, Mobile Phones, and Recording Equipment
No cameras, mobile phones, or recording equipment are to be used within the premises of Treasured Moments Photography Ltd. The Company will not allow any photographing or recording on the premises at any time, especially when a photo experience or viewing experience is in progress. Any person that chooses not to adhere to these terms will be asked to leave the premises.
Viewing/Ordering/Design Consultation
During the viewing/ordering/design consultation, you will view your images, and we will work with you to help you design and order what you would like. Once you have placed your order, you will be asked to check all details of the order and confirm you are happy with it. By making a payment of a minimum 25%, you acknowledge that the order is correct and agree to the full terms and conditions (including the 1988 Copyright Act).
Pricing and Payment
Payment Options
Goods will be ready for collection 4 to 6 weeks after full payment.
Split Payment
If required, we can offer split payments, with 50% payable upon order and the other 50% payable 4 weeks later. Your goods will be ready for collection 4 to 6 weeks after the second payment.
Payment Plans
Clients may opt for a payment plan with a minimum 25% deposit. The Company reserves the right to approve payment plans, and the minimum order is £1000, with a minimum monthly payment of £150. Failure to comply may result in the plan being revoked. Clients will receive their order 4 to 6 weeks after the full payment is made.
Whichever way you choose to pay, your order will go into process immediately after your design consultation. All orders are final and may not be downgraded.
Collection/Delivery of Goods
Collection of Goods
Every effort is made 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 not take responsibility for any fault after this as it may have been accidentally caused by the Client(s).
Storage of Goods
Due to the size of the products and the space required to store them, 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 and cannot be sold on. Any monies paid will be used towards the destruction and disposal of the products. However, if you wish for the Company to store your products for longer, this must be arranged prior. As space is limited, this will be at the sole discretion of the Company, and the Client.
Cloud Storage and Data Security
The Company uses secure third-party cloud storage providers to store and deliver client images and related data. While we take all reasonable steps to ensure that these providers meet high standards of security and GDPR compliance, The Company does not have direct control over external systems.
In the unlikely event of a data breach, cyber incident, or unauthorised access affecting a third-party provider:
- The Company will take all reasonable steps to investigate and respond to the incident promptly.
- Where required under applicable data protection laws, affected clients will be notified.
- The Company will work with the provider to minimise any impact and secure data moving forward.
By engaging The Company’s services, The Client(s) acknowledge and accept that data storage and delivery may involve third-party systems, and that no online platform can be guaranteed to be completely secure.
The Company’s liability for any loss arising from such incidents shall be limited to the value of the services provided.