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 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 cancelled and the appointment will be open for booking to other clients. Session fees are non-refundable please see the cancellation of the 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 canceled 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 cancellation fee Equal to the cost of a session fee for the type of session booked.
Refundable deposits: If “the company(s)” has an offer, i.e. free or complimentary session, the booking will require a fully refundable deposit, For “the Client(s)” to receive the deposit back they agree to attend the Photo Session and the Viewing/ordering session, Failure to do so will result in the deposit not being refunded. Cancellation should follow our cancellation policy
Vouchers: Vouchers may be purchased for a photo session. 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 the expressed permission of “the company”. Only one voucher per session. Vouchers are to be used for new sessions and cannot be used to purchase photographs from previous sessions. Vouchers cannot be used towards session fees and these 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”. Gift vouchers may not be exchanged for cash. A fully refundable booking fee must still be required upon booking
Cancellations of booking
Cancellations of bookings by “the Client(s)”: “The Client(s)” may cancel their appointment 48 hours prior to the session date; any cancellation 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 unlucky event that “the photographs” have to cancel a session for reasons beyond our control (death, injury, sickness, Governement of 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 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 party, 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,
Cancellation of Viewing Session: The same terms are used for the cancellation of a booking (see above)
Model Release and GDPR
Model release (Boudoir Clients): Due to the nature of the work undertaken and the sensitivity in nature “the clients will no longer be required to sign a model realise before the photo shoot begins. “The Client(s)” May be asked if “the Company” would like to use any images for advertings 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 have to come to a mutual agreement.
GDPR: “The photograph(s)” keep up to date with all current GDPR legislation has 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 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”.
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 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 the family and may be best for that person to bring your child as you would like to have the best photographs possible.
Creative and artistic licence: “The photographer” will endeavour to do our best 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 recording 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.
Viewing / Ordering / Design consultation: During the viewing /ordering /design consultation you will be viewing 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 are correct and that you are happy with the order. By making a payment of a minimum 25% you are acknowledging the order is correct and agree to the full term and conditions (including the 1988 copyright act)
Pricing and Payment
Prices: All services and goods supplied are 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 the 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 the full payment plan terms and conditions
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 caused 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. 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 24 hours of receiving the goods.
Refunds request (the Clients): Due to the nature of the product and all goods are custom made we are unable to offer any refunds once you have placed your order.
Refunds of order (The Company): If “the company”is unable to fulfil the order, “the company” may offer you an alternative or Refund
Alterations: Due to the nature of the product and all goods are custom made we may not be ale to alter your order after it has been made.
Cancellations of orders:
Faults with products: in the rare occasion there is a fault with the product and the error has been 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 errors 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 if “the client(s)” change their mind. “The client(s)” 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 individuals
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 and make Digital copies i.e for displayed through a monitor). Digitals are available to purchase to display thought monitors.
Coping images: By any client coping or allowed to be copied, any photographs for which “the company” owns the copyright will have therefore 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 digitals images supplied by USB stick or other digital devices supplied by “the company”, thus the purchase of digitals will be added as an extension of “the client(s)” contract, and will be invoiced for the cost of a complete viewing, 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 the 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 therefore 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 invoiced 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 of 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 client 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, and 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 booking a portrait experience, “the client(s)” agrees that all information is 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.
Age Requirments: “The Company” takes a variety of portrait experiences. To take part in certain portrait experiences you will have to be age-appropriate, for example, any images were taken in underwear, nude or suggestive posing you will have to be over 18 years of age, proof of ID may be required for safeguarding purposes
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 endeavour to solve the problem in the correct manner. 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 prior to the viewing/ordering/design consultation “The client(s)” will be entitled to a full refund of the session fee. 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