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© Copyright 2018 Vivienne Court Photography LTD  - All Rights Reserved

Terms of Service


These Terms and Conditions, together with your Booking Agreement, form the legal agreement between Vivienne Court Photography Ltd ("Photographer") and the client named in the Booking Agreement ("Client").

1. DEFINITIONS AND INTERPRETATION
• "Booking Fee" means the non-refundable initial payment required to reserve the Photographer’s time and date.
• "Images" means all visual materials, including digital files, prints, albums, or physical media created by the Photographer.
• "Session" means the scheduled portrait photography shoot.
• "Products" means secondary printed or digital goods ordered by the Client.

2. BOOKING AND PAYMENT
2.1. A non-refundable Booking Fee is required upon booking to secure the appointment. The Session date is not reserved until the Booking Fee has cleared.
2.2. The balance of the Session fee and any pre-ordered Products must be paid in full on or before the date of the Session, or in accordance with an agreed instalment plan.
2.3. Additional Product orders must be paid in full at the time of ordering. Products will not be delivered or released until full payment is received.
2.4. Orders placed after the initial booking are fulfilled at the prices effective on the date the order is received.

3. CANCELLATION AND RESCHEDULING
3.1. Cancellation by Client: If the Client cancels more than 14 calendar days prior to the Session date, any funds paid in excess of the non-refundable Booking Fee will be refunded. If cancellation occurs 14 days or fewer before the Session, the Photographer reserves the right to retain 30% of the Booking Fee to cover administrative overhead and reserved time.
3.2. Rescheduling by Client: The Client may request to reschedule the Session once without penalty, provided written notice is given at least 14 calendar days prior to the appointment. The rescheduled date must occur within 30 days of the original date, subject to Photographer availability.
3.3. Cancellation by Photographer: If the Photographer must cancel due to illness, injury, or unforeseen circumstances beyond control, liability is strictly limited to a full refund of all monies paid by the Client.
3.4. Adverse Weather: For outdoor Sessions, if severe weather prevents execution, a mutually agreeable alternative date will be arranged. If no date can be agreed, the Booking Fee will be refunded in full.

4. PERFORMANCE AND ARTISTIC LICENCE
4.1. The Client acknowledges familiarity with the Photographer’s portfolio and style. The Photographer retains full artistic discretion regarding composition, lighting, poses, locations, and the selection and total quantity of delivered Images.
4.2. Delivered Images are not subject to rejection, edit requests, or refunds based on personal taste or aesthetic preference.
4.3. While reasonable efforts will be made to capture requested shots, no specific pose, background, or group arrangement is guaranteed.
4.4. In the event of any concerns regarding delivered services or products, the Client agrees to notify the Photographer in writing within seven (7) calendar days of receipt so the Photographer may attempt to resolve the matter promptly.

5. RETOUCHING AND DELIVERABLES
5.1. The Photographer will select and curate the final set of processed Images delivered to the Client. Raw, unedited files are not supplied under any circumstances.
5.2. The Photographer’s editing philosophy emphasizes authentic representation. Standard retouching includes colour adjustments and the cleanup of temporary physical imperfections (e.g., stray spots or minor bruises). Permanent features, facial structures, and body contours will not be altered or reshaped, as the Photographer does not perform digital body modification.
5.3. Requests for additional or advanced retouching beyond standard post-processing will incur an additional fee of £30 per image.

6. INTELLECTUAL PROPERTY AND USAGE RIGHTS
6.1. Pursuant to the Copyright, Designs and Patents Act 1988, copyright and all intellectual property rights in all Images remain strictly with the Photographer at all times.
6.2. Personal Usage Licence: Subject to full payment, the Photographer grants the Client a non-exclusive, non-transferable, personal licence to print, copy, and share the purchased Images for non-commercial purposes.
6.3. Restrictions: The Client shall not alter, crop, apply filters to, or manipulate the Images. Images may not be sold, licensed, or used for commercial gain or third-party publication without prior written consent from the Photographer.
6.4. Archiving: The Photographer will archive delivered digital files for 12 months from the Session date. Beyond 12 months, the Photographer has no obligation to store or retain files.

7. LIMITATION OF LIABILITY
7.1. In the unlikely event of total photographic failure, camera or equipment malfunction, or digital file corruption prior to delivery, total liability is strictly limited to a full refund of all monies paid for the Session. For partial loss, a pro-rata refund will be issued based on the affected proportion.
7.2. The Photographer maintains active Public Liability and Professional Indemnity Insurance.
7.3. The Client agrees to hold the Photographer harmless against personal injury, loss, or damage occurring during the Session, except where caused directly by the Photographer’s proven negligence.

8. DATA PROTECTION (UK GDPR)
8.1. Personal data provided by the Client is processed in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
8.2. Personal details are securely stored and will never be shared with third parties for marketing purposes. The Client may request data erasure in writing at any time.

9. GOVERNING LAW
9.1. This Agreement is governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute.

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