TM Photography & Design Ltd
Terms & Conditions of Contract
In the following terms of contract if referred to as “The Photographer(s)” this
shall mean TM Photography & Design Ltd or any photographers, or agents appointed
by TM Photography & Design Ltd. “The Client(s)” shall be those entered into such a
contract and who’s name appears on our booking sheet or order form. By booking a photographic experience or placing an order with “The Photographers” you are subject to the full terms & conditions herein.
Under the Copyright Designs & Patents Act 1988, all Copyright attaining to images taken by “The Photographers” shall unless specifically released in writing remain the intellectual property of TM Photography & Design Ltd.
Purchased digital files does not mean the client owns copyright unless specifically stated. Purchased digital files means the client has the right to reproduce the files for personal use only. NOT COMMERCIAL USE. Permission for this needs to be obtained from the photographers seperately.
TM Photography & Design Ltd may release the rights under license to reproduce these images in print or digital form for a set period of time, however unless specifically referred to this does not permit the re sale of any images taken by TM Photography & Design Ltd.
TM Photography & Design Ltd under the Copyright Designs & Patents Act 1988 will not permit the use of mobile phones, i.pods, i pads or any personal image recording equipment within its studio premises or on location where The Photographers control the shooting environment. If the client(s) infringes or is seen to infringe the copyright of any of the photographers images, “The Photographers” reserve the right to halt and cancel the experience or viewing and request the client(s) delete any recorded images immediately and leave its premises. If you have purchased prints only, this does note give you the client or any third party the right to reproduce this images for any reason, this includes copying or scanning via mobile phone devices for use on any social media platform.
Studio premises & Website
All images within TM Photography’s premises and website are covered by the Copyright Designs & Patents Act 1988 and any copying is totally prohibited. Any bookings or orders placed through “The Photographers” website or studios is subject to these terms and conditions. TM Photography accepts no liability for offence, loss or damage caused by the use of its website and accept no responsibility for the content of linked external sites.
A deposit or full payment (of our current price list at time of booking) is required from all client(s) at the time of booking a photographic session to secure make-up/studio time.
Studio Direct Deposits & Fees
- Studio direct family portrait bookings: = full booking payment
- Studio direct makeovers : = full booking payment
- Photoshoot teenage parties = 50% deposit required
- Bump 2 Baby Studio Direct = full booking payment
- Boudoir = 50% deposit required
- Weddings = 50% non refundable deposit required
- Commercial = 50% deposit required
External Voucher Deposits Per Voucher
- Family Portraits = £25
- Bride 2 Be = £30
- Bump 2 Baby = £25 per shoot
- Watch Me Grow = £25 per shoot
- Pet Portraits = £25
- Fashion Makeover = £35 per voucher
- Boudoir = £35
You, the client(s) must give “The Photographers” at least 48hrs on viewings and non make up shoots and 7 days for make up shoots notice of cancellation (Sundays not included in this time frame) of an appointment. If the client(s) fail to give the correct designated cancellation time, failure to show for an appointment or if the client(s) are more than 20 minutes late then the client(s) shall lose their deposit or booking fee.
Viewings will be arranged at a reasonably mutually and convenient time for both the client(s) and “The Photographers” within 12 weeks of the shoot date. Viewings are arranged at a later date to the shoot, the client(s) shoot deposit shall be retained by “The Photographer’s” until such time as the viewing process is completed. The viewing appointment is booked subject to the same terms & conditions as our non make up studio direct shoots. The client(s) should be aware that the viewing appointment will be the only opportunity that the client(s) will have to order images & products from their photographic experience and that “The Photographers” reserve the right to delete from their server any images obtained from this shoot and will be under no obligation to store or back up any images from any studio shoot after the viewing process is completed. Failure to return to complete the viewing process within a reasonable time ( 12 weeks) will mean any entitlement to our discounted voucher service or refundable deposits will be lost.
All re arrangment’s must be made in person or over the phone on 01376 330322 between 10am & 5pm Monday to Saturday inclusive. e.mails and answering machine messages do not always get through or are not always clearly audible so cannot be deemed as a cancellation confirmation. Sms texts and other forms of communication will not be classed as notification of cancellation. “The Photographers” require at least 48hrs on viewings and non make-up shoots and 7 days notice on make-up shoots (Sundays not included in either time frame) by the client(s) to rearrange an appointment. The first rearrangement is free of charge if meeting the criteria for acceptable cancellation is adhered to, however “The Photographers” reserve the right to charge a £20 admin fee if two or more appointments have been cancelled or rearranged.
All cancellations must be made in person or over the phone on 01376 330322 between 10am & 5pm Monday to Saturday inclusive. e.mails and answering machine messages, sms texts and other forms of communication will not be classed as notification of cancellation. You, the client(s) must give “The Photographers” at least 48hrs on non make up shoots and viewings and 7 days for make up shoots notice of cancellation (Sundays not included in this time frame) of an appointment. If the client(s) fail to give the correct designated cancellation time, or fail to show for an appointment or are more than 20 minutes late then the client(s) shall lose their full booking fee or deposit.
Lateness and Non Arrivals
If the client(s) are more than 20 minutes late for a booking or does not complete the experience, (shoot & viewing), “The Photographer’s” shall consider this as a non arrival. A non arrival means if the client(s) fails to arrive the client(s) shall loose any deposit or booking fee paid and the appointment will no longer be guaranteed. “The Photographers” reserve the right to offer a shortened shoot or refuse to undertake the shoot altogether.
Full payment shall be required from the client(s) or a payment plan supplied by “The Photographers” and signed by the client(s) to be completed on all orders placed to start the order process. Clients have a twelve week period to place an order for any entitlement to prints/digital files/products or services that are included within a voucher. If “The Photographers” have no correspondence or payment from a client for orders placed but not paid for in full before or up to the twelve week period after placing an order or any period thereafter then “The Photographers have the right to no longer hold or store any images from that session on their system and all voucher entitlements shall become void. After the twelve week period, any deposits are no longer refundable.
All images, prints, disc, frames etc shall remain the property of TM Photography & Design Ltd until such time as full payment has been received by “The Photographers” from the client(s).
“The Photographers” reserve the right to offer interest free credit options on orders to client(s). It is hereby agreed by the client(s) that this option is offered in good faith by “The Photographers” and by signing such an agreement the client(s) hereby authorizes “The Photographers” to deduct the agreed amount on the agreed day of each month to the total amount until the agreement has been finalized and the full cost of the order paid by the client(s) to “The Photographers”. “The Photographers” reserve the right to charge the client(s) a £20 pound admin fee on all payments that are missed or declined. Should the situation arise where “The Photographers” find it is not practicably possible to obtain any outstanding payments, “The Photographers” reserve the right to pass your account details onto a debt collection agency to obtain any outstanding amount. The client(s) hereby agree that any fees or costs involved in this process shall be paid by them.
Deposits, “The Photographers” shall refund within 30 days on the completion of the photographic experience to the client(s) any applicable and out standing deposit. Refunds will only be made back to the credit/debit card on which they were originally paid.
Orders. As all orders are by nature, individual and bespoke “The Photographers” do not offer refunds or accept cancellations from the client(s) on orders once they have been placed. “The Photographers” do not consider an order to be placed from the client(s) until such time as full payment has been received from the client(s) or a payment plan supplied by The Photographers” and signed by the client(s). “The Photographers reserve the right to brand and place appropriate logos and copyright notices on all images produced.
“The Photographers” aim to turn your order around as quickly as practicable possible and will give the client(s) a general timescale at time of ordering, however at busy periods and if a product needs to be outsourced, the delivery time can be longer. The Photographers” general guidelines are 3-4 weeks for in studio orders or prints although for frames/acrylics etc this timescale could be extended to around six to eight weeks.
The client(s) will be notified by “The Photographers” via phone or e.mail when the order is ready for collection unless the client(s) have paid for postage and packing. All orders that require posting are sent recorded delivery and are charged at a minimum of £6.95 upwards to cover full cost of postage and packaging.
After all reasonable attempts have been made to contact the client(s) “The Photographers” reserve the right to dispose of any uncollected or undelivered orders after 3 months and shall not be responsible to refund the cost of or replace any such orders, this includes any free images included in the photographic experience.
TM Photography & Design Ltd provides a professional service and therefore reserves the right to deny or reduce sessions and viewings if staff feel that a clients behavior, presentation or hygiene may compromise the safety or experience of staff or other client(s).
Children under the age of 18 must be accompanied by an adult at all times.
These terms & conditions shall be governed by and construed in accordance with the laws of England & Wales and any disputes only by the English Courts.
If any of these terms & conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms & conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
If you breach these terms & conditions “The Photographers” reserve the right to exercise their rights and the remedies of these terms & conditions at a later date than the breach occurred by the client(s) or in any other situation where the client(s) breaches these terms & conditions.
A person who is not party to these terms & conditions shall have no right under the contract (Rights of third parties) Act 1999 to enforce any term
of these terms & conditions but this shall not affect any right or remedy of a third party which exists or is available apart from the act.
“The Photographers will not be liable for any breach of these terms & conditions beyond their reasonable control.
“The Photographers reserve the right to change or amend these terms & conditions without prior notice to the client(s).[/vc_column_text][/vc_column][/vc_row]