Terms & Conditions
Hart Photography Ltd.
TERMS & CONDITIONS OF CONTRACT
In the following terms of contract if referred to as “The Photographer(s)” this shall mean Portraits by Hart or any photographers, or agents appointed by Portraits by Hart “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 session or placing an order with “The Photographers” you are subject to the full terms & conditions herein.
Portraits by Hart values your privacy, and to this end we subscribe to the principals of the Data Protection Act. Your data will only be used by The Photographer’s to advise you of products, services and special promotions only and will not be sold to third parties. We may contact you by post, telephone, sms text, email or other forms which include social networking sites. Users may select not to use these services by indicating this to The Photographers in writing.
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 Portraits by Hart.
Portraits by Hart. 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 Hart Photography Ltd.
Portraits by Hart. under the Copyright Designs & Patents Act 1988 will not permit the use of mobile phones, ipods, ipads or any personal image recording equipment within its studio premises 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 session or viewing and request the client(s) delete any recorded images immediately and leave its premises.
STUDIO PREMISES & WEBSITE
All images within Portraits by Hart. 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 studio is subject to these terms and conditions. Portraits by Hart. 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 full payment of the current session fee applicable to the service supplied is required from all client(s) at the time of booking a photographic session to secure make-up/studio time.
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.
Viewings will be arranged at a reasonably mutually and convenient time for both the client(s) and “The Photographers” within 12 weeks of the session date on either Tuesday, Wednesday, Friday & Saturday times between 9.00am and 5.30pm or on Thursdays between 1.00pm and 7.00pm. The viewing appointment is booked subject to the same terms & conditions as our non make up sessions. 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 session and that “The Photographers” reserve the right to delete from their server any images obtained from this photographic session and will be under no obligation to store or back up any images from any studio session after the viewing process is completed.
All rearrangements must be made in person or over the phone on 01384 422118 between 9am & 5.30pm on either Tuesday, Wednesday, Friday & Saturday or Thursday between 1.00pm & 5.30pm inclusive. Emails and answering machine messages, sms texts and other forms of communication will not be classed as notification of cancellation. “The Photographers” require at least 48hrs on viewing appointments and non make-up sessions and 7 days notice on make-up shoots (Sundays not included in either time frame) by the client(s) to rearrange a photographic session, The first rearrangement is free of charge however “The Photographers” reserve the right to charge a £10 admin fee on subsequent rearrangements.
All cancellations must be made in person or over the phone on 01384 422118 between 9am & 5.30pm on either Tuesday, Wednesday, Friday & Saturday or Thursday between 1.00pm & 5.30pm inclusive. Emails 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 photographic sessions and viewing appointments and 7 days for make up photographic sessions 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 loose their full session fee.
LATENESS AND NON ARRIVALS
If the client(s) are more than 20 minutes late for an appointment or does not complete the experience, (photographic session & viewing appointment), “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 lose any deposit or booking fee paid and the appointment will no longer be guaranteed. “The Photographers” reserve the right to offer a shortened photographic session or refuse to undertake the photographic session 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.
All images, prints, disc, frames etc. shall remain the property of Portraits by Hart. until such time as full payment has been received by “The Photographers” from the client(s).
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 or a mutually agreed deposit has been received from 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 is practicable and will give the client(s) a completion date 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 2-3 weeks for orders to be completed in house although this time scale may have to be extended if special materials need to be outsourced.
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 12 months and shall not be responsible to refund the cost of or replace any such orders.
Portraits by Hart. provides a professional service and therefore reserves the right to deny or refuse sessions and viewings if staff feel that a clients behaviour, 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).