Terms and Conditions


"Business" shall mean STUDIO INFINITY;

"Client(s)" shall mean "YOU" the Parties to the Contract;

"Event" shall mean the Event title inserted into the Contract;

"Photographer" shall mean STUDIO INFINITY;

"Products" shall mean any discs, albums or other items listed in the Contract;

"Services" shall mean photography to be carried out at the Event and any other Services agreed between Client(s) and the Photographer and set out in the Contract;

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variations or modifications of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Bookings & Purchases

When making a booking, The Customer agrees that it is for their exclusive use only and they agree that The Facility will not be sub-let to any other party without the permission of The Studio.

When The Customer makes a booking, we immediately remove the availability of the chosen date and time from sale to any other party and that bookings are considered final and binding.

When making a booking you agree to make a payment in full for the service(s) provided.

We may request a booking fee (deposit) or payment in full at the time your booking is made, such payments are non-refundable unless we are unable to fulfil your booking.

The Studio may agree to provisionally hold a booking for you, until final arrangements can be made. If this is agreed the standard period of which that a provisional booking will held for is twenty-four hours. The Studio may offer The Facility for rental to another party if any provisional booking is not confirmed within the agreed time-frame. Any remaining balances become due no later than the end of the booking and can be paid in cash, credit or debit card, PayPal or bank transfer. We regret that we are no longer able to accept personal or business cheques. The Studio only offers credit terms to registered companies and only when agreed in advance with The Studio. If no agreement is in place the full balance due must be paid no later than the end of the booking. The Studio may subject any such application to a credit reference agency which may record the details of the search. Any invoiced amount becomes due on the thirtieth day following the date of the invoice. Any monies not payable within thirty days of the date of invoice may be subject to interest, charges, fees and details of the debt being recorded with a credit reference agency.

Cancellation Policy

In the event of a cancellation, The Studio reserves the right to request full payment for any time booked by The Customer. The Studio may offer an alternative date and/or time to The Customer for another booking within the thirty days following their booking without any additional charge wherever possible, but there is no obligation to do so and this is offered as a gesture of goodwill only.

Please note that any booking fee, deposit or other payment on account is not refundable unless The Studio is unable to meet the original obligation to The Customer.

Booking Times – Including Setup and Clear-Up Time

When making a booking please note that the booked times are the only period where The Customer can expect full and exclusive use of The Facility, unless otherwise agreed. The Studio will not allow access to The Facility to any other party not connected with The Customer, unless agreed otherwise or as required by law.

The Studio will allow for a period of fifteen minutes before and fifteen minutes after each booking to allow for setting up and clearing up of the shoot. If you feel that you will require more than this standard period of time, The Customer may book additional time from The Studio in advance at the standard advertised rates. It may not be possible to accommodate additional time not booked in advance, however The Studio will attempt to accommodate such requests and may be subject to the standard advertised rates for rental.

Where The Customer or guest of The Customer is delayed, they may request that the time of the booking be altered or the booking of the studio be extended, however The Studio cannot guarantee that such a change may be possible and may be subject to additional fees. Where The Customer or a guest of The Customer is delayed, any missed booking time will still be chargeable.

The Customer may be able to extend their booking beyond the booked times (overtime). This must be agreed with The Studio and The Customer agrees that any additional time is chargeable at the prevailing advertised rates and any part of hour is chargeable at the full hourly rate. Overtime is subject to availability only, should an extension of the booking not be possible The Customer agrees to terminate their booking at the agreed time and must not overrun.

If The Customer does not appear at The Studio within thirty minutes of the booked time, The Studio reserves the right to consider that the booking is cancelled, with any remaining fees due from The Customer.

Conduct

All parties, including The Customer and their guests, are required to demonstrate good conduct whilst at The Facility, including respect for our neighbours, representatives of The Studio and any other person onsite. All parties are required to behave in a lawful and respectful manner.

Invasion of personal space, private rooms and any inappropriate behaviour is not permitted and may result in the booking being terminated with the full fee payable.

Smoking is not permitted in The Facility, there is provision for smokers to the rear of the building.

The Facility will be manned by a representative of The Studio at all times, unless agreed otherwise.

Any guests under the age of eighteen must be accompanied by a parent, legal guardian or chaperone.

Damage

The Studio is provided to The Customer in a clean and tidy state, to which The Customer agreed to return The Facility in the same manner. Any damage caused by misuse, misadventure or carelessness to any set, fixture, fitting, equipment, accessory and consumable, including flash or light bulbs and background paper rolls will be charged to The Customer and becomes payable before the end of the booking.

Reasonable wear and tear is permitted and the use of paper background rolls is included in the cost of the rental of The Facility. Any damage, to background paper, not considered wear and tear will be chargeable at £5 per metre damaged and/or rendered unusable.

The Customer agrees to take all reasonable steps to ensure the safe use of all equipment within The Facility and will agree to indemnify The Studio against any costs for any damage caused.

All damage must be reported to The Studio immediately.

Equipment

The Studio makes available equipment, services and facilities on an as-is basis. No warranty or guarantee is offered and whilst The Studio will endeavour to make available all advertised equipment at all times, it cannot be guaranteed to do so and such items may be varied at any time and without notice for whatever reason.

No item or items belonging, hired or leased or lent to The Studio may be removed from The Facility at any time unless agreed in writing with The Studio. A charge or deposit may be required for any such agreement.

The Customer agrees not to use any item of equipment in any way not recommended by The Studio and/or the manufacturer.

Liability

The Customer is responsible for ensuring that they and their guests adhere to safe working practices throughout their visit to The Facility. The Customer is responsible for claims of liability made as a result of their failure to maintain safe working practices, including, but not limited to, safe height practices, avoidance of trailing leads and electrical safety. We recommend that The Customer makes provision for their own Public Liability Insurance as The Customer agrees to indemnify The Studio against any claims and/or losses that may arise as a result of their negligence during rental of The Facility.

The Customer agrees to indemnify The Studio against any costs, claims or fines which may be made as the result of their use of The Facility. The Studio is responsible for ensuring that equipment and facilities are in a safe and serviceable state of repair and will provide Public Liability Insurance against any claims where The Studio fails to achieve this.

The Studio will not be liable for any loss, damage, expense, costs or loss of income as a result of renting The Facility. In addition, whilst reasonable measures will be taken by The Studio, no responsibility for loss or damage of any property or vehicles of The Customer or their guests will be accepted. The Studio will not be liable for any injury or death to The Customer or their guests not directly attributable to the negligence of The Studio. The Studio will not be liable for any losses, whether direct or consequential, that are a result of malfunction, error, availability, illness or any other reason outside of our control as to why The Facility may not be able to be rented, except for any fees that have been paid to The Studio in respect of rental charges.

In the unlikely event of The Studio having to cancel your booking, we will refund any fees paid with respect to the rental of The Facility and offer to provide proof of cancellation if required. We will endeavour to provide alternative facilities for your booking, however this cannot be guaranteed, or offer alternative dates for your booking.

The Facility, services and equipment are all provided wholly without warranty and at The Customer’s own risk and may be subject to change without notice at any time by The Studio. The Studio reserves the right to refuse admission to any person or to remove any person from The Facility if it is believed that there is any risk to health and safety of any person, risk to any part of The Facility or if the person is believed to be behaving in an unruly, disruptive or abusive manner, is believed to be intoxicated under the influence of alcohol or drugs, or if that person is believed to partaking in any illegal or proscribed activity whilst on the premises. The Studio reserves the right to terminate any booking in these circumstances, upon which the full cost of any outstanding rental fees will be immediately due and without refund of any paid fees.

Booking Fee

The Photographer will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.

The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.

Payments

STUDIO INFINITY will be in contact with you approximately [2-3] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary. Any remaining balance is to be paid by that meeting date.

All payments must be received in cleared funds prior to the Event.

Following payment of the Booking Fee, the balance of fees due is to be paid as follows:

* The remaining balance is due by the pre-event meeting or 14 days prior to the event if a pre-event meeting is not held.

* Payment for any additional images or products must be made at the time of order.

Failure to make payment by the dates stipulated may result in cancellation.

Bank Transfer (BACS) payments may be accepted by prior arrangement.

Late payments will attract an administration charge of £10.00.

No photographs will be delivered until all payments have been received in full in cleared funds.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

License and Coverage:

The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients' requirements, the Photographers' judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.

For Events involving a church ceremony or at certain other venues, the Photographer movements are sometimes restricted by the minister of official in charge: photographing parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.

Whilst the Photographer shall endeavour to fulfil the Clients' requirements, the Photographer cannot be held responsible for non- availability of subjects or adverse conditions which may delay the progress of proceedings, preventing  the coverage of certain specified shots.

Any alternations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing. Where the Photographer is unable to accommodate alternative arrangements (such as change of ceremony date  and or venue), the Photographer is not liable to compensate the Client(s) in any way whatsoever.

Use and Display of Images

The Clients hereby allow the Photographer to display any images relating to the Contract and to generally promote the Business in the Photographers' portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are use lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in normal course of events. Other than via the password protected gallery the Photographer agree not to resell any image to a third party other than with prior written consent.

Image and Reproduction

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specifications of each monitor/ computer and that prints may not match images rendered on any particular computer monitor.

Retouching

Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

Reorders

All reorders shall be treated as an extension of the Contract and no responsibility for any error will be be accepted unless orders are provided in writing.

Products

In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers' choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be responsibility of the Client(s).

Ownership

Any negatives and/or digital files shall remain the sole property  of the Photographer at all times.

All completed albums and products shall remain the property of the Photographer until full payment is received.

Substitution

In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Studio Infinity reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.

Insurance & Limitation Liability

The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.

Neither party shall be liable for any indirect or consequential loss.

Force Majeure

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or International calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer attend an Event to perform the Services and any of the Parties fail to attend.

Cancellation

Where the Photographer has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any other payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer will not be responsible or liable for any additional cost incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer.

Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the payment structure. 

VAT

All prices quoted are not subject to V.A.T at the prevailing rate.

Complaints

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the client within 14 days of receipt of the Complaint.

Notices

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

Governing law and jurisdiction

The Parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.












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