Terms and Conditions for Photography Services and Digital Products

1.0 General Provisions and Definitions

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1.1 Application of Terms (Contractual Basis)

These Terms and Conditions (“T&Cs”) govern all contractual relationships, encompassing the supply of physical services (Real Estate and Drone Photography/Video), experience-based services (International Workshops), and digital content (Online Courses) provided by (the “Photographer” or “Trader”). These Terms and Conditions (T&Cs) are designed to establish a clear and legally binding agreement between the Photographer and the client (referred to as the “Client” or “Consumer”). Acceptance of a quotation, payment of a deposit, or access to Digital Content constitutes the Client’s complete agreement to these terms.

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The structure of this document is predicated on compliance with the highest standard of UK consumer protection legislation, primarily the Consumer Rights Act 2015 (CRA 2015). While the Photographer engages in both business-to-consumer (B2C) and business-to-business (B2B) contracts, all clauses must be written in clear, concise language and deemed “fair” under the CRA 2015 to ensure enforceability across all B2C sales, such as online courses and private client property commissions. Where the Client is acting outside the scope of a Consumer (i.e., operating in their trade, business, craft, or profession), some provisions regarding limitation of liability may apply more rigorously, provided they satisfy the reasonableness test under the Unfair Contract Terms Act 1977. This integrated approach ensures that the foundational legal framework remains robust, regardless of the specific client’s status.

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1.2 Key Definitions

For these T&Cs, the following terms shall have the meanings defined below:

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• The Photographer: Refers to its trading entity, and its authorised staff, representatives, or subcontractors acting on its behalf.

• The Client / Consumer: The individual, firm, or corporate entity purchasing the Services or Digital Content from the Photographer. A consumer is defined as an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.

• Material / Licensed Images: All photographic images, video footage, sound recordings, drone footage, and associated media created or supplied by the Photographer under this contract, regardless of medium.

• Digital Content: The online course materials, downloaded e-books, video streams, or software supplied on a non-tangible medium, including access via a members’ portal.

• Workshop: The Experience-Based Service provided, typically in an international location (e.g., Tuscany or Venice), primarily focusing on structured photography education, tuition, and artistic guidance.

• Fee: The total agreed price payable for the specific Service or Digital Content booked, as confirmed in the Booking Confirmation.

• Booking Confirmation: The written (usually electronic) document issued by the Photographer confirming the details, dates, and Fees of the agreed Service, marking the point of contract formation.

 

1.3 Governing Legislation

The contract, its interpretation, and all non-contractual claims arising from it are governed by the laws of the United Kingdom. Key legislative instruments underpinning these terms include:

1. The Consumer Rights Act 2015 (CRA 2015): This mandates that services must be performed with reasonable care and skill, and that Digital Content must be of satisfactory quality, fit for purpose, and match the description.

2. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013): This governs pre-contract information, cancellation rights (cooling-off period), particularly for distance contracts (online sales).

3. The Copyright, Designs and Patents Act 1988 (CDPA 1988): This establishes the automatic copyright ownership by the creator (the Photographer) and defines the accompanying Moral Rights.

 

2.0 Ordering, Fees, and Payment

 

2.1 Booking Confirmation and Contract Formation

A contract between the Photographer and the Client is deemed legally formed only upon the Photographer’s issuance of a written Booking Confirmation (typically via email). This confirmation is issued upon receipt of the Client’s order and, in most cases, the required non-refundable deposit. By proceeding with the booking and receiving the Confirmation, the Client irrevocably agrees to be bound by these Terms and Conditions. The terms within the Booking Confirmation, including the agreed scope of work and Fees, prevail over any inconsistent terms in the Client’s own documentation.

 

2.2 Pricing and Quotations

All prices provided for Services (Physical Services and Workshops) are provided initially as detailed quotations based on the scope defined at the time of inquiry. The final Fee is locked in upon issuance of the Booking Confirmation. For International Workshops, which may involve variable costs dependent on foreign exchange rates or local vendor pricing, the Photographer reserves the right to make reasonable adjustments to the final Fee if exceptional circumstances (e.g., significant currency fluctuation or unexpected local tax increases) occur before the date final payment is due. In such an instance, the Client will be promptly informed of the adjustment and given a reasonable opportunity to cancel the booking without penalty if the price increase is deemed substantial (exceeding 10% of the original quotation).

 

2.3 Deposit and Payment Schedules

To secure any date-specific Service or Workshop booking, a non-refundable deposit, specified in the quotation, is required. This deposit serves to cover initial administrative time, allocation of resources, and the financial cost associated with reserving the specific date, making it unavailable to other potential clients. The payment schedule for the remaining Fees will be set out explicitly in the Booking Confirmation. For Workshops, the final balance is typically due 90 days before the start date; for Physical Services, payment is often due within 7 days of delivery of the Licensed Images. The non-refundable nature of the deposit reflects genuine costs incurred upon booking and helps mitigate financial risk for the Photographer in the event of client cancellation.

 

2.4 Late Payment and Interest

Should the payment of any Fee not be received by the specified due date, the Photographer reserves the right to charge interest on the overdue amount. For contracts with other businesses (B2B), this interest will be charged at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998. For consumer contracts (B2C), contractual interest may be charged, provided the rate is fair and clearly communicated to the Consumer in advance, ensuring compliance with fairness provisions. Furthermore, non-payment may result in the immediate suspension of service, withdrawal of access to Digital Content, and crucially, revocation of any granted usage license for the Material (Section 3.2), constituting a material breach of contract.

 

3.0 Intellectual Property Rights (IP) and Licensing

 

3.1 Copyright Ownership (Photographer’s Retention)

In line with the Copyright, Designs and Patents Act 1988 (CDPA 1988), the Photographer (as the creator) retains the entire copyright and all other intellectual property rights in the Material (including photographs, video, and drone footage) created or supplied under this contract. Copyright protection is automatic in the UK from the moment the work is created, requiring no formal registration. The Client expressly acknowledges that payment for the Services grants them a specific, defined License to Use the Material, not the transfer of ownership of the copyright itself. Any complete assignment or transfer of copyright ownership must be mutually agreed upon in a separate, written legal instrument.

 

3.2 Grant of License: Client Usage Rights

The scope and limitations of the license granted to the Client are strictly defined by the nature of the service purchased (Commercial vs. Personal) and are contingent upon the full and timely payment of all agreed Fees. If the Client fails to make payment, the usage rights will automatically cease, and any subsequent use of the Material will be considered copyright infringement. Unless otherwise specified in the Booking Confirmation, the license is non-exclusive, meaning the Photographer retains the right to use and license the Material to other parties.

For Physical Services, such as Real Estate photography, the commercial risk management strategy necessitates that the license granted to the Client (e.g., an estate agent) is precisely defined and limited. Limiting the license to the specific property listing and setting a time constraint (e.g., 12 months) ensures the Photographer retains the commercial value of the underlying copyright, preventing the Client from transferring the images to subsequent agents or new owners without an additional licensing fee.

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The specific parameters of the usage rights are as follows:

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• Physical Services (Real Estate/Drone):

  • License Scope: Non-Exclusive, Limited Commercial License.

  • Duration & Territory: 12 months from delivery. UK/Agreed Region.

  • Attribution/Moral Rights: Attribution not required, but the Right of Integrity is asserted (no derogatory treatment/mutilation of Material).

  • Usage Restrictions: Use is restricted solely to the marketing and sale of the specified property by the original Client.

• Experience Services (Workshops):

  • License Scope: Personal, Non-Commercial License.

  • Duration & Territory: Perpetual. Worldwide.

  • Attribution/Moral Rights: Mandatory attribution/credit to the Photographer is required in all public displays (e.g., social media, competition entry).

  • Usage Restrictions: Use is strictly limited to personal portfolio, education, and non-monetised social sharing.

• Digital Products (Online Courses):

  • License Scope: Limited, Non-transferable Access License.

  • Duration & Territory: As specified (e.g., Lifetime Access) for one named user.

  • Attribution/Moral Rights: Not applicable.

  • Usage Restrictions: Strict prohibition on sharing, downloading, copying, or redistribution of course content.

 

3.3 Restrictions on Use and Editing (Client’s Obligations)

The Client is bound by strict prohibitions regarding the use of the Licensed Images. The Client shall not sell, sub-license, assign, or otherwise transfer the Material to any third party for their commercial benefit without the Photographer’s express written consent. Any intended usage outside the agreed scope (e.g., using residential property photos in an advertisement for the agent’s own services) requires negotiating a new license and payment of additional fees.

Furthermore, the protection of the artistic integrity of the work is paramount. While minor technical adjustments, such as necessary cropping or resizing for platform formatting, are generally permitted, any substantive editing, adaptation, or alteration of the Material by the Client is strictly prohibited without the prior written approval of the Photographer.

 

3.4 Moral Rights and Attribution (Photographer’s Right to Credit and Integrity)

The Photographer asserts their statutory Moral Rights granted under the CDPA 1988. These rights are distinct from economic copyright and include the fundamental Right to Attribution and the Right to Object to Derogatory Treatment.

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The Right of Integrity ensures that the Photographer can prevent the distortion, mutilation, or other modification of the Material in a way that is prejudicial to their artistic honour or professional reputation. This right is especially critical in commercial contexts, where clients may apply heavy filters or alter images poorly, potentially degrading the perceived quality of the Photographer’s work. Any prohibited alteration of the Material constitutes a material breach of these T&Cs and an infringement of the Photographer’s moral rights.

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For Material obtained through Workshops (Personal, Non-Commercial License), mandatory attribution/credit to the Photographer is required whenever the Material is displayed publicly (e.g., social media, portfolio, competition entries). For Commercial Services (Real Estate/Drone), specific credit requirements, if any, will be outlined in the Booking Confirmation, but the Right of Integrity always remains asserted.

 

3.5 Promotional Use by the Photographer

The Photographer reserves the perpetual, worldwide right to use any Material created during the provision of Services for their own business promotion, portfolio display, marketing materials, and competition entry. An important exception applies where photography is commissioned for strictly private and domestic purposes (e.g., private residential or personal commissions). In such cases, the Client has a specific statutory right to privacy regarding those images, and the Photographer will not publish or exhibit the Material without the Client’s explicit written permission.

 

4.0 Specific Terms: Physical Services (Real Estate and Drone Photography)

 

4.1 Scope of Service and Deliverables

The Physical Services provided, whether on-site interior photography or external drone operations, constitute a service contract under the CRA 2015. Consequently, the Services must be carried out with reasonable care and skill. The agreed scope of work, including the number of images or length of video footage, will be specified in the quotation. Deliverables consist of high-resolution digital files (photographs and/or video footage). If any physical goods (e.g., prints) are supplied, they must also conform to statutory requirements, being of satisfactory quality, fit for the stated purpose, and matching the description provided.

 

4.2 Client Responsibilities (Preparation, Access, Site Safety)

Timely completion of Physical Services is highly dependent on Client cooperation. The Client is fully responsible for ensuring the property or site is prepared, clean, staged, and accessible before the agreed appointment time. This includes securing pets, removing personal items not intended for display, and ensuring all utility access (if required for drone operations or interior lighting) is functional. If the Photographer arrives at the agreed time and the assignment cannot be completed or is substantially delayed due to the Client’s failure to prepare the site or provide adequate and timely access, the Photographer is entitled to invoke the applicable cancellation or non-completion fees outlined in Section 7.3.

 

4.3 Weather and Environmental Conditions (Drone and Outdoor Shoots)

Drone photography and video services are inherently dependent on safe weather conditions and strict adherence to Civil Aviation Authority (CAA) regulations and relevant aviation law. The Photographer holds sole discretion in determining whether conditions (e.g., high winds, heavy precipitation, or poor visibility) are safe and legal for flight operations. If the Photographer cancels the shoot due to safety or legal compliance concerns, the Client will be offered the first available rescheduling date at no penalty.

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A crucial distinction is drawn if the Client requests cancellation or postponement based purely on aesthetic preference (e.g., waiting for “a sunnier day” when conditions are safe but overcast). In such circumstances, the cancellation or rescheduling request is treated as a Client-initiated change, and the standard rescheduling fees (Section 7.3) apply, as the Photographer has incurred travel time and lost the ability to book another client during the reserved slot. This policy establishes a clear boundary: risk related to operational safety remains with the Photographer; aesthetic risk preferred by the Client, resulting in a delay, carries a justifiable cost.

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5.0 Specific Terms: Experience-Based Services (International Workshops)

 

5.1 Workshop Inclusions and Exclusions

The Workshop Fee covers the specific elements outlined in the booking confirmation, which typically include expert photographic tuition, artistic guidance services, and specified ground transportation within the agreed-upon itinerary. Accommodation and scheduled meals are included only if explicitly listed. To manage liability and expectations clearly, the Client is made explicitly aware that they are solely responsible for all personal travel costs, including international flights, visa acquisition, mandatory travel insurance (which must cover cancellation, medical emergencies, and repatriation), and any personal expenditures not explicitly listed in the itinerary.

 

5.2 Client Responsibility for Travel and Documentation

The Client bears the sole responsibility for obtaining all necessary travel documents, including valid passports, visas, and health documentation, and for ensuring their compliance with the entry and exit requirements of the destination country (Tuscany/Venice, Italy). Failure to secure these necessary travel documents in time, leading to the Client’s inability to attend the Workshop, does not qualify as a Force Majeure Event or an exceptional circumstance warranting a full refund; the standard cancellation policies in Section 7.3 apply. This ensures the business is not held liable for administrative failures on the part of the Client.

 

5.3 Amendments to the Workshop Itinerary

The Photographer reserves the right to make reasonable and necessary amendments to the published Workshop itinerary, which may include changes to scheduled accommodations, specific daily shooting locations, or travel arrangements, particularly due to unforeseen local circumstances (e.g., adverse weather, sudden site closures, or local regulations). The Photographer undertakes to use reasonable endeavours to provide an alternative service of equivalent quality. Should a significant disruption occur due to events beyond control, the provisions of the Force Majeure clause (Section 8.4) will apply, which is a critical mechanism for risk management in international operations.

 

5.4 Note on Package Travel Regulations 2018 (PTRs)

It is crucial for risk mitigation that the nature of the Workshop service is accurately defined. The Workshop is marketed and sold primarily as an Educational Service (professional tuition, instruction, and guided learning). It is asserted that the provision of this service does not constitute a “Package” or “Linked Travel Arrangement” under the Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs).

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The PTRs typically apply when two or more significant travel elements (transport, accommodation, vehicle hire, or other significant tourist services) are combined. The inclusion of accommodation or minor local transfers within the Workshop Fee is explicitly deemed ancillary to the primary educational service. It does not represent a significant proportion of the combined value, nor is it advertised as an essential feature of a holiday. By maintaining this classification as an educational or business service, the Photographer avoids the extensive liability mandated by the PTRs, which would otherwise hold the Photographer fully liable for the non-performance of all third-party suppliers (e.g., airlines, independent hotels). The Client explicitly acknowledges that, by booking this Workshop, they understand the Photographer is acting solely as the provider of the educational content and is not an organiser under the PTRs, underlining the necessity for the Client to secure comprehensive travel insurance.

 

6.0 Specific Terms: Digital Products (Online Courses)

 

6.1 Supply of Digital Content

Digital Content, such as online courses, is supplied to the Client on a non-tangible medium, typically through access granted to a password-protected members’ portal or via a download link. The supply of the Digital Content is deemed to begin immediately upon the Client initiating access to the course platform or commencing the download of any part of the materials. Access is granted solely to the named purchaser for the duration stipulated (e.g., “lifetime access” or 12 months) and is subject to the conditions of the non-transferable access license (Section 3.2).

 

6.2 Quality and Fitness for Purpose

As mandated by the CRA 2015, the Digital Content must be of satisfactory quality, fit for any stated purpose made known to the Client. It must accurately match the description provided at the point of sale. If the Digital Content is found to be faulty, the Client is entitled to statutory remedies. The Photographer’s primary response will be to offer a repair or replacement of the faulty content. Only if repair or replacement is impossible or fails to remedy the fault within a reasonable time may the Client be entitled to a price reduction or a partial refund. This staged approach ensures the Photographer controls the resolution process and avoids automatic full refunds.

 

6.3 Technical Requirements and Access Duration

The Client must acknowledge that accessing the Digital Content requires specific technical capabilities, including compatible operating systems, necessary software, and adequate internet connectivity. The Photographer is not liable for issues related to the Client’s hardware, network failure, or technical limitations that prevent access to the course, provided the content itself meets the required quality standards.

 

6.4 Explicit Waiver of Cancellation Right (Consumer Consent)

The CCR 2013 generally grants consumers a 14-day cancellation (cooling-off) period for distance contracts, including Digital Content. However, to protect the commercial viability of immediately accessible online courses, the Photographer reserves the right to eliminate the cooling-off period if the consumer consents to immediate supply.

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For the contract to proceed with immediate supply and thus waive the 14-day cancellation right, the Photographer must secure two specific requirements from the Client at the point of purchase:

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1. The Client must give their prior express consent to the immediate commencement of the supply of the Digital Content before the end of the 14-day cancellation period.

2. The Client must simultaneously acknowledge that by granting this consent and starting the access/download, they irrevocably lose their right to cancel the contract and receive a refund under the CCR 2013.

 

This requires strict adherence to operational compliance, typically achieved via a mandatory, unticked tick-box presented immediately before the “Pay Now” button. If the Photographer fails to obtain both explicit consent and acknowledgement, the Client retains the right to cancel during the 14-day period and is not liable for the cost of the content supplied during that time.

 

7.0 Cancellation, Termination, and Refunds

 

7.1 General Right of Cancellation (CCR 2013)

For Services and Digital Content purchased online or away from the Photographer’s premises (distance contracts), the Consumer is typically entitled to a statutory 14-day cooling-off period starting the day after the contract is concluded. This period allows the Consumer to cancel for any reason and receive a refund. This right does not apply to services related to leisure activities booked for specific dates.

 

7.2 Loss of Cancellation Right

The right to cancel is lost under the following conditions:

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• Digital Content: As detailed in Section 6.4, the right is lost upon commencement of access or download, provided the Client gave explicit consent and acknowledgement of this loss at the time of purchase.

• Services: If the Client explicitly requests that the Photographer commence the provision of Physical Services (e.g., attending the property for the shoot) during the 14-day cooling-off period and subsequently cancels, they must pay for the portion of the service delivered up to the point of cancellation.

 

7.3 Detailed Cancellation Policy Matrix

The cancellation fees outlined below are calculated as genuine pre-estimates of the losses (liquidated damages) incurred by the Photographer due to committed resource allocation, administrative effort, and lost opportunity to book alternative revenue-generating assignments. These fees are reasonable and necessary to cover fixed business costs.

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Detailed Service Cancellation and Refund Policy

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• Digital Products (Online Course):

  • Before supply commences (within 14 days of purchase): Full Refund (based on CCR 2013 mandatory cooling-off period).

  • After supply commences (immediate access/download): No Refund (right lost upon explicit consent and acknowledgement per CCR Reg. 37).

• Physical Services (Real Estate/Drone):

  • More than 7 working days notice: 100% refund of Fees paid, less Non-Refundable Booking Fee/Deposit. This allows time for reallocation of resources.

  • 2 to 7 working days’ notice: 50% of the agreed Fee + incurred third-party expenses. This compensates for the specific lost booking time.

  • Less than 48 hours’ notice or Photographer arrival and non-completion (Client fault): 100% of the agreed Fee + incurred expenses. This is full compensation for the lost day rate and associated costs.

• Workshop (International):

  • More than 120 days before start date: Full refund, less Non-Refundable Deposit (NRD) + 10% Admin Fee. The NRD covers international planning and initial booking.

  • 90 to 119 days before start date: 50% refund, less NRD and documented non-recoverable costs (e.g., pre-paid accommodation deposits). The high charge is due to the difficulty in refilling high-value international space.

  • Less than 90 days before start date: No Refund. This covers the total loss incurred for fixed costs (venue, staff, specialist services).

 

7.4 Termination by the Photographer

The Photographer reserves the right to terminate the contract immediately upon written notice if the Client fails to pay any amount due by the specified date, or if the Client commits a material breach of these T&Cs (e.g., unauthorised commercial use of Licensed Images). In the unlikely event that the Photographer must cancel a Service or Workshop for reasons other than a Force Majeure Event, the Client will receive a full refund of all amounts paid, including any deposit. The Photographer’s liability for such non-Force Majeure cancellation shall be strictly limited to the refund of monies paid, and the Photographer shall not be liable for any claims of consequential loss, such as lost flight costs incurred by the Client.

 

8.0 Liability and Indemnity

 

8.1 Limitation of Liability (Statutory Exclusions)

The Photographer adheres strictly to UK law regarding liability exclusions. Nothing in these T&Cs shall operate to limit or exclude the Photographer’s liability for:

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1. Death or personal injury caused by the Photographer’s negligence.

2. Fraud or fraudulent misrepresentation.

3. Any breach of the statutory rights implied by the CRA 2015 regarding the satisfactory quality, fitness for purpose, or description of the goods, services, or digital content.

 

Any attempt to limit liability in these mandated areas is legally void and unenforceable under UK statute.

 

8.2 Maximum Aggregate Liability (Contractual Cap)

Subject to the mandatory exclusions in Section 8.1, the Photographer’s total aggregate financial liability to the Client (whether arising in contract, tort, including negligence, breach of statutory duty, or otherwise) for any loss or damage connected with this contract shall be strictly limited to the total Fee paid by the Client for the specific Service or Digital Content to which the liability relates.

The Photographer shall not be liable for indirect, special, or consequential losses, including, but not limited to, loss of profit, loss of business, or loss of revenue, provided this exclusion is clearly presented and does not function to deprive the Consumer of reasonable compensation for direct losses. By explicitly tying the financial cap to the cost of the services rendered, the Photographer ensures their exposure is commercially reasonable and manageable, aligning potential losses with the transactional value.

 

8.3 Client Indemnity

The Client agrees to fully indemnify and hold harmless the Photographer against all liabilities, costs, expenses, damages, and losses (including professional legal fees) incurred by the Photographer arising directly or indirectly out of or in connection with the Client’s material breach of these T&Cs, particularly regarding the unauthorised use of Licensed Material that infringes upon the Photographer’s intellectual property rights or the rights of any third parties featured in the Material.

 

8.4 Force Majeure Event

A “Force Majeure Event” refers to any event outside a party’s reasonable control, which could not have been foreseen or provided against. This includes, without limitation, acts of God, war, terrorism, national emergencies, government or regulatory actions (specifically including mandated travel restrictions, quarantine measures, or border closures), labour disputes, fires, floods, extreme adverse weather conditions that make travel or service performance impossible, or widespread pandemics.

If the Photographer’s ability to perform a Service or Workshop is prevented or substantially delayed by a Force Majeure Event lasting more than sixty days, either party may terminate the contract by written notice. If termination occurs, the Photographer will refund the Client all Fees paid, minus any documented, non-recoverable costs (such as pre-paid, non-refundable venue deposits, accommodation charges, or required permits) incurred prior to the Force Majeure Event. In no circumstance shall the Photographer be liable for any additional costs, losses, or compensation due to termination under this clause. Furthermore, the robust recommendation for the Client to secure comprehensive travel insurance (Section 5.2) serves to transfer this specific risk (e.g., flight cancellation, health issues) away from the Photographer’s operational liability.

 

9.0 Data Protection and Confidentiality

 

9.1 Compliance with UK GDPR and DPA 2018

The Photographer confirms their commitment to complying with all applicable UK data protection legislation, including the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018). Personal data collected from the Client (including booking details, contact information, and payment records) will be processed solely for the purposes of fulfilling this contract, maintaining the client relationship, and for marketing activities only where explicit consent has been secured. Details regarding how data is collected, stored, protected, and used are fully outlined in a separate Privacy Policy, which is available on the Photographer’s website and forms an integral part of this contract.

 

10.0 Governing Law and Dispute Resolution

 

10.1 Governing Law

This Agreement, along with any non-contractual disputes or claims arising out of or in connection with its subject matter or formation, shall be governed by and interpreted strictly in accordance with the laws of the United Kingdom.

 

10.2 Jurisdiction

The Parties to this Agreement irrevocably agree that the courts of England and Wales or Scotland (whichever is the appropriate jurisdiction based on the location of the Photographer and the context of the service delivery) shall have exclusive jurisdiction to hear and settle any dispute or claim (including non-contractual disputes or claims) arising under or in connection with this Agreement or its subject matter. Electing exclusive jurisdiction provides maximum legal certainty for the small business, streamlining the process for resolving any disagreements.

 

10.3 Alternative Dispute Resolution (ADR)

In the event a dispute arises between the Photographer and the Client, the parties agree to seek resolution in good faith by first escalating the matter internally to senior management for negotiation. If this negotiation fails to resolve the matter within 30 days, the parties shall consider engaging in binding or non-binding mediation or other forms of Alternative Dispute Resolution (ADR) before commencing formal litigation. This provision aims to provide a less costly and more timely path to resolution, though it does not prejudice the Client’s statutory right to bring a claim where mediation is unsuitable or unsuccessful.

 

11.0 Miscellaneous Provisions

 

11.1 Severance

If any provision or part-provision of these T&Cs is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these T&Cs.

 

11.2 Entire Agreement

These Terms and Conditions, together with the specific details in the Booking Confirmation, constitute the entire agreement between the parties and supersede all prior agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to their subject matter.

 

11.3 Waiver

A waiver of any right or remedy under these T&Cs or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these T&Cs or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

11.4 Third Party Rights (Exclusion)

Unless it expressly states otherwise, this contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract. The rights of the parties to rescind or vary this contract are not subject to the consent of any other person.