The term ASCOTTPHOTO 'us', 'our' or 'we' refers to the owners of the website whose registered office is at Crossfield, Hutton, Preston, Lancashire, PR4 5HH. The term 'Client' refers to the user or viewer of our website.
The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by you and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
Save as otherwise agreed between the Client and ASCOTTPHOTO, we shall be entitled to use our judgement regarding the style and artistic input in the production of pictures. This includes, but is not limited, to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client's full expectations. The Client is responsible for their children at all sessions and at all times.
We fully edits all images before presenting them to the Client. Additional edits are carried out at the discretion of ASCOTTPHOTO, and we reserve the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by Client, in writing, at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
COOLING OFF PERIOD
In line with the Information, Cancellation and Additional Charges Regulations 2013, Clients need to be aware that due to the supply of the photographic prints being made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period. By placing an order with ASCOTTPHOTO you are committing to buy the ordered products.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of ASCOTTPHOTO in writing.
FULFILLMENT OF OBLIGATIONS
ASCOTTPHOTO shall not be liable to you the Client for any failure, in whole or in part, to fulfil our obligations where failure arises as a result of an event or circumstances beyond our control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
The client understands and accepts that the photographic coverage will be as ASCOTTPHOTO’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client's wishes.
In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
Whilst ASCOTTPHOTO has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
Images sizes are nominal.
LIABILITY AND INDEMNITY
ASCOTTPHOTO take every care in carrying out your portrait photography but we will not be liable for any loss or damage that you or any third party suffers as a result of using pictures we take.
The Client must satisfy themselves that they have all necessary rights, model releases or consents which may be required for reproduction. The Client indemnifies us against any loss as a result of failing to obtain any such release or consent.
ASCOTTPHOTO will take great care to prevent the loss of, or damage to the Client's images. Digital images are backed up to separate storage media. Although extremely unlikely, the possibility of images being lost, stolen or destroyed by reasons beyond our control does still remain. In these circumstances our liability is limited to the return of fees paid for the service.
PAYMENTS AND FEEs
Booking fees taken are non refundable or transferable except in the event that ASCOTTPHOTO cancels the booking through circumstances beyond our control. No photographs will be delivered until all payments due have been paid in full.
Although ASCOTTPHOTO will do their best to produce around 20 images for the preview this is no guarantee.
All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
All images produced by ASCOTTPHOTO are produced on fully calibrated monitors, and all prints will be a true reflection of the editing carried out by ASCOTTPHOTO. ASCOTTPHOTO will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. Although we use quality products throughout the process the colour dyes used in photography may fade or discolour overtime due to the inherent qualities of the dyes. The Client releases ASCOTTPHOTO from any liability for any claims based upon inherent dye qualities. All photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. ASCOTTPHOTO cannot therefore accept any responsibility for this gradual image deterioration.
RECEIPT OF PICTURES
It is the responsibility of ASCOTTPHOTO to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us in writing within 14 days of receipt.
USE OF PICTURES
ASCOTTPHOTO retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
IMAGES ARE KEPT FOR A SIX MONTH PERIOD AT THE DISCRETION OF ASCOTTPHOTO.