Terms and Conditions ("Terms")
Last updated: (03.12.18)
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website https://www.lizzybiggs.co.uk or https://lizzybiggsphotography.shootproof.com operated by Lizzy Biggs Photography and subsidiary brands LBP Commercial, Truly Mine Bumps and Babies, and Lizzy Biggs Education (“LBP” "us", "we", “the Photographer” or "our").
Your (relating to you and any parties/company you may represent or be working on behalf of “you” “client” “your”) access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
1. Terminology
"Assignment" - means a piece of work to be undertaken by the Photographer under the terms of the signed agreement which fully describes the terms and scope.
“Confidential Information” - means all information about the parties, including: information created or arising from their agreement; information, comment or implication published on any Internet social medium.
“Event”, “Photoshoot Event”, “Photoshoot” - means the agreed date and subject which LBP will photograph for you as detailed in your agreement.
“Fee” - means all money payable by the Client to the Photographer, however described, for work on the Assignment.
“Images” - means video or single photographic images taken by the Photographer and recorded in any medium.
“Model Right” - means any right of a person to the privacy of their personal image or other feature by which they could be identified. It also means a similar right in respect of any building or thing owned by any person.
2. Purchases
2.1. If you wish to purchase any product or service made available through the Service Provider ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, contact details, payment details, and other information relevant to performance of a contract between you and us for a photoshoot and/or sale of photographic products.
2.2. All purchases are subject to a deposit or full payment as listed under the Bookings and Payments section, and may be subject to an updated contract, cancellation and/or rebooking fee as detailed under the Cancellations and Changes section.
3. Bookings and Payments
3.1. To enter a contract between you and us and create a booking, terms and conditions must first be accepted and a deposit must be received, which shall be taken as your acceptance of all terms and conditions. Upon receipt of the deposit your photoshoot date will become a booking and be officially added to LBP’s bookings diary.
3.2. The deposit is non-refundable provided the Client does not make a significant change to the Photoshoot event. If LBP fails to perform our obligations under our client/photographer agreement, we will refund your Deposit in full.
3.3. The balance of all payments must be received before or on the day of the photoshoot, and any additional items or services must be paid for in full before services are rendered or goods are created/printed/made and sent. LBP reserves the right to refuse goods and services until payment is made in full unless we give written authorisation of a later payment date.
3.4. LBP also reserves the right to charge the Client interest in respect to the late payment of any money due under our Client/Photographer agreement at the rate of 5 per cent above the base rate from time to time of the Bank of England from the due date until receipt of payment.
4. Cancellations and Changes
4.1. Cancellation Policy
4.1.1. Photoshoot cancellations (for consumers after the 14-day cancellation period – see below) with less than 7 days’ notice may be subject to a £70 cancellation and/or a rebooking fee. Photoshoot cancellations and rebooking’s giving more than 7 days’ notice will incur no additional fees in the first instance but may be subject to a £70 cancellation and/or a rebooking fee in the second and further instances.
4.1.2. Product cancellations: After purchase confirmation and payment may be sent to the lab instantly, so please do not confirm your order and pay until you have checked your order is correct. Unfortunately, all products due to their personalised nature are non-refundable once the order has been placed with the lab. If your order is yet to be sent, then we will be able to process a full-refund (subject to a cancellation fee calculable based upon work already done).
4.2. Weather and Cancellations
4.2.1. LBP has the right to cancel an outdoor photoshoot at any point and offer an alternative date/s when they decide using their professional judgement that the weather will adversely affect the photographs.
4.2.2. Should you decide that you do not wish to go ahead with the photoshoot on the grounds of weather when LBP deems it still suitable conditions, you will lose your deposit, and re-booking for a different shoot date will incur a £50 re-booking fee but the deposit will be waived.
4.3. Illness, Injury, Unforeseen Events and Cancellations
4.3.1. If you are ill, injured, or it is deemed that an unpredictable life event (such as the sickness/injury of a dependant, redundancy, major event effecting your house or place of work such as a fire/flood, or death of a family member or close family friend) occurs then LBP may choose to waive your cancellation fee and rebooking costs.
4.3.2. LBP has the right to cancel a photoshoot and offer an alternative date
4.4. Consumers Right to Cancellation:
4.4.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, you have the right to cancel your contract within 14 days of making it (agreeing to the terms by signing it and receiving our written agreement to provide the services you want – whether or not you have paid any money to us at that time is neither relevant to the start of the contract nor your right to cancel), without giving any reason.
4.4.2. To exercise your right to cancel, you must tell us you want to cancel during the 14 day period, by telling us in a clear statement, sent to us by post or email (as detailed in your agreement). We will stop any work and issue a full refund. To contact with any questions before confirming in written form you wish to cancel any work or services, you can call 07878 437843.
4.4.3. This means that LBP shall not be able to conduct any work during the 14 days after the contract is made. If you wish us to start work (photoshoot or services) sooner, you must specifically instruct us in writing (letter or email) of the date wish work to start on (before the 14-day cooling off period ends), and thus choose to opt out of your right to cancel.
4.4.4. In the case you either:
a. cancel after the 14-day period
b. cancel before the 14-day period is over but opted out of your cancellation right by instructing us to start work during the 14-day period
we will stop work immediately, and you will be liable to pay us for work done, including work which we may not by then have presented to you or made you aware. We shall send you an invoice detailing that work.
4.5. Changes
4.5.1. In the event that the Photoshoot event is cancelled, delayed or the Client (you) make a significant change to the venue, date or activities then LBP will try to perform our obligations under the same terms as set out in our agreement. However, if it does happen, then LBP will not be bound and may refuse to provide services under changed circumstances and will refund all project fees inclusive of the deposit, subject to a notification period of 14 days or more.
4.5.2. Where significant changes to the venue, date or activities mean LBP cannot perform our obligations under the same terms as agreed, we may choose to offer a new quote and contract or additional work with an additional cost attached. You will need to agree and sign and then receive written confirmation from LBP that we will provide the services you want before the new contract replaces the previously invalidated contract. If you choose not to take the new agreement we offer, then we will still not be bound and may refuse to provide services under change circumstances and 3.5.1 will apply.
4.5.3. LBP shall not be liable for any delays in meeting any of our obligations which were due to causes beyond reasonable control, including but not limited to; [postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, power cuts, internet outages, loss or damage in transit. We will use reasonable endeavours to meet agreed deadlines where applicable.
5. Content
5.1. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for adhering to our Content policy and may not replicate any Content without prior written consent from LBP or purchasing the relevant license.
5.2. Image Rights and Licensing
5.2.1. The Photographer owns all right, title and interest in and to the Images and you have no right to use any of them outside the express terms of this agreement or subsequent contract purchasing the relevant license, either: a personal irrevocable, non-transferable and non-sub-licensable, or, a specific license for marketing and promotional purposes as detailed in the purchase agreement. The license will arise only after you have paid LBP the money due under your contract.
5.2.2. LBP reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.
5.3. Model Rights
5.3.1. In contracting LBP, you grant all your Model Rights to them to enable them to carry out the Assignment.
5.3.2. In addition, you warrant that you have obtained all Model Rights necessary to enable LBP to carry out the Assignment and now agree to indemnify LBP and subsidiaries against any cost or claim by any person arising out of photography of any person or thing at the Event.
5.3.3. You agree that LBP may use your Model Rights in the form of Images taken while on assignment:
5.3.3.1. To market our photographic business
5.3.3.2. For sale of a licence to a third party for commercial use of the images
5.3.3.3. For sale of a licence to any bona fide publisher of related material
6. Links To Other Web Sites
6.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Lizzy Biggs Photography.
6.2. Lizzy Biggs Photography has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Lizzy Biggs Photography shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
7. Privacy
7.1. We always strive to work in the benefit of our clients and LBP so that we might be able to continue to run a successful business offering you these services. As such we wish to uphold your rights and specifically protect your right to privacy. For full information please see our privacy policy and cookies information page – the link is available at the bottom of every page.
8. Confidentiality
8.1. LBP and you are aware that in the course of the performance of the Assignment they will each have access to and be entrusted with Confidential Information of the other. Accordingly, they undertake in respect of Confidential Information of the other of them, that both during and after completion of the Assignment, they will:
8.1.1. except as provided in this agreement, not divulge to any person whatever, or otherwise make use of (and will use his best endeavours to prevent the publication or disclosure of) any Confidential Information;
8.1.2. not use the Confidential Information in any way for himself or any other person, except in a way that is authorised by this agreement or by the proper authority of the other of them;
8.1.3. not publish Confidential Information on any social medium.
9. Warranties for authority
9.1. Each of the parties warrants that they have power to enter into their agreement and have obtained all necessary approvals to do so.
9.2. LBP warrant and undertake that they are not aware of anything within their reasonable control which might or will adversely affect their ability to fulfil obligations under their agreement.
10. Contracts
10.1. LBP agrees to provide the services to complete the assignment for the fees as set out in the agreement
10.2. LBP is alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.
10.3. LBP is not registered for VAT.
10.4. The Client agrees to provide accurate, timely and complete information and fully cooperate with LBP to enable them to perform their part of the contract.
10.5. Nothing in the agreement shall prevent LBP from entering into a similar agreement with any other person provided that the date of providing services on any other agreement does not overlap with the agreed time and date of your assignment.
11. Changes to Terms
11.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12. Jurisdiction
12.1. The validity, construction and performance of these terms and conditions, and all agreements (contractual or otherwise) shall be governed by the laws of England and Wales and the parties agree that any dispute arising from it shall be litigated only in that country and jurisdiction.
13. Contact Us
13.1. If you have any questions about these Terms, please contact us by emailing lizzy@lizzybiggs.co.uk