Terms & Conditions
In the following Terms and Conditions:
“Business” shall mean JLawrence Photography “Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the wedding day or event; “Photographer(s)” shall mean JLawrence Photography
“Products” shall mean any discs, albums or other items listed in the quotation;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification 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 these Terms & Conditions.
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. The booking fee is 50% of the total price quoted. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
All payments must be received in cleared funds prior to the Event. The remaining balance is due 30 days prior to the event.
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. Payments should be made by Bank Transfer (BACS) to JLawrence Photography. Cleared funds must be received 30 days before the event. Credit card payments may be accepted on request, however additional credit card fees may apply. No photographs or albums 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(s) 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(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) 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 alterations made to these terms by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By entering this contract you consent to the use of such images. Images will be placed in public galleries and the Clients hereby allow the Photographer(s) to resell any image to any third party.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) 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 specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
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 the responsibility of the Client(s).
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, JLawrence Photography 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.
Limitation of Liability
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.
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(s) attend an Event to perform the Services and any of the Parties fail to attend.
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs 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 (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums:
Notice received 365 days prior to the wedding date or more: Booking Fee only.
Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable.
Notice received of 182 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being the full quoted amount and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
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.
What type of information do we collect?
Below, we list the types of personal data that we hold, the reasons for holding such data and the legal bases that these fall under
(a) the general categories of personal data that we may process are: your Company name; job title contact details including your telephone number and email address; demographic information such as postcode, preferences and interests excluding special category data.
(b) We will not collect any information about individuals under the age of 16. By providing consent you are providing confirmation that you are aged 16 or older.
(c) We may sometimes share your data with third-party providers, in the course of obtaining licences and services. We will always obtain consent via email before we share this information with these third parties. Sharing this information may be necessary to carrying out the services agreed upon (please see information relating to consent and legitimate interest below). These third-parties include, but are not limited to software providers, business services and companies that provide sub-contractor business and IT support services.
(d) the purposes for which we may process personal data include:
Establishing contracts to initiate services
Internal record keeping for the purposes of invoicing
Sending you information we think you may find interesting using the email address which you have provided
(e) the legal bases of the processing are outlined below:
By providing positive consent via our opt-in box we will store your details on our mailing lists.
send a maximum of 2 marketing emails per month
send information that we feel is relevant and appropriate
not sell, distribute or lease your personal information to third parties unless we are required by law to do so, or we have obtained specific permission via email as outlined above to do so
provide a link on all email marketing to allow you to unsubscribe from all email marketing
respect your right to erasure
use the information to improve our products and services.
use your information to contact you for market research purposes. We may contact you by email, phone.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How do we store, use, share and disclose personal information?
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
Controlling your personal information
You may request details of personal information which we hold about you under the General Data Protection Regulation. If you would like a copy of the information held on you please contact us.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible. We will promptly correct any information found to be incorrect.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We process personal information for certain legitimate business purposes, which include some or all of the following:
Where the processing enables us to enhance, modify, personalise or otherwise improve our services/ communications for the benefits of our customers
To identify and prevent fraud
To enhance the security of our network and information systems
What does legitimate interest mean?
Under Article 6(1)(f) of the GDPR, Legitimate Interest refers to:
“(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”
Please refer to the ICO website for more information on Legitimate Interest.
When we process your personal information for our legitimate interests, we consider and balance any potential impact on you and your rights under data protection laws. Our legitimate business interests do not automatically override your interests. We will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise permitted or required by law).
We endeavour to only send you a maximum of two emails a month based on the above legitimate business purposes. This is to ensure we are only providing you with necessary and valuable information that we believe will help your business.
You have the right to object to receiving this information at any time. If you no longer wish to receive this information, please contact us to unsubscribe.
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JLawrence Photography is committed to safeguarding the privacy of our website users and service users. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
JLawrence Photography may make changes to this policy from time to time. We will communicate these updates to you as part of our communications.
We are acting as a data controller with respect to the personal data of our website visitors and service users. This means that we are responsible for determining the purposes and means of the processing of that personal data.