Terms and conditions
It is agreed that the following Terms set out the total agreement made between Us and You and that no variation or modification of these Terms shall be effective unless agreed by both parties in writing.
In these Terms the following definitions shall apply:
"Us/We/Our" refers to Moondance Photography Ltd (trading as Echoes Portrait Photography) a company registered in England and Wales number 13761367 with its registered office at Wohl Enterprise Hub, 2b Redbourne Avenue, London N3 2BS. We may use trading names and for the avoidance of doubt these Terms will apply when these trading names are used.
"You/Your/Yours" shall refer to the customer who books and pays for a Photoshoot and/or orders and pays for Final Products.
"Images" refers to all digital photographs taken of You by Us.
"Photoshoot" refers to a session at which We take Images of You in a studio or other location.
"Final Products" refers to any printed (physical) or digital copy of the Images delivered to You.
"Editing" means the digital manipulation of Images to improve their appearance and quality.
"Terms" refers to these Terms and Conditions and other documents directly referred to herein.
In these Terms reference to the singular shall include the plural and vice versa. The headings used in these Terms are for ease of reference and have no bearing on the meaning.
Copyright
The worldwide copyright of all Images remains with Us. The Images are for personal use by You and sale, publication, entry to awards or any commercial use of the Images is not allowed without Our prior written permission.
You hereby allow Us to display Images in websites, social media, advertising, brochures, press articles, sample albums and other media.
We are responsible for the creative composition of the Images but will consider Your reasonable requests and preferences.
Bookings and Payments
Photoshoots, Final Products, additional Editing outside that is already included, and any other services are payable at the time of booking or purchase. We cannot accept cash or cheques as payment.
A booking is considered confirmed as from the date of payment.
No travel expenses are charged for Photoshoots within Greater London (meaning inside the M25 orbital motorway). We will charge You for any mileage outside Greater London at 45p per mile. If the Photoshoot is on location any necessary extra costs, for example, parking and congestion charges, will be charged to You at cost.
Delivery of Images
All Images will be Edited before delivery to You. One set of further Edits to the Images is included in the booking and Our judgement of the suitability of the images after these amendments will be deemed correct. Any subsequent Editing is available at a charge of £10 per image.
We will deliver Images to You via a secure online gallery as soon as reasonably practical. We will make reasonable efforts to accommodate urgent turnaround requests but cannot guarantee to meet these and may charge for such requests. We won't make such a charge without your prior agreement and any such charge must be paid in full in advance.
Unless expressly agreed in writing You shall not be entitled to reject images based on style or composition. RAW image files remain Our property and will not be supplied to You.
Delivery of Final Products
Physical Final Products such as prints and frames will be delivered directly from a third-party provider. We will make all reasonable efforts to meet delivery targets but cannot guarantee these in the event of circumstances beyond our control, for example, delays by parcel delivery firms.
Cancellations and Refunds
For Photoshoots, we will refund all booking fees if you cancel more than five calendar days before the date. If you cancel within less than five days of the date, we will refund your booking fee minus a non-refundable deposit of £50.
If you cancel within five days of your Photoshoot but rearrange another date then the booking fee (minus any applicable non-refundable element) will be transferred to the new booking. The same Terms will apply to any new booking as to the original booking.
You have thirty days to return physical Final Products, for example prints and frames, for a full refund if for any reason You are not happy, provided they are undamaged and in the original packaging. You will cover the cost of return postage.
Your statutory rights are not affected.
Liability and Warranty
We will take all reasonable steps to ensure equipment is in good working order, backup equipment is available where appropriate and that backup images are stored in a reasonably secure manner. In the unlikely event of equipment or Image loss, damage or failure, or of Our cancellation of a Photoshoot, Our liability to You shall be limited to the total value of the booking. We shall not be liable for indirect or consequential loss.
We cannot be held liable for the total or partial failure of the performance of Our duties and obligations in these Terms resulting from a force majeure event including an act of God, fire, severe weather, partial or total power failure, shortage of materials, war, disease outbreak, legislation, government action, civil commotion, insurrection, embargo, strike, lockout, industrial dispute, or any other event beyond Our reasonable control.
You warrant that you have the legal right to make a booking and accept these Terms.
Data Protection
Acceptance of these Terms means acceptance of our Privacy Policy which is available on our website or request.
Variation
We reserve the right to change these Terms without notice.
Applicable Law
These Terms shall be subject to and construed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.