1. DEFINITIONS
a) ‘f8cus Photography’ means f8cus Photography Limited, situated at 28 Kinross Road, Leamington Spa, Warwickshire, CV32 7EF.
b) ‘Client’ means the person or organization booking a photographic session or any services from f8cus photography.
c) ‘Booking Fee’ means the fee paid in advance to book a Photographic Session.
d) ‘Photographic Session’ means the provision of studio space and the services of a photographer.
e) ‘Subject’ means the person, animal or objects to be photographed.
f) ‘Basic Image Editing’ means the procedure of improving the image by amending brightness, contrast and overall levels, colour correction/enhancement and the removal of unwanted dust marks and artefacts generated by the camera’s lens or electronic sensor.
g) ‘Client Order Sheet’ means a sheet detailing the print numbers and sizes, frame types and prices from f8cus Photography current price list and any additional notes regarding editing, as agreed with the Client.
2. DATA PROTECTION AND PRIVACY POLICY
2.1 In order to process any transaction with our Clients, f8cus photography need to record some personal data. This data will be used by f8cus Photography to process the Client’s current transaction as well as advising them of future products and/or services and any relevant special promotions.
2.2 f8cus Photography will not sell personal data on to third parties.
2.3 f8cus Photography is registered with the Information Commissioner’s Office and is governed by the Data protection Act 1998. Clients have the right to access all their personal data held by f8cus photography subject to an advance payment of an administration fee of £10.00.
3. BOOKING A PHOTOGRAPHY SESSION
3.1 f8cus Photography operates a refundable fee booking system for Photographic Sessions. The payment of a booking fee of £35.00 will secure studio space and the services of a f8cus photography photographer at an agreed time and date.
3.2 If the Client cancels a photographic session more than 7 days in advance, 50% of the booking fee will be refunded. No refund of the booking fee will be made if a Client cancels a photographic session less than 7 days in advance.
3.3 All cancellation must be made either in person at f8cus Photography or in writing by email or letter.
3.4 Photographic sessions can be postponed or changed to an alternative date without penalty provided the request is made more than 72 hours in advance.
4. ATTENDING THE BOOKED PHOTOGRAPHY SESSION
4.1 f8cus Photography welcomes up to a maximum of 15 family members and friends to attend any photographic session. At this time we cannot accept pets at the studio although we can include these if the session is not in the studio.
4.2 The photographic Session will last for approximately one hour. During that time, the photographer will attempt to capture a series of images, there will always be at least twenty five images to choose from at the end of the session.
4.3 Personal changes of clothing, props, toys and other items which Clients wish to be included in photographs are welcomed but f8cus Photography accepts no responsibility for any damage or loss of such items whilst on their premises.
5. PREVIEW SESSION
5.1 A preview session will be arranged after the photography session During this preview session f8cus Photography will discuss the Client’s requirements, assess the best images and offer a variety of framing, mounting and display options as well as size and orientation etc. Once the Client has finalized their choice of images, f8cus Photography issue the Client an with an invoice.
6. ORDERING
6.1 Orders, as detailed on the Client Order Sheet, must be paid in full within 28 days. f8cus Photography accepts all forms of payment including credit/debit cards, cash and cheques.
6.2 The prices for framed and canvas prints in the current f8cus Photography price list include Basic Image Editing. f8cus Photography reserves the right to charge an hourly fee in instances where the amount of editing work is deemed to exceed Basic Image Editing.
6.3 f8cus Photography will not start any image editing, cropping, print preparation or framing until the full payment has been received.
6.4 The chosen items will normally be produced and completed within 21 days from the date that the order has been placed and paid for. If the work is going to take longer to complete then f8cus Photography will contact the client by telephone or e-mail to advise them of the delay.
6.5 When the items are complete and ready for collection f8cus Photography will telephone the Client on the contact number on file. Clients who have not heard from f8cus Photography after 21 days are advised to contact f8cus Photography to check on the situation.
6.6 f8cus Photography can dispatch items by post providing that prior arrangement and payment has been made for this service at the time of ordering although we do prefer to deliver in person.
6.7 Payment for an order constitutes a binding contract between the Client and f8cus Photography to proceed with the work requested and no refunds or cancellation of the order can be made after that payment has been made.
7. ORDERS INVOLVING PROMOTIONAL OFFERS, PRIZES AND FREE PRINTS
7.1 From time to time f8cus Photography waivers the Booking Fee and provides free Photographic Sessions and digital prints. f8cus Photography reserve the right to offer the reduced rate prints of the selected image with Basic Image Editing only. This preparation work will only be carried out on the selected image and if the Client wishes to consider any other image(s), f8cus Photography reserves the right to charge an hourly fee for preparation, whether the Client purchase the image(s) or not.
8. OUR CLIENT GUARANTEE
8.1 All images and frame sizes quoted are approximate. f8cus Photography will provide pleasing overall colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials; especially man-made fibers. It is sometimes impossible to record images with the exact colour as seen by the human eye, certain images will have been edited to show artistic colouring effects which will also affect the overall look of the colours.
8.2. f8cus Photography uses the very highest quality materials and takes every care to ensure that the quality of work produced is of a standard, which is acceptable to all parties concerned. Upon collection of the items produced, Clients will be asked to sign a declaration confirming that the items are in good order and of a merchantable quality and standard that would be expected for the materials used. No items can be returned once this declaration has been signed and the items removed from the premises of f8cus Photography.
8.3 Any damage, imperfections or unsatisfactory quality of work must be pointed out at the time of collection and f8cus Photography will undertake to correct the problems with the highest priority and at no cost to the Client.
8.4 Should f8cus Photography fail to impress you and there is nothing that you like from the session a full refund of the booking fee will be refunded.
9. COPYRIGHT
9.1 f8cus Photography holds and owns outright copyright title to all images captured by f8cus Photography or its representatives. By booking a Photographic Session, all Clients are agreeing to allow f8cus Photography to use all captured and stored images for the purposes of marketing, promotion, publication, advertising and printing. The images may be used for any commercial purpose relating to the activities of f8cus Photography. The images may also be used in various formats including, but not limited to, digital files, printed copy, website and film.
9.2 f8cus Photography uses its discretion in the use and application of any image it stores (e.g. representation of images involving minors) and, where applicable, is bound by the laws governing advertising and Data Protection.
9.3 No person may copy, scan, reproduce or re-photograph images taken by f8cus Photography using any method, without prior written permission. f8cus Photography will take full legal action against any persons concerned to recover all costs and compensations for such action.
9.4 Any request to use f8cus Photography copyright material must be made in writing. Each application will be considered on an individual basis and where permission to use or reproduce material is granted, f8cus Photography reserves the right to charge a fee, which must be paid in full, in advance.
10. IMAGE STORAGE
10.1 f8cus Photography will store and file all Photographic Session images but is under no obligation to keep the images for a period longer than 30 days from the session date. If any Client does not return within the 30-day period to place an order or makes no contact after the Photographic Session, f8cus Photography reserves the right to permanently delete the images.
10.2 Where Clients have placed an order, within the 30-days period, images will then be guaranteed to be retained for a period of at least 30-days from the date of the Photographic Session.
10.3 Any Photographic Session images, whether the Client has placed an order or not, can be stored by f8cus Photography for periods of 12 months on payment of an annual fee of £100 or alternatively £10 per month.
10.4 Although f8cus Photography will provide a storage and deposit of images, we accept no liability for the total or partial loss of any images retained, stored or backed up by us at any time. We do not imply or warrant such a guarantee for safe storage.
10.5 f8cus Photography will not be liable for any cancellation of or alteration to the booking or any loss or damage to the client arising out of circumstances beyond its control including but not limited to any acts of God, fire, flood, natural disaster, criminal acts, act of terrorism, the out break of civil unrest or war.
11. LIMITATIONS AND LIABILITY
11.1 f8cus Photography will not under any circumstances be liable for any cost incurred by the Client to obtain legal representation in the unlikely event of a dispute.
11.2 Furthermore, f8cus Photography will not be liable above and beyond equal to the amount of money paid to f8cus Photography by the client in the event of a successful legal procession.
11.3 The Client indemnifies f8cus Photography against any awards of compensation or claimed compensation from a failure to fulfill its obligations in the engagement of services provided.
11.4 The Client also indemnifies f8cus Photography from any costs incurred that are not covered by the adequate professional Insurance policy or Professional indemnity insurance covering f8cus Photography business activities.
Nothing contained in these Terms and Conditions affects your Statutory Rights as a consumer.
TRADEMARKS
The f8cus Photography logo’s are all trademarks of f8cus Photography Ltd. Other product and company names mentioned herein may be the trademarks of there respective owners. The use of any text and / or imagery on this site is strictly prohibited without first gaining written permission from either copyright holder of f8cus Photography which you can do by completing our contact form (please provide specific details).
PRIVACY POLICY
Any information gathered by f8cus Photography via this website will be kept on file and will only be used for our own marketing campaigns. No information will be passed on to any third party for any purposes. All information gathered will be kept in the strictest of confidence and comply with all guidelines from the Data Protection Act 1998.
f8cus Photography Ltd is a registered private company that is limited under the ‘register of companies’ (Companies House) for England and Wales, company number 6008825
COPYRIGHT
Copyright © 2005-2012 f8cus Photography Ltd. All rights reserved.
