Terms & Conditions

Last Updated: April 15, 2024

1. Introduction

Welcome to CalmSeaside Photography. These Terms and Conditions ("Terms") govern your use of our website calmseaside.sbs (the "Website") and the photography services ("Services") we provide.

By accessing our Website or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our Website or Services.

2. Definitions

In these Terms:

  • "Client," "you," or "your" refers to the individual or entity engaging our Services.
  • "CalmSeaside," "we," "us," or "our" refers to CalmSeaside Photography, a company registered in the United Kingdom with registration number 61942833.
  • "Content" refers to all photographs, images, videos, blog posts, articles, and other materials available on our Website.
  • "Images" refers to all photographs and videos created by us during a photography session.

3. Website Use

3.1 Website Access

We grant you a limited, non-exclusive, non-transferable right to access and use our Website for personal, non-commercial purposes. We reserve the right to restrict access to certain areas of our Website, or the entire Website, at our discretion.

3.2 Prohibited Uses

You agree not to:

  • Use our Website in any way that could damage, disable, overburden, or impair our servers or networks
  • Use any robot, spider, or other automated device to access our Website
  • Attempt to gain unauthorized access to any part of our Website
  • Use our Website for any illegal or unauthorized purpose
  • Engage in any data mining, data harvesting, or similar data gathering activities
  • Use our Website to transmit any viruses, malware, or other malicious code

3.3 User Accounts

Some features of our Website may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property

4.1 Website Content

All Content on our Website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is owned by or licensed to CalmSeaside and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit in any way any Content from our Website without our prior written consent.

4.2 Photography Copyright

Under UK Copyright Law, all Images created by CalmSeaside remain our intellectual property. When you purchase our Services, you are purchasing a license to use the Images as specified in your service agreement, not the copyright to the Images themselves.

4.3 Client License

Upon full payment for our Services, we grant you a non-exclusive, non-transferable license to use the Images for personal, non-commercial purposes, unless otherwise specified in a written agreement. Commercial use requires additional licensing and fees.

4.4 CalmSeaside's Usage Rights

Unless otherwise stated in a written agreement, we reserve the right to:

  • Use the Images in our portfolio, on our Website, social media, and in marketing materials
  • Submit the Images to competitions and publications
  • Use the Images for demonstration or instructional purposes

If you wish to restrict our usage of your Images, please discuss this with us before booking our Services.

5. Booking and Payment

5.1 Booking Process

To book our Services, you must:

  • Complete a booking form or contact us with your requirements
  • Receive a written confirmation from us
  • Pay a non-refundable booking fee (usually 25% of the total fee)

Your booking is not confirmed until we receive your booking fee.

5.2 Payment Terms

Payment terms are as follows:

  • A non-refundable booking fee is required to secure your date
  • The remaining balance is due 7 days before the photography session
  • For rush orders or last-minute bookings, full payment may be required upfront
  • Payment can be made via bank transfer, credit/debit card, or other methods specified in our invoice

Late payments may result in delays to your photography session or the delivery of your Images.

5.3 Pricing

All prices displayed on our Website are in British Pounds (GBP) and include VAT where applicable. We reserve the right to change our prices at any time, but changes will not affect confirmed bookings.

6. Photography Services

6.1 Session Details

The specific details of your photography session, including date, time, location, duration, and deliverables, will be outlined in your booking confirmation and service agreement.

6.2 Image Delivery

We aim to deliver your Images within the timeframe specified in your service agreement, typically:

  • Portrait sessions: 2-3 weeks
  • Weddings and events: 4-6 weeks
  • Commercial projects: As specified in the project agreement

Delivery times are estimates and may vary during peak seasons or due to circumstances beyond our control.

6.3 Image Selection and Editing

We will select the best Images from your session for editing based on our professional judgment. The number of Images delivered will be as specified in your service agreement. Our standard editing includes color correction, exposure adjustment, and basic retouching. Advanced retouching is available at additional cost.

6.4 Image Storage

We will store your edited Images for up to 12 months after delivery. We recommend that you download and back up your Images promptly upon receipt. Additional storage beyond 12 months may be available for a fee.

7. Cancellations and Rescheduling

7.1 Client Cancellations

If you need to cancel a confirmed booking:

  • Cancellations more than 30 days before the session: Booking fee is non-refundable, but any additional payments made will be refunded
  • Cancellations 14-30 days before the session: 50% of the total fee is payable
  • Cancellations less than 14 days before the session: 100% of the total fee is payable

7.2 Rescheduling

If you need to reschedule a confirmed session:

  • Rescheduling requests more than 14 days before the session: One free reschedule, subject to our availability
  • Rescheduling requests less than 14 days before the session: Rescheduling fee of £50, subject to our availability

If we cannot accommodate your preferred new date, our cancellation policy will apply.

7.3 Photographer Cancellation

In the unlikely event that we need to cancel a session due to illness, emergency, or other circumstances beyond our control, we will:

  • Attempt to find a suitable replacement photographer of similar style and quality, with your approval
  • Or, reschedule the session at a mutually agreeable date at no additional cost
  • Or, if neither option is possible, provide a full refund of all payments made

Our liability for cancellation is limited to the refund of fees paid.

8. Client Responsibilities

As a client, you are responsible for:

  • Arriving on time for your photography session
  • Ensuring all participants are aware of the session time and location
  • Informing us of any specific requirements or important shots before the session
  • Obtaining necessary permissions if the session takes place on private property
  • Adhering to venue rules and regulations during events
  • Providing accurate contact information and promptly responding to communications

9. Limitation of Liability

CalmSeaside's total liability to you for any claims arising from or in connection with our Services shall not exceed the total amount paid by you for the Services giving rise to the claim.

We shall not be liable for:

  • Indirect, special, or consequential losses
  • Loss of profit, business opportunity, or anticipated savings
  • Technical failures beyond our control that may affect the quality of Images
  • Failure to deliver Images due to circumstances beyond our reasonable control
  • Personal injury or property damage unless caused by our negligence

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by English law.

10. Complaints and Dispute Resolution

If you are dissatisfied with our Services, please contact us in writing within 14 days of receiving your Images. We will make reasonable efforts to address your concerns.

Any disputes that cannot be resolved through negotiation shall be subject to mediation before any legal action is taken. The cost of mediation shall be shared equally between both parties.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Website. Your continued use of our Website or Services after any changes indicates your acceptance of the modified Terms.

For confirmed bookings, the Terms in effect at the time of booking will apply, unless you explicitly agree to updated Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14. Contact Information

If you have any questions about these Terms, please contact us at:

CalmSeaside Photography
Flat 15 Vanessa Avenue
Harrisonhaven RG8 0UN
United Kingdom

Email: [email protected]
Phone: +44 864 937 9317