TERMS AND CONDITIONS OF BUSINESS
1.1 By using this website and/or by making a booking you agree to be legally bound by these Terms and Conditions which shall take effect from your first use of the website.
1.2 These Terms and Conditions of Business (Terms and Conditions) form part of every quotation, offer or contract of sale between Ruslan Chornolutskyy and/or Ruth Chornolutskyy, trading as RR Photographic, (each being the Photographer) and the client (Client) for photographic and/or any related services (Services).
1.3 The warranties, representations and undertakings (if any) contained in these terms and conditions are the only warranties, representations and undertakings that apply to the Services and the Contract (whether made orally or in writing by any person acting or purporting to act on behalf of the Client or the Photographer) unless agreed in writing by the Photographer and such agreement contains a specific reference to the warranty, representation or undertaking.
1.4 These Terms and Conditions supersede any previous agreements, arrangements or negotiations between the Client and the Photographer in relation to the supply of Services. However, in the case of a conflict between these Terms and Conditions and a term of the Contract, the term of the Contract shall prevail.
1.5 A contract is formed when the Photographer has received from the Client the appropriate Booking Fee in accordance with condition 3 and the Photographer has served a confirmation in writing on the Client (Contract).
1.6 Where a Contract is made by one person (Lead Person) on behalf of a group of people, the Lead Person confirms that they have the authority to make the Contract on behalf of everyone who is to receive the Services in the group, including children (Group). The Lead Person must ensure that all members of the Group are aware of and accept these Terms and Conditions. In any event, the Lead Person shall be responsible for the full cost of the Services for itself and the Group including any related charges under these Terms and Conditions.
1.7 The Client is responsible for reviewing the confirmation email and/or any booking details as soon as reasonably possible following receipt of such and must inform the Photographer immediately of any errors or discrepancies. Any failure by the Client to promptly notify the Photographer of any such errors or discrepancies will be deemed an acceptance by the Client that all booking and/or other details are correct.
1.8 Under these Terms and Conditions, the definition “Client” shall be deemed to include any of the Client, the Lead Person and all participants within a Group as the context requires, unless expressly stated otherwise.
1.10 The intellectual property of all content on this website belongs to Ruslan Chornolutskyy and Ruth Chornolutskyy trading as RR Photographic.
2. PHOTOGRAPHIC SERVICES:
2.1 The Photographer shall agree with the Client the Services to be provided at the time the Contract is made.
2.2 Due to safety reasons, adverse weather conditions, unavailability of representatives or any other reason, the Photographer may reschedule or cancel any provision of Services by notice to the Client. The Photographer will use reasonable endeavours to provide as much notice as possible or to provide an alternative option to the Client, but the Client acknowledges that this may not always be feasible and the notice may be minimal.
2.3 If the Client does not attend at the time and location agreed pursuant to the Contract and/or as reasonably requested by the Photographer, for any reason, the Photographer shall be deemed to have fully provided the Services.
2.4 It is the Client’s responsibility to attend a Shoot promptly and a Shoot will not be extended beyond its scheduled time if the Client is late. If the Client is more than 20 minutes late for the provision of Services, the Photographer may cancel the provision of Services. No refund of the Payment Price shall be given and/or the Client shall be responsible for immediately paying the Payment Price to the Photographer. If the Client is late, the Photographer shall perform the Services as far as reasonably practicable and shall have no liability for not being able to fully perform the Services due to the time restraints.
2.5 By entering into a Contract, the Client acknowledges and accepts that all photographs taken by the Photographer remain the intellectual property of the Photographer.
2.6 By entering into a Contract, the Client gives their full consent to the Photographer using any of the photographs for commercial, publicity, advertising or other purposes. The Client has no right to any payment or fees in respect of any photographs sold and if any such rights should exist, the Client hereby waives them.
2.7 Any and all photographs taken at a wedding or Shoot shall be taken at the sole discretion of the Photographer, although the Photographer will make every effort to comply with any reasonable requirements of the Client.
2.8 The Photographer shall endeavour to photograph any individuals requested by the Client at some point during the wedding or Shoot, but no responsibility shall be taken by the Photographer on the occasion of leaving an individual out.
2.9 Where the provision of Services is to take place in a location where the Photographer may be fully or partly restricted from taking photographs, the Client accepts that it may not be possible for the Photographer to provide all or any of the Services.
2.10 Where the provision of Services is partly or fully dependant on related services of any kind from any third party, the Photographer shall have no responsibility for any act or omission of the third party which may prevent, delay or adversely affect the provision of the Services.
2.11 The Client accepts that in certain venues or locations, a variety of lighting conditions may mean that some colours may vary throughout a set of photographs.
2.12 The Client agrees that all photographs supplied to the Client are at the discretion of the Photographer and any photographs not making the final edit shall only be viewed or supplied to the Client at the sole discretion of the Photographer.
2.13 Subject to the Photographer supplying the Services and providing the Client with the photographs agreed under the Contract (subject to condition 2.15), the Photographer shall have no legal obligation to retain or store a Client’s photographs for a period longer than 3 months after the date of the Wedding and/or the Shoot. The Client accepts that any wedding albums, other albums, books, prints, discs, USB devices or the like, which remain uncollected three months after the date of the wedding and/or the Shoot may also be destroyed and the Photographer may still claim or retain the Payment Price.
2.14 The Client accepts that any damage or loss caused by the Courier and/or in the delivery of any photographs in any form shall be the responsibility of the Client and the Client shall bear the costs of any replacements.
2.15 The Client accepts that once it has agreed the photographs and/or layout of any wedding albums, other albums, photobooks, prints and/or the like with the Photographer, no alterations can be made. If the Client requires any additional albums, books and/or prints, these shall be at the additional cost quoted by the Photographer to the Client.
2.16 If the Client has a disability as defined under the Disability Discrimination Act 1995, then provided the Client gives the Photographer a reasonable period of advance notice, the Photographer will make reasonable adjustments to facilitate the Client’s disability as far as possible, but due to the nature of the Services and the requirements of the Client, the Client acknowledges that no guarantee can be given by the Photographer as to what will be achievable.
3. TERMS OF PAYMENT:
3.1 The most up to date prices for the Services are shown on the website, however they are subject to regular review and may change at any time.
3.2 The price of the Services which the Client must pay is the price set out in the Contract (Payment Price).
3.3 A non-refundable booking fee of £300.00 will confirm the Client’s booking for wedding photography (Wedding Booking Fee). The Wedding Booking Fee is included in the Payment Price.
3.4 The balance of the Payment Price for a wedding shall be payable no later than eight weeks prior to the date of the wedding.
3.5 A non-refundable booking fee of 25% of the Payment Price for any other Shoot will confirm the Client’s booking for the Shoot (Shoot Booking Fee) and the balance of the Payment Price shall be payable no later than immediately prior to the Shoot.
3.5 Any additional goods ordered from or via the Photographer must be paid for at the time of ordering.
3.6 The Photographer at its absolute discretion may require full or partial payment in advance at the time the Contract is made, particularly in the case of a late booking. The Photographer may also specify the method of payment in such circumstances. The Photographer shall not be obligated to accept the booking if the Client does not comply with all of the Photographer’s requirements.
3.7 Time for payment of the Payment Price and Charges shall be of the essence.
3.8 If payment is not made at the time requested by the Photographer in accordance with conditions 3.4, 3.5, 3.6 and/or 3.9, the Photographer may at its discretion terminate the Contract in whole or in part. If the Photographer elects to terminate the Contract, it shall do so by giving notice in writing to the Client and the Photographer shall be entitled to recover from the Client all costs, expenses, fees, penalties, damages, compensation and any other liabilities which it has incurred or incurs as a consequence of the termination.
3.9 The Client is responsible for any additional charges related to the provision of the Services including but not limited to any incurred in the payment process and/or the delivery of photographs (Charges).
3.10 The Client must agree to collect all wedding albums, other albums, books, prints, discs, USB devices or the like within 14 days from the date of the wedding or Shoot or they shall be posted by the Photographer to the Client at the last address which the Photographer holds for the Client by a courier of the Photographer’s choice (Courier). The Client shall be responsible for paying any cost of the Courier in addition to the Payment Price and the photographs shall not be dispatched until such sum is received by the Photographer.
3.11 Unless otherwise stated in writing by the Photographer, the Payment Price is exclusive of any tax payable in the UK and/or any location where the Services are to be provided (Tax) and the Client shall be responsible for any Tax payable.
3.12 All prices including the Payment Price are in pound sterling unless otherwise expressly stated by the Photographer to the Client or as specified in these Terms and Conditions.
3.13 Any costs incurred in relation to currency conversion in relation to the Contract shall be met by the Client and the Client shall ensure that all payments and/or monetary transfers are received by the Photographer in pounds sterling.
4.1 Subject to conditions 4.3 and 4.4, the Client may cancel the Contract at any time by sending a notice of cancellation on the Photographer in writing (Cancellation Request).
4.2 A Cancellation Request shall be valid on the date on which it is deemed to have been received by the Photographer in accordance with condition 8.
4.3 Where the Client serves a Cancellation Request on the Photographer for the provision of Services for a wedding (Wedding), the Photographer shall be entitled to retain or be paid all or part of the Payment Price as follows:
4.3.1 where the Cancellation Request is received by the Photographer with 180 or more days from and including the date of the Wedding, the Photographer shall retain the Wedding Booking Fee but shall refund any sums already received by the Photographer from the Client in excess of this;
4.3.2 where the Cancellation Request is received by the Photographer less than 180 days from and including the date of the Wedding, the Client shall pay the Photographer the full Payment Price and any other sums due under the Contract and the Photographer shall be entitled to offset any sums already received by the Photographer from the Client in partial satisfaction of any amounts due.
4.3.3 Where the Photographer is able to re-book the date and provide alternative services equivalent to the Payment Price, then the Photographer shall, at its discretion reduce the cancellation fee to the Wedding Booking Fee plus any additional costs or Charges incurred.
4.4 Where the Client serves a Cancellation Request on the Photographer for the provision of Services for a Shoot (other than a wedding), the Photographer shall be entitled to retain or be paid all or part of the Payment Price as follows:
4.4.1 where the Cancellation Request is received by the Photographer with 10 days or more from and including the date of the Shoot, the Photographer shall retain the Shoot Booking Fee but shall refund any sums already received by the Photographer from the Client in excess of this;
4.4.2 where the Cancellation Request is received by the Photographer less than 10 days from and including the date of the Shoot, the Client shall pay the Photographer the full Payment Price and any other sums due under the Contract and the Photographer shall be entitled to offset any sums already received by the Photographer from the Client in partial satisfaction of any amounts due.
4.4.3 Where the Photographer is able to re-book the date and provide alternative services equivalent to the Payment Price, then the Photographer shall, at its discretion reduce the cancellation fee to the Shoot Booking Fee plus any additional costs or Charges incurred.
4.5 Any credit card or debit card payments shall be refunded to the same credit or debit card number from which the Payment Price was paid, less any Charges.
5. RESPONSIBILITIES OF THE CLIENT:
5.1 By entering into a Contract with the Photographer, the Client confirms to the Photographer that it is physically fit and knows of no health reasons which should prevent it or render it dangerous for the Client or any member of the Group to travel to the locations or participate in any activities agreed with the Photographer and/or use the Equipment or Personal Items during the Wedding and/or Shoot.
5.2 Where, after the Contract has been made, the Client becomes aware of a health problem or reason as to why it or a member of the Group should not undertake the provision of Services, use the Equipment or Personal Items and/or participate in any activities during the provision of Services, it shall immediately inform the Photographer in sufficient detail to enable the Photographer to assess what amendments are required and whether, at the sole discretion of the Photographer, it is possible to adapt the provision of Services accordingly. Where the Client is unable to participate and wishes to cancel the Services, the provisions of condition 4 shall apply.
5.3 The Client agrees that at all times it shall abide by all decisions of the Photographer.
5.4 The Client shall at all times act in an appropriate and acceptable manner and accept responsibility for their behaviour and the conduct of all members of their Group. The Photographer reserves the right to terminate the provision of the Services should the behaviour of the Client, at the discretion of the Photographer threaten to cause or cause damage or harm to any persons, property or the like or seriously impair the enjoyment of third parties. No refund shall be given by the Photographer. The Client (and their Group if they should choose to leave also) shall be responsible for any additional accommodation, travel or other costs incurred following termination of the provision of the Services. The Client shall immediately pay on request to the Photographer a sum equivalent to any loss or damage caused at the location where the Services were being provided. The Photographer reserves the right not to accept any future bookings from the Client or the members of the Group or to cancel any existing bookings which the Client or the members of the Group may have. .
5.5 It is the Client’s responsibility to provide the Photographer with any valid and current contact details it has, including postal address, email address and telephone number.
5.6 Individuals under the age of 18 (Minor) shall only attend a session for the provision of Services, regardless of the location, if accompanied by a parent, guardian or minder over the age of 18 who, by attending the session with the Minor accepts full responsibility for the Minor’s safety and behaviour.
5.7 All personal equipment or possessions of the Client are the Client’s responsibility and are at the risk of the Client at all times. The Photographer shall accept no liability for the loss, damage or theft of any Personal Items.
6.1 The Photographer shall not be responsible whether in contract or tort or otherwise howsoever for consequential loss or damage (which shall include loss of use or profits) caused by or arising out of the provision of the Services or for any other loss, damage or injury of any kind whatsoever.
6.2 If notwithstanding other provisions in these Terms and Conditions any liability attaches to the Photographer, the Photographer’s liability to the Client arising out of or in connection with these Terms and Conditions or any Contract whether in contract, tort or otherwise in respect of any:
(i) express or implied terms of the Contract between the Photographer and the Client; or
(ii) any charges of any kind imposed on the Photographer by law arising out of or in connection with the Contract; or
(iii) any defect in the supply of Services; or
(iv) any infringement of intellectual property rights; or
(v) any other loss howsoever arising out of these Terms and Conditions;
shall be limited in aggregate to the Payment Price for any one event or a series of events.
6.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Photographer for death or personal injury caused by the negligence of the Photographer, or for fraud.
7. FORCE MAJEURE:
A force majeure event is any event beyond the reasonable control of the Photographer, including an act of God. If the Photographer is prevented or restricted from carrying out all or any of its obligations under the Contract and/or these Terms and Conditions by reason of any force majeure event, then the Photographer shall not be liable for any delay and/or failure in the performance of its obligations.
8.1 Any notices or communications to be served on either the Client or the Photographer pursuant to the Contract shall be sent by registered 1st class post, commercial courier, e-mail or hand-delivered to the address of the other party as specified on the invoice, unless either party advises the other of an alternative address in writing.
8.2 A notice or communication hand-delivered by the Client to the Photographer or vice versa shall be deemed served on actual receipt.
8.3 A notice or communication sent by 1st class post by the Client to the Photographer shall be deemed served on actual receipt.
8.4 A notice or communication sent by 1st class post by the Photographer to the Client shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
8.5 A notice or communication sent by commercial courier by the Client to the Photographer or vice versa shall be deemed served on the date and at the time that the courier’s delivery receipt is signed.
8.6 A notice sent by email to the email address of the relevant party shall be deemed to have been received at the time of successful transmission (or if transmission is not in business hours, at 9:00am in the place of receipt on the first business day following transmission).
9. DATA PROTECTION:
The Photographer may keep and use personal details of the Client for the purpose of providing the Services and/or marketing and promotional purposes for a period of 6 years unless otherwise required by law and thereafter may hold such for marketing and/or promotional purposes unless and until the Client requests in writing that their data be destroyed.
10. LAW AND JURISDICTION:
The Contract shall be subject to and interpreted in accordance with English law and the Client and Photographer hereby irrevocably submit to the exclusive jurisdiction of the English Courts in all matters arising out of the Contract.
No variation of this agreement shall be effective unless it is in writing and expressly accepted by both parties.
If any provision or part-provision of these terms and conditions becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant condition, provision or part-provision shall be deemed deleted from the remaining conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
13.1 Paragraph headings shall not affect the interpretation of these terms and conditions.
13.2 Any reference to a person under these terms and conditions shall include a natural person, corporate or unincorporated body (whether or not having separate legal personality) and vice versa.