Introduction
These Terms and Conditions ('Terms', 'Terms and Conditions') govern your relationship with the website example.com (the 'Service') and the photography services operated by CinderBanks Photography ('us', 'we', or 'our').
Please read these Terms and Conditions carefully before using our Service or engaging our photography services. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service or our photography services.
By accessing or using the Service or our photography services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service or use our photography services.
Photography Services
Booking and Reservation
When booking photography services with us:
- A non-refundable deposit (typically 25% of the total service fee) is required to secure your booking date.
- The remaining balance is due 14 days before the scheduled session date unless otherwise specified in your service agreement.
- All bookings are subject to our availability and confirmation.
- We reserve the right to refuse service to anyone for any reason at any time.
Session Policies
For photography sessions:
- We reserve the right to use our professional judgment regarding location, poses, and photographic style.
- Clients are responsible for securing any necessary permits for photography at specific locations.
- Sessions begin at the scheduled time. Late arrivals will result in shortened sessions without adjustment to the fee.
- Rescheduling may be permitted with at least 48 hours notice, subject to our availability.
- In the event of inclement weather for outdoor sessions, we will work with you to reschedule at no additional fee.
Delivery of Images
Regarding the delivery of your photographs:
- Typical delivery time for final edited images is 3-4 weeks after your session, unless otherwise specified in your service agreement.
- Images will be provided in digital format through an online gallery unless other arrangements are made.
- Online galleries will remain active for 30 days, after which they may be archived or removed.
- Additional fees may apply for rush editing or extended gallery hosting.
Intellectual Property
Copyright
CinderBanks Photography retains copyright of all images created during your session in accordance with UK Copyright Law. When you purchase photography services from us:
- You are granted a personal, non-exclusive license to use, print, and share the images for personal use.
- Commercial use, including but not limited to advertising, marketing, or sale of images, requires written permission and may incur additional licensing fees.
- Editing, altering, or modifying our images, including applying filters or cropping, is prohibited without our express written permission.
- When sharing images on social media, proper credit to 'CinderBanks Photography' is appreciated but not required for personal use.
Model Release
Unless otherwise specified in writing:
- We reserve the right to use images from your session for our portfolio, social media, advertising, contests, educational purposes, and other promotional materials.
- If you wish to restrict the use of your images, you must request this in writing before your session.
- We respect your privacy and will not use images in a manner that could be deemed harmful or unflattering.
Website Content
The content on our website, including but not limited to text, graphics, images, logos, button icons, software, and audio, is the property of CinderBanks Photography or our content suppliers and is protected by UK and international copyright laws.
You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any content from our website without prior written consent from CinderBanks Photography.
Website Use
Acceptable Use
You agree to use our website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes:
- Conducting any systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting)
- Using the website in any way that causes, or may cause, damage to the website or impairment of availability or accessibility
- Using our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of malicious computer software
- Using data collected from our website for any direct marketing activity
- Conducting any fraudulent activity in connection with our website
User Accounts
If you create an account on our website, you are responsible for:
- Maintaining the confidentiality of your account and password
- Restricting access to your computer or device
- All activities that occur under your account or password
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
User-Generated Content
If our website allows you to post, upload, or share content:
- You retain any ownership rights you have in such content, but grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, and distribute your content on our website.
- You represent and warrant that you own or control all rights in and to the content you post, and that such content does not violate these Terms or any applicable law.
- We have the right, but not the obligation, to monitor and edit or remove any content provided by users.
Payment and Pricing
For payment and pricing policies:
- All prices are quoted in British Pounds (GBP) and include VAT where applicable.
- We accept payment via credit/debit card, bank transfer, and other specified payment methods outlined on our website or in service agreements.
- Prices are subject to change without notice, but confirmed bookings will be honored at the rate agreed upon at the time of booking.
- Late payments may incur additional fees and result in delayed delivery of final images.
- For products (such as albums, prints), shipping costs are additional unless otherwise specified.
Limitation of Liability
CinderBanks Photography will take all reasonable care in performing our services, but:
- We are not liable for any loss or damage arising from circumstances beyond our reasonable control, including but not limited to equipment failure, illness, weather conditions, or venue restrictions.
- Our liability for any claim, whether in contract, tort, or otherwise, is limited to the amount paid by you for the specific photography services giving rise to the claim.
- We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages.
- For website use, the information and services provided are on an 'as is' basis without warranties of any kind, either express or implied.
Indemnification
You agree to indemnify, defend, and hold harmless CinderBanks Photography, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:
- Your violation of these Terms
- Your violation of any applicable law or the rights of any third party
- Your use of our website or photography services
Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will post the updated Terms on this page and update the 'Last Updated' date at the top of these Terms.
Your continued use of our website or services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or our services:
- We encourage you to contact us first to seek an amicable resolution.
- Any dispute not resolved informally shall be resolved through arbitration in accordance with the rules of the United Kingdom Arbitration Association.
- The arbitration shall take place in the United Kingdom, and the arbitration proceedings shall be conducted in English.
- The decision of the arbitrator shall be final and binding on both parties.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Entire Agreement
These Terms constitute the entire agreement between you and CinderBanks Photography regarding our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter.
Contact Us
If you have any questions about these Terms, please contact us:
- By email: [email protected]
- By phone: +44 310 376 6764
- By mail: 6 Robertson Green, Courtneyshire, BT15 3FB, United Kingdom