Smilephotoart Photography Services Terms and Conditions
1.General
1.1 By booking an appointment with Smilephotoart Photography the clients acknowledge that
they have read, understood, and agreed to these terms and conditions.
1.2 Smilephotoart Photography reserves the right to amend, vary or cancel these terms and
conditions at any time. Smilephotoart Photography may change this policy from time to time
by updating this page. You should check this page from time to time to ensure that you are
happy with any changes.
1.3 If any of these terms and conditions are held by any court of competent authority to be
unlawful, invalid or unenforceable, in whole or part this will not affect the validity of the
remaining terms and conditions which will continue to be valid and enforceable to the fullest
extent permitted by law.
1.4 Changes to the requirements for an Agreement before or during a shoot may increase the
Fee and expenses
1.5 We may use your photographs to promote and advertise our business, including printed
publications, presentations, promotional materials, on our website, and in social media
platforms such as Instagram, Pinterest and Facebook. If you do not wish for your
photographs to be used with this purpose, please inform Smilephotoart in writing.
1.6 The client grants all necessary permission to allow Smilephotart Photography the use of any
images created from the session for the purpose of displays, exhibitions, advertising, and
competitions.
1.7 All queries, complaints and suggestions should be addressed to info@smilephotoartuk.co.uk
2. Booking Deposit
2.1 All appointments require a 10% deposit. We do not store credit card details, nor do we
share customer details with any 3rd parties. We operate a no refund policy.
2.2 The booking fee is payable within 3 working days from the date of booking. After this time
the reservation will be automatically removed and the date will become open for booking.
3. Terms of Sale
1. The booking fee forms part of the total cost of your Package (i.e. it is NOT in addition to the
cost of the plan) and is deducted when calculating the final balance due. The final balance is
due within five days before the photo-shoot or on the day of the event.
2. Goods are not supplied on a sale or return, consignment, or approval basis. This does not
affect your statutory rights. We immediately place your order with our suppliers. Therefore
any changes (i.e., frame, image or mount) will be subject to any costs levied to us by our
suppliers. All goods remain the property of Smilephotoart Photography until paid for in full.
3. Smilephotart Photography reserves the right to charge interest on late payments at the rate
prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date
payment was due until the date payment is made.
4. Copyright of all images remains the property of Smilephotoart Photography. Reproduction
of any image by any means whatsoever, without express permission, is strictly prohibited
and is a criminal offence under the 1988 Copyrights and Patents Act.
5. While delivery dates will be adhered to as much as possible; they do not constitute part of
the contract.
6. All work is sent by post /special courier. Smilephotoart Photography cannot accept
responsibility for any damage or loss once the order has left the premises.
EXTENT OF LIABILITY
1. The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss
of business or revenues, loss of production or for any indirect, special or consequential loss,
damage, costs, expenses or other claims (whether caused by the negligence of the
Photographer, Photographer’s employees, agents or sub-contractors or otherwise) which
arise out of or in connection with the shoot.
2. The Photographer’s maximum aggregate liability for all losses, damages, costs, claims and
expenses however or whenever arising out of or in connection with these Terms shall in any
event be limited to the total amount of the fees paid to the Photographer in relation to the
relevant assignment.
STORAGE OF MATERIAL
The Client shall ensure that it takes appropriate steps to keep safe an exact digital copy of all
Material supplied for the duration of the Usage Licence. The Photographer will not be responsible
for archiving.
CONDUCT OF THE SHOOT
1. The duration of the shoot will be discussed and mutually agreed upon when finalising the
contract details between both parties.
2. The shoot will be arranged on date(s) mutually agreed between the Parties.
3. During the shoot the Photographer will take account of the Client’s reasonable instructions
in respect of the shoot brief.
4. If the Client is not present during the shoot then the Photographer’s interpretation of the
brief shall be deemed acceptable to Client.
5. Any hours worked outside the agreement period will incur additional overtime fees for the
Photographer, crew and facilities. These will be agreed between the Parties.
6. Please note that any alterations made to the booking by the client(s) once details have been
confirmed may only be made at the discretion of the photographer(s) and in some
circumstances (such as the change of ceremony date for a wedding) the photographer(s)
may be unable to accommodate these alterations due to a conflict of commitments. Under
these circumstances, the photographer(s) are not liable to compensate the client(s) in any
way whatsoever.
7. Due to a variety of lighting conditions and the limitations of digital sensors, some colours
may alter throughout a set of photographs. Please note that certain colours do not
reproduce exactly in print.
8. The photographer(s) shall endeavour to photograph all individuals as requested by the
client(s) at some point, but no responsibility or liability will be taken by the photographer(s)
on the occasion of leaving somebody out.
9. For a booking involving a church ceremony or at certain venues, the photographer(s)
movements are sometimes restricted by the official in charge. The area from which the
photographer(s) is able to cover the ceremony may not be the photographer(s) choice and
the photographer(s) cannot accept responsibility or liability for any obstructed view should
this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The
photographing of parts or even all of the ceremony may be restricted or prohibited.
10. For a wedding or other event booking, the photographer(s) shall endeavour to capture all
the moments throughout the day as they occur. However, because of the fluid nature of the
event, some moments might not be recorded, or not recorded for logistical reasons.
11. Due to the limitations of computer monitors, it is understood that (1) images appear
differently according to the specification of each monitor (2) prints will not match images
rendered on any particular computer monitor.
12. Although all equipment is checked regularly and reasonable steps are taken to ensure
backup equipment is available, the photographer(s) will not be responsible for photographs
that are not produced due to technical failure, either at the shooting or processing stage.
13. The client(s) will be liable to pay any additional expenses incurred by the photographer(s)
not already included within the contract price. This includes for example access fees charged
by some venues or similar places.
14. Travel expenses (other than specified in the contract summary) need to be covered at full
cost before the journey takes place.
COMPLAINTS:
1. Any complaints must be received in writing within seven (7) days of receipt of services
provided or products purchased (including digital products). This includes photographs, USB-
sticks, albums, and any other services that have been agreed.
2. Where the complaint is about a product then a period of 14 days is required for inspection
of the product. You must return the product to Smilephotoart , in the packaging it was sent
in. You have to pay the return postage.
FORCE MAJEURE:
In the event of cancellation by the photographer(s), or in the unlikely event of total
photographic failure (although re-shoots may be arranged if practicable) – the photographer(s)
will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be
limited to a full refund of any deposits and fees paid.
Information we may collect from you:
We may collect and process the following data about you:
1. Information that you provide by filling in forms on our site. This includes information
provided at the time of registering to use our site, subscribing to our service, posting
material or requesting further services.
2. Once you choose to provide us with personal information, you can be assured it will be used
only to support your relationship with us. We take seriously the trust you place in us and will
not share, sell, rent or lease your personal information to others.
3. If you contact us, we may keep a record of that correspondence.
4. Details of your visits to our site including, but not limited to, traffic data, location data,
weblogs and other communication data, whether this is required for our own billing
purposes or otherwise and the resources that you access.
5. Our site may, from time to time, contain links to and from the websites of our partner
networks, advertisers and affiliates. If you follow a link to any of these websites, please note
that these websites have their own privacy policies and that we do not accept any
responsibility or liability for these policies. Please check these policies before you submit any
personal data to these websites.
6. We may collect the following information: name – email address – demographic information
such as address and postcode – other information relevant to customer surveys and/or
offers.
SOCIAL MEDIA PLATFORMS
Communication, engagement and actions taken through external social media platforms that this
website and its owners participate on are custom to the terms and conditions as well as the privacy
policies held with each social media platform respectively.