Terms & Conditions

These Terms and Conditions are the standard terms that apply to all photography services provided by us, Family First Photography Ltd (“the Photographer”), a company registered in England and Wales under company number 10413575, of Gladstone Business Centre, Gladstone Road, Northampton, NN5 7QA, whose registered office is at Sovereign Court, 230 Upper Fifth Street, Central Milton Keynes, MK9 2HR.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Booking” means your request to acquire our Services as set out in clause 2;
“Booking Confirmation” means our acceptance and confirmation of your Booking as described in clause 2.3;
“Contract” means the contract for the provision of our Services, incorporating these Terms and Conditions, as explained in clause 2; “Customer” means you, the consumer (as defined in the Consumer Rights Act 2015) or business purchasing our Services. Where an individual is entering into this Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be the Customer in the context of this Contract; “Deposit” means an advance payment made to us under clauses 4.1 and 6.1;
“Photo Shoot” means all stages of our Services provided to you including preparation beforehand, the taking of photographs and the processing of photographs;
“Price” means the price payable for our Services and the photographs; “Services” means the services provided by us;
“Website” means www.familyfirstphotography.co.uk.
1.2 Unless the context otherwise requires, each reference in these Terms &
Conditions to:
1.2.1 “writing” and ”written” includes emails, text messages and similar
communications;
1.2.2 “we”, “us” and “our” is a reference to the Photographer;
1.2.3 “you” and “your” is a reference to the Client;
1.2.4 a statute or a provision of a statute is a reference to that statute or
provision as amended or re-enacted at the relevant time;
1.2.5 “these Terms and Conditions” is a reference to these Terms and
Conditions as amended or supplemented at the relevant time;
1.2.6 a clause is a reference to a clause of these Terms and Conditions.
1.2.7 a "Party" or the "Parties" refer to the parties to these Terms and
Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only
and shall have no effect upon their interpretation.
1.4 Words imparting the singular number shall include the plural and vice versa.
References to any gender shall include the other gender. References to persons shall include corporations.
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of our Services and will form the basis of the Contract between you and us. Under the Contract, we will provide our Services and you will pay for them in accordance with the terms set out in these Terms and Conditions. Before making your booking, please ensure that you have read these Terms and Conditions carefully.
2.2 You may make the booking over the phone, in person, or by email or post.
2.3 A legally binding Contract between you and us (which will include these Terms and Conditions) will be created when we accept your Booking, indicated by our Booking Confirmation. Booking Confirmations will be provided in writing.
2.4 You may change your Booking at any time prior to the date of the Photo Shoot by contacting us. Please note that there may be certain changes that cannot be accommodated but we will let you know this when you contact us. Under certain circumstances, if you reschedule the Photo Shoot, a new Deposit may be payable, reflecting our lost opportunity to make bookings with other customers. Please refer to clause 12 for further details. We may not be able to accommodate a request for a rescheduled Photo Shoot if a booking has already been made by another customer on your requested date.
2.5 If your Booking is changed, we will inform you of any change to the Price in writing.
3. Our Services
3.1 As required by law, we will provide our Services with reasonable skill and care, consistent with best practices and standards in the industry, and in accordance with any information provided by us about our company and our Services.
3.2 Please provide us with as much information as possible about the Photo Shoot when making your Booking, including any specific photographs or compositions that you may require. However, any such photographs and compositions discussed are a guide only and are dependent on the circumstances, such as timing, weather, venue issues, willingness of participants, and delays.
3.3 We will use our own exclusive judgement when selecting equipment and deciding upon artistic factors such as composition, lighting and photographic style.
3.4 We will use all endeavours to provide you with the best possible photographs, however this is subject to the venue’s allowances. Please also bear in mind that impractical layout and low lighting could significantly affect the quality of the photographs. Confetti photographs are subject to the venue’s policies regarding this.
3.5 We will take as many photographs as we deem appropriate so we can provide you with the best choice when processing and preparing the final photographs. The number of photographs taken during the Photo Shoot will not affect the Price payable.
3.6 You are responsible for ensuring any children and animals are accompanied and fully supervised at all times during the Photo Shoot.
3.7 You agree that we will be the sole professional photographer for the Photo Shoot.
3.8 You confirm your acceptance and satisfaction with any photographs on viewing the same. Any additional editing required after this will be chargeable. Any photographs will be exactly as viewed and any concerns must be addressed to us at this time.
4. Wedding Photo Shoots
4.1 At the time you make your Booking, you will be required to pay a Deposit of £300 in order to secure the date. Bookings will not be deemed confirmed until the Deposit is paid in full.
4.2 The balance (including any additional expenses agreed under clause 7.3) is to be received on the day of the Photo Shoot.
4.3 Please note, we will stop taking pictures up to a maximum of one hour after the first dance.
5. School and Nursery Photo Shoots
5.1 For school Photo Shoots, we will take a maximum of 6 photographs per child 5.2 For nursery Photo Shoots, we will take a maximum of 30 photographs per
child.
5.3 We will make the photographs available for download via our Website within 10 days of the Photo Shoot. Any selected photographs will be posted directly to the payee within 21 days of payment being received (in accordance with clause 7.5).
6. Corporate Photo Shoots
6.1 We reserve the right to request a Deposit payment up front to secure the date. In this event, Bookings will not be deemed confirmed until the Deposit is paid in full.
6.2 We will invoice the balance after the Photo Shoot has taken place. All invoices are payable within 30 days from the date of invoice.
6.3 If you do not make payment to us by the due date, we reserve the right to charge you interest on the overdue sum at the rate of 4% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
6.4 Clauses 9.3, 9.4 and 10.7 do not apply to business Customers.
7. Price and Payment
7.1 The Price of our Services will be calculated and advised to you before you make your Booking. Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
7.2 All Prices include VAT. If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where you have already made payment in full.
7.3 We may charge reasonable expenses in addition to the Price, such as for travel and accommodation. No such sums will be incurred or charged unless you agree this in advance.
7.4 We accept payment by way of in cash into our bank, bank transfers or by credit or debit card. Please note we do not accept payment by American Express.
7.5 All payments for orders placed via our Website must be made at the time of order and you will be prompted to pay during the order process. Payments made via the Website will go through an online payment gateway provider, such as PayPal. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions, or incorrect charges that may be made by such third party.
7.6 We will not provide you with your photographs until we have received the final payment. Provided payment is received on the due date, we will make the photographs available to you, in the format agreed, within 10 days from the date of the Photo Shoot.
7.7 Where any refund is due to you under any of the provisions of these Terms and Conditions (including, but not limited to refunds in the event of cancellation under clause 12), such refunds will be made as soon as is reasonably possible, and in any event within 14 days, by the same payment method originally used by you, unless you request an alternative method.
7.8 We reserve the right to charge a waiting fee for wasted visits or delays caused by any reason beyond our control, either before, during or after the Photo Shoot.
8. Copyright and Licence
8.1 The copyright in all photographs taken by us is, and shall remain, our property until the final payment is received by us in full. If you are purchasing the photographs on disc, you will own the copyright once this final payment is received.
8.2 You shall have the right to use the photographs only for personal purposes. Commercial use of any kind is prohibited without our prior written agreement.
8.3 You may not sub-licence the copyright in the photographs without our prior written consent.
8.4 Unless you expressly request otherwise, we reserve the right to use the photographs in any advertising or promotional material without any payment to you, provided such material is only related to us or our Services.
8.5 The copyright granted by us to you may be revoked if you breach any of these terms.
9. Problems with our Services and Your Legal Rights
9.1 We will always use our reasonable efforts to ensure that our provision of the Services is trouble-free. If, however, there is a problem with our Services, please inform us as soon as is reasonably possible. We will use all endeavours to remedy problems with our Services as quickly as is reasonably possible and practical.
9.2 We will not charge you for remedying problems under this clause 9 where the problems have been caused by us or where nobody is at fault. If we find that the problem has been caused by any action or omission on your part, we may charge you a reasonable sum for remedial work required.
9.3 If you are a consumer, you have certain legal rights with respect to the purchase of services and if the photographs (and any other work) produced for you under these Terms and Conditions are supplied as digital content, you also have other legal rights. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens’ Advice Bureau or Trading Standards Office. If we do not perform our Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to request a reduction in price.
9.4 Any digital content that we supply to you must be of satisfactory quality, it
must be fit for purpose (where any such purpose has been made known to us, whether expressly or by implication), and it must match any description and other information given by us. Due to the nature of digital content you are unable to reject digital content which does not comply with the above; however you may have the right to a repair or replacement or, if these are not possible, to a price reduction up to the full Price. If digital content provided by us under these Terms and Conditions damages your device(s) as a result of our failure to exercise reasonable skill and care, you also have the legal right to compensation for such damage which may take the form of a repair or replacement, or financial compensation.
10. Our Liability
10.1 We have in place Public liability insurance with an indemnity limit of £1 million.
10.2 Please note our insurance does not cover any risks to third parties on any premises where the Photo Shoot is to be held and any third party enters such premises entirely at their own risk.
10.3 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence (including that of any of our employees, agents or sub- contractors). Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.4 Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.5 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of any of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.6 Nothing in these Terms and Conditions seeks to exclude or limit our liability for failing to perform our Services with reasonable care and skill or in accordance with information provided by us about our Services or about ourselves, nor for our failure to supply digital content that is of satisfactory quality, fit for purpose and as described.
10.7 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism or war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
11.2 If any event described under this clause 11 occurs that is likely to adversely affect the performance of our obligations under these Terms and Conditions:
11.2.1 we will inform you as soon as is reasonably possible;
11.2.2 our obligations under these Terms and Conditions will be suspended
and any time limits that we are bound by will be extended
accordingly (where such extension is reasonably possible);
11.2.3 we will inform you when the event outside of our reasonable control is over and provide any new dates, times or availability as
necessary;
11.2.4 If an event outside of our reasonable control occurs and you wish to
cancel the Contract, you may do so in accordance with your right to
Cancel under clause 12.2.6;
11.2.5 If the event outside of our reasonable control continues for more
than 30 days or is likely to prevent us from providing our Services on the date of the Photo Shoot, the Contract will be cancelled in accordance with our right to do so under clause 12.4.3, and you will be informed of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 days of our cancellation notice.
12. Rescheduling and Cancellation
12.1 You may cancel or reschedule the Photo Shoot for any reason at any time. Any and all refunds due will be paid to you as soon as is reasonably possible, and in any event within 14 days of our acceptance of your cancellation notice. Subject to clauses 12.2 to 12.5, the following shall apply to cancellation or rescheduling:
12.1.1 If you cancel the Photo Shoot (and the Contract) more than 6 months prior to the date of the Photo Shoot, we will refund all sums paid, including any Deposit;
12.1.2 If you reschedule the Photo Shoot at any time prior to the date of the Photo Shoot, we will retain all sums paid, including any Deposit, and such sums shall count towards the rescheduled Photo Shoot. We will use every effort to accommodate your preferred rescheduled date but we cannot guarantee this will be possible;
12.1.3 If you cancel the Photo Shoot (and the Contract) less than 6 months prior to the date of the Photo Shoot, we will retain any Deposit paid but no other payment will be required.
12.2 If any of the following occur, you may cancel the Contract immediately by giving us written notice. If you have made any payment to us (including but
not limited to any Deposit) that/those sum(s) will be refunded to you as soon as is reasonably possible, and in any event, within 14 days of our acceptance of your cancellation:
12.2.1 we breach the Contract in any material way and have failed to
remedy that breach within 14 days of you asking us to do so (where it is reasonably possible to remedy such breach. If it is not, the material breach will trigger the right to cancel immediately); or
12.2.2 a receiver is appointed of any of our property or assets;
12.2.3 we become subject to an administration order (within the meaning of
the Insolvency Act 1986);
12.2.4 we go into liquidation (except for the purposes of amalgamation or
re-construction in such a way that the resulting company effectively agrees to be bound by or assume the obligations imposed on us by the Contract);
12.2.5 we cease, or threaten to cease, to carry on business;
12.2.6 we are unable to provide our Services due to an event outside of our
control (as under clause 11.2.4); or
12.2.7 we change these Terms and Conditions to your material disadvantage.
12.3 We may cancel the Photo Shoot for any reason at any time prior to the date of the Photo Shoot. If you have made any payment to us (including but not limited to the Deposit) that/those sum(s) will be refunded to you. The refund will be our sole liability.
12.4 If any of the following occur, we may cancel the Contract immediately by giving you written notice:
12.4.1 You fail to make a payment on time as required under these Terms and Conditions (this does not affect our right to charge interest on overdue sums under clause 6.3); or
12.4.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 days of us asking you to do so in writing; or
12.4.3 We are unable to provide our Services due to an event outside of our control (for a period longer than that in clause 11.2.5).
12.5 If cancellation under clauses 12.4.1 or 12.4.2 occurs, we will retain all sums paid, including your Deposit. If we cancel the Contract at any time under clause 12.4.3, all sums paid including your Deposit will be refunded. Any and all refunds due under this clause 12.5 will be made as soon as is reasonably possible, and in any event within 14 days of our cancellation notice.
12.6 For the purposes of this clause 12 (and in particular, clauses 12.2.1 and 12.4.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under clause 12.2.1 and us under clause 12.4.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
13. Communication, Complaints and Feedback
13.1 We welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless wants to hear from you if you have any cause for complaint.
13.2 All complaints are handled in accordance with our complaints handling policy and procedure, available on request.
13.3 If you wish to contact us about any aspect of your dealings with us, please contact us in one of the following ways:
13.3.1 In writing, to Family First Photography Ltd, Gladstone Business
Centre, Gladstone Road, Northampton, NN5 7QA;
13.3.2 By email, addressed to info@familyfirstphotography.co.uk; or 13.3.3 Using the contact form available on our Website.
14. How We Use Your Personal Information (Data Protection)
14.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:
14.2.1 Provide our Services to you;
14.2.2 Process your payment for our Services;
14.2.3 Inform you of new products and services available from us. You
may request that we stop sending you this information at any time. 14.3 We will not pass on your personal information to any third parties without first
obtaining your express permission.
15. Other Important Terms
15.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.
15.2 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
15.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.4 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
15.5 Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
16. Law and Jurisdiction
16.1 These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, England law.
16.2 Any dispute between the parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.