Our Photography Business Terms...

General Photography Terms

1. Payment for print orders, albums, frames or other products is requested at the time of placing the order. Title or any
   inference of ownership of the photographic prints or albums, frames or other physical products does not pass to the purchaser until full cleared payment is received. Prices quoted are valid for 30 days, after which the prices may vary. Prints are sold unmounted, mounts can be purchased in addition.
2. Sizes quoted are approximate. We will provide a pleasing colour balance but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man made fibres it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye. Due to differing light temperatures between indoor light (yellowish/orange) and outdoor natural light (blueish), images may show differing hues. We will attempt to minimise this imbalance between the two environments, when possible, but can not guarantee a complete tonal balance.
3. During your session we will automatically re-take any photograph where we can see someone has blinked or looked
   away but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to
   see. We can’t ensure that “little-ones” will always smile if we ask them!
4. Digital image files are retained for 2 years for Wedding sessions, 1 year for Commercial sessions and 6 months for Portrait sessions. Online proofs will be removed after 50 days. Low Res and Hi Res CDs of all images are available for purchase if not included in your package. We guarantee these CDs for 6 months and recommend that they are backed up immediately upon receipt, such backups and copying is fully included in the creative license that accompanies the CD.
5. The 1988 Copyright Act assigns the copyright to the VisualChaos Studios photographer. It is contrary to the Act and
   strictly illegal to copy or to allow being copied, any photographs or digital images/files (this includes downloading from
   our web site or those of our agents ). All digital image files remain the intellectual property of the photographer.
6. VisualChaos Studios reserves the right to use the proofs, prints, images and digital image files for display at the studio, in publicity and marketing material and in websites online, including our Facebook and Twitter pages, for promotional, re-sale, competition entry and any other purpose without liability or compensation to the client or photographic subject. All photography session bookings are accepted by VisualChaos Studios on the basis of these Terms & Conditions, which amounts to a “Model Release” from those people in the images for the described use above. If this is unacceptable to you, then please write to us withdrawing your approval to this clause stating that you do not give your permission to such use, or alternatively, to what limitation you would like to apply to the image’s usage. Please note that our pricing is based on your acceptance of these Terms and therefore a request to remove/amend clause 6 will alter the price for the session or products. Please contact us for new pricing prior to your session as attendence at the session amounts to acceptence of these Terms.
7. We will endeavour to take all the photographs we have agreed. However, it may not be possible due to circumstances beyond our control, for example if timings have altered or the weather changes and shots outdoors can not be taken or the subjects become reluctant to have their pictures taken or due to technical failure of our equipment. Also, it is often the case that subjects 'resist' having their picture taken by maybe turning away. Our photographers will use their best endeavours to obtain their cooperation, but will not push 'reluctant subjects' into having their picture taken. At all times we will do our very best to follow your wishes, however photographic coverage will be as the photographer's professional expertise determines and no one photograph will be deemed more important than another. Special requests are not binding instruction although naturally every effort will be made to comply with all your requirements. We may not submit to you all the photographs we take at the session, the final selection of images submitted will be entirely at our discretion.
8. It is your responsibility to inform us if there are any subjects who you, or another person, does not wish to have pictures taken, in particular pictures of children or if there are any children attending that require their identity / image to be withheld due to any court instruction/order or legal matter. If this then becomes evident after the session, please let us know immediately.
9. Images will be made available online on our website or that of our agents for a period of time for viewing and proofing, we do not provide hardcopy proofs. You will be given a session number or ID to use to access your images.
10. The responsibility of VisualChaos Studios or its agents (including but not limited to photographers, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the customer in the case of any negligence of breach of this contract is limited to the cost to the customer of the booked service at the time of booking, and only to the maximum balance already cleared and paid over to VisualChaos Studios.
11. In exceptional circumstances such as ill health or incapacity and without notice it may be necessary for the original
    photographer specified to be substituted by another equally competent photographer, or in extreme cases, for the session to be cancelled/postponed. You will be kept informed as much is humanly possible.
12. Retouching, digital manipulation and artistic finishing is available as an optional extra at such rates that are published
    by VisualChaos Studios from time to time.
13. Force Majeure or Act of God: The due performance of this contract is subject to alteration or cancellation by VisualChaos Studios owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made.
14. In the event of any dispute regarding these terms or any contract between us and you, both parties agree to consult the British Institute of Professional Photographers to try and obtain conciliation before taking any other action.

Promotions, Discounts and Incentives

1. From time to time we may offer discounts, or introduce promotions and incentive schemes for our customers. Such promotions, discounts and incentives, are subject to change and cancellation at anytime and without notice. They are often run for a specific time periods or group of customers, a subscription to our Newsletter is important to be made made aware of promotions, discounts or incentive schemes. Such promotions and incentives may have further terms associated,
2. Promotions, discounts and incentives are not applicable to historic/past purchases and may be subject to further individual terms and conditions, if in doubt, please contact us.
3. Promotions, discounts and incentives can only by applied to bookings and purchases made online at our commercial store www.visualchaosstudios.co.uk or when purchasing from our online image proofing area (theImageFile). Promotions, discounts and incentives are not valid for sessions, products, purchases and bookings administered in any other way i.e. over the phone or via the post.
4. We offer a free digital image from each standard studio Portrait and Joey Club photography session (only). This image is to be selected from the images presented and must be ordered within 45 days of the session being presented and order via you online form available in the Client My Account Dashboard area. Once the session has expired from the online proofing area the Free Image promotion expires.

Wedding Session Additional Terms

1. When booking a wedding session, a nonrefundable deposit of £250 is payable on booking (£300 with Vogue Weddings). The remaining balance is due 14 days before the session date and is not refundable. IMPORTANT: VisualChaos Studios may amend or cancel any wedding photography booking where the balance due is not paid prior to the wedding. If VisualChaos Studios decides to continue with the booking without payment having been made prior to the wedding - and at its sole discretion - VisualChaos Studios will retained the images taken at the wedding for a further 30 days while we await payment. If the balance remains unpaid following 30 days from the wedding date the images will then be deleted without further notice.
2. There is no charge made for travel to and from the venue UNLESS otherwise stated and quoted at the time of booking. Typically we may charge for travel and accommodation at cost or rate of 45p per mile (subject to change to remain inline with fuel costs). We will calculate an estimate for you based on the information you have supplied.
3. Due to the possibility of high and low temperatures and volatile weather conditions that may be experienced at your wedding, it is a requirement for health and safety reasons that our photographers take the appropriate measures and breaks to ensure that they are protected from such conditions as hot midday sun, rain and strong winds. This may mean that they will be unavailable for short periods while they take any appropriate natural breaks, refreshment, sustenance, protecting electrical equipment from the rain, or to warm up in winter.
4. We do not entertain a 'reserved date' policy, and will only take a wedding booking upon the receipt of the booking deposit in cleared funds and the booking form which needs to be complete.

Portrait Session Additional Terms

1. We limit our family session to a maximum of 10 people due to the size of our studio. If you have more in your group then you must contact us to discuss before your session so that appropriate arrangements can be made to arrange the studio and accommodate you. Please also contact us prior to the session if special consideration or arranges are required for some one with a disability or has a special need such as access to the building.
2. It is your responsibility to control your children's behaviour while at the studio. We do all that we can to ensure a safe environment for our customers and staff, however, a working studio is not a play area or crèche for children, and they must be supervised at all times. Please do not allow your children to play with the albums, frames and equipment as they can present a costly bill for parents if damaged.
3. Not that it has happened to date, but to be clear, we do not tolerate disrespect to our staff or offensive or aggressive tone or bad behaviour. Such customers will be asked to leave and their membership/registration/session terminated without refund.
4. If you need to cancel your photography session, please let us no as soon as possible. Session fees are not refundable but may be transferred at our discretion and availability.
5. Images from a Portrait Session are kept online for 50 days, after which they are deleted. Please contact us prior to the 50 day expiry date if you wish the session to be available online for a further period after this time.

Commercial Session Additional Terms

1. Invoices are raised following the completion of the booking/session for immediate payment, unless credit terms are agreed in advance.
2. Unless otherwise stated or agreed, times and costs are professionally estimated and may change following completion of the booking. We will notify you if this is likely to be the case, if possible at the time, but it should be noted that we may need to make a professional judgment upon extending a booked session while on location without access to our primary contact for direction or approval.
3. Prices and costs quoted/estimated are VAT exclusive, VAT will be applied to our final invoice at the current standard rate.
4. Images are made available to Commercial clients under our standard license, please ensure that you make us aware of any inadequacy with this license for your purposes BEFORE the session is completed. here is a link to our Standard Commercial Image License.
5. If invoices remain unpaid following 30 days, interest willbe added to the balance at the rate of 4% above the interest rate publish by the bank of England.
6. Image licenses will be deemed void when unpaid invoices exceed 30 days, and all images must be removed from publication and use, until such time as payments are received in full.

Session and Booking Cancellations

1. If you need to cancel or postpone your photography session, please contact us as soon as possible. We will do our best to accommodate a change request to the booking date or time, but any changes are subject to our availability.
2. Wedding Photography booking deposits are not refundable under any circumstances. Please accept that we are likely to have sustained significant financial loss from the cancellation of a wedding, or the booking of our studio and are not able to re-book the session.
3. Photography session fees whether paid in advance or due on the day are not refundable but may be transferable to a future photography session subject to our approval. A booking with our studio is a contracted commitment to attend, in return we will refuse other bookings from other clients for the same date and time.
4. If you do not contact us prior to a photography session booking and subsequently do not show up, we will assume that you wish to cancel your registration with us and we will delete your registration accordingly without further communication with you. Any session fees due will remain outstanding as a debt with us. We may, at our discretion, re-instate a client registration that was previously de-registered subject to the payment of an administration charge of £15. At all times we encourage you to talk to us if you have any problems.

It is agreed that these Booking Terms set out herein are the Terms and Conditions upon which your booking is accepted and represents the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.