Terms and Conditions
Thank you for booking with Lavern Washington Photography.
It is important to protect us both that you read, agree and sign this contract. If you have any questions, please do let us know and we will do our best to answer them.
The Parties agree to the terms and conditions below, and acknowledge that they have received, read, and understand the Photographer’s current session information and product guides.
Note – For the purpose of this document Lavern Washington Photography shall be referred to as LWP. The visitor to the site or the individual (whether representing an organisation or not) who orders an image shall be referred to as the Client.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) By booking with LWP you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for newborn, portrait sessions, castings and silver jewellery are non-refundable except in the event LWP cancels the booking.
3) IMAGES ONLINE
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by LWP for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of LWP, whether the copyright has been removed or not, a copyright infringement fee of £500 per image will be applied to avoid court action and must be paid within 28 days. We do not sell or offer RAW images.
4) FULFILMENT OF OBLIGATIONS
a) LWP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as LWP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client fails to read the supplied brochure & guide, therefore fails to carry out required preparations prior to a newborn session, LWP will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) If Client is more than 20 minutes late for a session without communication the session is cancelled, and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.
5) CAKE SMASH SESSION
a) We don't provide the cakes due to not having a hygiene certificate, therefore all clients must bring their own cake to the session.
a) All images produced by LWP are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by LWP. LWP will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at LWP studio
b) All prices are subject to change without notice by LWP. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although LWP will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
8) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and LWP, LWP shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the client’s full expectations. In the event of un-co-operative children at a session of any kind, for any reason, (including smiling) LWP may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) LWP fully edits all images before presenting to Client. Additional edits are carried out at the discretion of LWP, and LWP reserves the right to charge the Client for additional editing to cover time involved, at a rate of £15 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
c) lf The Client does not view or purchase images within three months of the session without arrangement, LWP will assume they are not wanted and will delete all files.
9) COPYRIGHT & REPRODUCTION
a) Copyright is retained by LWP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of LWP. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without LWP’s written permission.
c) Permission to reproduce a picture is granted to the Client by LWP only when a fee for the reproduction has been agreed with LWP and an invoice has been issued by LWP and paid in full by the Client to LWP.
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to LWP an unauthorised use fee of £500 per image or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by LWP is personal to the Client and may not be assigned to any third party without LWP’s prior written consent.
f) The Client will fully indemnify LWP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without LWP’s prior written consent).
a) While LWP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client, or any third party caused by any errors.
11) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies LWP in writing of any discrepancy or error within 7 days of receipt.
12) COOLING OFF PERIOD
a) There is a 48hr cooling off period where Clients may cancel any booking from the day LWP acknowledges the booking via email confirmation.
b) Because of the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, (i.e., image number, print size, frame style, etc.), the Client does not have the right to a cooling off period, refund or exchange on products of any kind once the order has been placed.
c) By placing an order with LWP you are committing to buy the ordered products.
13) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Lavern Washington Photography, 35 Hazel Grove, Pontefract WF8 2WE. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
e) Postage and Package is available at the standard rate from £7.50-£10.00 per order via Recorded Delivery for small packages. We do not advise clients to have Wall Art products postage especially Frames, we can however offer this service, the price for larger items ranges from £10-£20 via Parcel Force. Items are available for tracking however we do advise clients any items posted are at their own risk and the studio is not liable for any damage or lost items if not covered under the standard insurance offered, unless clients pay additional insurance to cover larger more expensive orders over the value of £200
14) USE OF PICTURES
a) LWP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
15) MODEL RELEASE
a) Unless specified in writing, LWP makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
16) IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE UNDER THE LAW, THE VALIDITY OF THIS AGREEMENT AS A WHOLE SHALL NOT BE AFFECTED, AND THE OTHER PROVISIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
17) CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of LWP.
19) GIFT VOUCHERS
a) Gift vouchers purchased from LWP are only valid for 12 months from date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non transferable. No refunds will be given.
c) Only one give voucher can be used per session.
20) ONLINE GALLERIES
a) LWP don't offer online galleries. However is the client lives more than 2hrs away we may be able to offer this, the gallery would be live for 48hrs.
b) The first reopening of online galleries will incur an admin charge of £25. Reopening of galleries after this will incur a charge equal to the lowest available digital package, payable towards the final order.
a) All bookings made from 24th March 2020 onwards are subject to government guidelines regarding Covid 19. Should your session be unable to go ahead, it will be swapped for an age-appropriate session of equal value as soon as it is safe to do so.
b) While every safety precaution is taken to minimise risk, by placing a booking Client accepts that LWP will not be held responsible for any infection of COVID-19 after Clients session of any kind.
IMAGES AND ORDERS
IMAGES ARE KEPT FOR A SIX-MONTH PERIOD AT THE DISCRETION OF Lavern Washington Photography.
Orders will be kept for 6months if you do not collect your order within this timescale it will be disposed of, you will receive at least 3 emails or messages beforehand.
You have 12 months to choose any wall art which is included in your package after this date you will not be able to order your wall art which comes with your package, our products change and pricing from suppliers, if you would still like the wall art you would need to pay the difference.
At Lavern Washington Photography (LWP), your privacy and the safeguarding of your data is very important to us, and there are a few fundamental principles that we follow:
-We don’t ask you for personal information unless we truly need it
-We don’t share your personal information with anyone except to comply with the law, develop our services, or protect our rights.
-We don’t store personal information on our database unless required for the ongoing operation of our services.
The use of the LWP website is possible without any indication of your personal data; however, if a data subject wants to use services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for this processing, we generally obtain your consent.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to LWP. With this data protection declaration, LWP aims to inform you of the nature, scope, and purpose of the personal data we collect, use and process, as well as the rights to which you are entitled.
As the controller, we at LWP entered numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website – however Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means if preferred, e.g. by telephone.
2. Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Lavern Washington, 35 Hazel Grove, Pontefract, WF8 2WE
3. Collection of general data and information
The website of LWP collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files.
Collected may be
(1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, LWP does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, LWP analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of the company, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.