Terms and Conditions

These terms and conditions apply between You (the Client), and me, Steve Sant trading as Steve Sant Photography (the Photographer).

1. Meanings

In this Agreement, the following terms are defined:

Deliverables – all photographs, negatives, videos and other materials provided by the Photographer, in whatever form, including but not limited to hard copy and electronic form, which are developed, created, prepared or devised by the Photographer in the provision of services to The Client;
Shoot – a time/date agreed between the Client and the Photographer to meet for the purposes of photographic work.
Agreement – this agreement for the provision of the Services (as defined below) including any schedules
Services – the services to be provided by the Photographer in a photographer capacity for the Client as described in the section entitled ‘Provision of Services’;
Intellectual Property Rights – any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the Photographer in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future;

In this Agreement, unless the context requires a different interpretation:

the singular includes the plural and vice versa;
references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement;
a reference to a person includes firms, companies, government entities, trusts and partnerships;
“including” is understood to mean “including without limitation”;
reference to any statutory provision includes any modification or amendment of it;
the headings and subheadings do not form part of this Agreement; and
“writing” or “written” will include e-mail or an SMS message, unless otherwise stated. Any form of communication using a system where messages can later be deleted are excluded from this agreement.

2. Use of this website

The Client must be at least 18 years of age to use this Website (stevesant.co.uk and all sub-domains). By using the Website and agreeing to these terms and conditions, The Client represents and warrants that they are at least 18 years of age.

All Content on this website is the property and copyright of the Photographer. Content includes layout/design, text, images, video, and any downloadable software.

You may for your own personal non-commercial use retrieve the content in as far as is necessary to display and view the Content and interact with the website.

You must not otherwise reproduce, copy or distribute any Content without the express written permission of the Photographer.

This website may contain links, or use services or software provided by third parties. The Photographer assumes no responsibility for such services or software or their contents and disclaims liability for any loss or damage arising as a result of their use.

3. Limitation of liability

Nothing in this Agreement limits or excludes either party’s liability for:

death or personal injury caused by its negligence; or
fraud or fraudulent misrepresentation or wilful default; or
liability under the indemnities contained in the section entitled ‘Indemnity’; or
any other liability which cannot be limited or excluded by applicable law.

Subject to the preceding clause, neither party shall have any liability to the other party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement, for:

loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of or damage to goodwill;
loss of use or corruption of software, data or information;
any indirect or consequential loss.

4. Intellectual property

The entire copyright in the Deliverables, including ownership of all materials embodying these rights to the fullest extent permitted by law, is retained by the Photographer at all times throughout the world.
The Photographer grants the Client a royalty-free, exclusive, perpetual worldwide licence of all existing and future Intellectual Property Rights in the Deliverables and all materials for personal non-commercial use.
Insofar as they do not vest automatically by operation of law or under this Agreement, the Photographer holds legal title in these rights on trust for the Client.
The licence comes into effect from the date of payment of the Fees. No use may be made of the Deliverables without the Photographer’s permission until after payment of the Fees is made in full. Any permission that may be given for prior use of the Deliverables will be automatically revoked if full payment of the Fees is not made by the due date.
Where use of the Deliverables is restricted in the licence, permission to use the Deliverables for any purpose other than personal use will be granted upon full payment by the Client of a further fee to be agreed with the Photographer.
The benefit of the licence shall not be assigned to any third party without the Photographer’s permission in writing.
Any changes required to the terms of the licence must be agreed with the Photographer in writing.
The Photographer reserves the right to use the Deliverables for advertising, display or for any other purpose not restricted to use in their portfolio.

5. Provision of Services

The Photographer will attend the Shoot at the location and time agreed when the Shoot was booked. The Photographer will endeavour to contact the Client by phone if the Client does not appear to be present.
The Deliverables in the form of online proofing gallery will normally be made within 72hrs, but at most within 7 days. Access details will be emailed to the Client.
The Deliverables in the form of the final selection of images and free prints included in the Shoot package will normally be made available within a further 72hrs from receiving the Client’s choices, but at most within 7 days.
Hard copy photographs may be collected from the Photographer’s premises by arrangement, hand delivered, or posted by Royal Mail First Class.

6. Cancellations and postponements

Either party may cancel or postpone a Shoot for any reason by giving the other party at least 24 hours written notice. Any deposit paid by the Client will not be forfeit when postponing or cancelling in this way.

Cancellations made within 24 hours of the Shoot will forfeit any deposit paid.

The Photographer may cancel or postpone a shoot with immediate effect if:

the Fees are not paid;
the Client or any person associated with them displays abusive, threatening or otherwise inappropriate behaviour.
the Client or anyone in their household is suffering a transmissible illness
the Client is not present at the agreed location after 20 minutes

7. Privacy

The Photographer respects the Client’s privacy and complies with the GDPR with regard to the Client’s personal information.

This Agreement should be read alongside and is in addition to the Photographer’s Privacy Policy, which can be found here: http://stevesant.co.uk/privacy-policy.

For the purposes of this Agreement:

‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to, the GDPR.
‘GDPR’ means the UK General Data Protection Regulation.
‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

Where the Client supplies Personal Data to the Photographer for the provision of the Services and the Photographer Processes that Personal Data in the course of providing the Services to the Client, the Photographer will comply with the obligations imposed by the Data Protection Laws. The Photographer’s compliance will involve, but is not limited to:

before or at the time of collecting Personal Data, the Photographer will identify the purposes for which information is being collected;
the Photographer will only Process Personal Data for the purposes identified;
the Photographer will respect the Client’s rights in relation to Personal Data;
the Photographer will implement technical and organisational measures to ensure the Client’s Personal Data is secure; and
the Photographer will assist the Client in ensuring compliance with the obligations relating to the security of Processing of Personal Data, the notification of Personal Data breaches to the relevant supervisory authority (as defined in the GDPR), the communication of Personal Data breaches to the data subject, and data protection impact assessments (as defined in the GDPR).

For any enquiries or complaints regarding data privacy, the Client can email the Photographer at info@stevesant.co.uk.

8. General

This Agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.

No party may assign, transfer or sub-contract to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other party.

No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.

The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

A provision which by its intent or terms is meant to survive the termination of the Agreement will do so.

If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.

This Agreement is not an employment contract and nothing in the Agreement will establish any employment relationship between the Photographer and the Client.

Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the Photographer’s registered address or place of business, or sent by email to the Photographer’s main business email address: info@stevesant.co.uk. Notices:

sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day (which, for the purposes of this Agreement, means any day other than a Saturday, Sunday or public holiday in England and Wales) and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
sent by email will be deemed to have been received on the next Working Day after sending.

9. Governing law and jurisdiction

This Agreement will be governed by and interpreted according to English and Welsh law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English and Welsh courts.