Terms of Service
1. Definitions – It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Musselwhite Photography Ltd (also called “the Photographer” or “the Photographers”) in writing.
2. Agreement and acceptance of terms. All agreements and transaction between Musselwhite Photography Ltd and any clients are subject to these terms and conditions. All clients who complete an order for images from Musselwhite Photography Ltd agree from that point forward to be bound by these terms and conditions.
3. Copyright – The 1988 Copyright Act assigns the copyright to Musselwhite Photography Ltd. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Musselwhite Photography Ltd has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.
Digital Reselling (for online platforms ie. Only Fans etc) must post a credit to www.musselwhitephotography.com on all content shared. 'Digital Reselling Fee' will also apply - please ask for more details before booking your shoot.
4. Display – Musselwhite Photography Ltd reserves the right for any photograph created during sessions to be displayed in the studio, portfolio, or in any other advertising directly associated with the business, unless the subject expresses a wish for their image to not be displayed. Confidentiality of the client, is paramount.
5. Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by Musselwhite Photography Ltd owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by Musselwhite Photography Ltd, liability shall be limited to a full refund of all monies paid.
6. Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
7. Liability – Musselwhite Photography Ltd shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our clients arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
8. Licence – Musselwhite Photography Ltd shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.
9. Photographs – All photograph sizes are nominal. Musselwhite Photography Ltd will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Musselwhite Photography Ltd are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Musselwhite Photography Ltd cannot accept any responsibility for this gradual image deterioration. All portraits purchased are presumed to have been received in good condition unless the Client notifies Musselwhite Photography Ltd in writing of any discrepancy or error within 2 days of receipt.
10. Payment – Full payment must be made before any wall art orders are placed into production, via cash, card or banks transfer. Full payment is also required before digital files are supplied.
10b. Late payments - Any pre signed/committed payments that are altered/paid late, may be subject to a £99 admin fee each time.
11. Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
12. Reprint Orders – All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted if orders are given in writing (email is acceptable).
13. Refund Policy – We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. Once an order has been placed, we will not offer a refund. We may at our discretion allow you to place an order for different products with the same value. This will not affect your statutory rights.
14. Retouching – Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at Musselwhite Photography Ltd's discretion.
15. Storage of Images – Original digital images are kept on an active file for 48 hours post ordering appointment, after which time they will be deleted unless expressly stated otherwise by Musselwhite Photography Ltd. All ordered images will be kept permanently, where possible. We recommend ALL clients purchasing digital files, back them up to several locations to keep them safe.
16. Data Protection – In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as is necessary. The Photographer will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact the Director at the address listed on the contract/invoice.
17. Lead times – are as follows;
Collections – ready at the Reveal Session OR 6 weeks, Wall Art – 6 weeks.
These lead times are an estimate of the time it will take for your order to be ready for collection. Urgent orders are at the discretion of the management. There can be seasonal delays which apply during busy periods such as Christmas, or courier issues with bad weather. Wherever possible we advise of the expected lead time at point of ordering taking in to consideration these influences that are beyond control.
18. Collection and Delivery – All orders must be collected from the premises. In some circumstances (i.e. long distances) delivery can be arranged, there ‘may’ be an additional packaging charge.
19a. Refundable deposits are taken to safeguard our diary from any ongoing changes.
A refundable booking deposit of £50 is required for all bookings.
You have 48 hours notice from booking (any appointments) to make any changes in booked appointment date & times.
If you move any appointment after this 48 hr window is complete, your refundable deposit may be used to pay a £50 cancellation fee.
You are strongly encouraged to review all confirmation emails & website information thoroughly and ensure booked dates are suitable, straight after your booking call.
In the event of 2 or more late cancellation/postponements, the refundable booking deposit is raised to £100.
At the end of your journey, providing the above terms have been met, your deposit is returned back to you.
** COVID-19 If due to your/our self isolation kicking in, or government directive that we need to close - we re happy to rearrange at no charge. Cancellation/postponement terms remain as above. **
19b. Shoot fees are taken (from direct booked clients) at your Design Consultation, once confirmed that you'd like to go ahead with your booking.
20. Clients may return for the same genre shoot multiple times but may not be eligible for multiple promotional offers redeemed during that period.
21. Data collection. We will NOT share your personal information with other companies, for any reason. Referral data can only be accepted by clients with the referral’s permission.
If you have any questions regarding storage of your data, you can contact us.
Email to: firstname.lastname@example.org
In writing to: 17 Fairway Business Centre, Airport Service Road, Portsmouth, PO3 5NU.
22. DISCOUNT PROMOTIONS
Only one discount can be redeemed per order, discount promotions are non transferable. Any shoots purchased or offered at a promotional rate apply to that shoot only.