The following are the General Terms & Conditions of ELLE BRIGHT Photography LTD. Specific Terms & Conditions may be available for a given competition or other circumstance and these will be detailed in the specific webpage or contract and will override any inconsistencies described here.

AGREEMENT

The Total Agreement – It is agreed that the Terms and Conditions of ELLE BRIGHT Photography LTD form the total agreement made between the parties and that no variation or modification shall be effective unless agreed by both parties in writing.

Changes and Alterations – Although not anticipated these Terms and Conditions may be changed or altered at any time.

DETAILS

Location, Date and Time – A Photoshoot at St Denis’s Chapel, Harewood Park Estate, Harewood End, Herefordshire, HR2 8JS unless otherwise agreed in writing, at a date and time agreed with ELLE BRIGHT Photography LTD.

Bookings – The Photoshoot is only considered booked when the Photoshoot Booking Fee has been paid for in full.

In order to Book the Photoshoot the Client must provide the following:

  • First name
  • Last name
  • email
  • mobile telephone number

Further details may be requested and denoted required information.

The Client authorises ELLE BRIGHT Photography LTD to send emails to the email address provided and to contact the Client via the telephone number provided.

Description of the Photoshoot – Unless otherwise agreed the Photoshoot is expected to last between 15 minutes and 4 hours depending on the type of Photoshoot.

Attendance and Participation – If the agreed Participant/s is/are unable or unwilling to attend and participate in the Photoshoot at the agreed time and location the Photoshoot cannot be transferred or designated to someone else. If the agreed Participant/s is/are unable or unwilling to attend and participate in the Photoshoot at the agreed time and location it may be awarded to someone else at the discretion of ELLE BRIGHT Photography LTD.

Licence – ELLE BRIGHT Photography LTD shall be granted complete artistic licence including in relation to the poses photographed and the props used. The judgement of ELLE BRIGHT Photography LTD regarding the poses and props and number of images taken shall be final. Due to the willingness and ability of subjects it may not be possible to capture all the images requested.

Location, Date and Time of the Image Premiere and Sales Appointment (may be known by other titles such as Image Premiere, Image Reveal, etc.) – The Image Premiere and Sales Appointment will be conducted, in person, at St Denis’s Chapel, HR2 8JS on an agreed date and time with ELLE BRIGHT Photography Ltd.  Typically the Image Premiere and Sales Appointment will take place within 7-21 days after the Photoshoot. In exceptional circumstances this may be extended at the discretion of ELLE BRIGHT Photography LTD but is not typically more than 30 days after the Photoshoot. If the client is unable to attend an Image Viewing and Sales Appointment within 30 days of the date of the Photoshoot a fee may be charged to store the images until such time as the Image Viewing and Sales Appointment may take place. The need for and price of such a fee is at the discretion of ELLE BRIGHT Photography LTD. Typically all images which have not been purchased are purged from the photographer’s data storage after 30 days.

Special Coverage/ Requests – The Client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another.  Special requests are not binding instruction, although every effort is made to comply with the Client’s wishes.

Number of Images at the Image Premiere and Sales Appointment – Although ELLE BRIGHT Photography LTD will do its best to produce more images than set out in the Agreement/ as discussed with the Client, there is no guarantee that any particular number of images will be produced.

Obstruction – The area from which the photographer may be permitted or able to take photographs may not be the photographer’s choice and the photographer cannot take responsibility for any obstructed view. At an event such as a party or wedding the Client is advised to request their guests to allow the photographer unrestricted access to take the photographs commissioned by The Client.

Covid-Secure – ELLE BRIGHT Photography LTD upholds and follows in so far as possible UK government advice and guidelines to be covid-secure.

Meals, OHS, Breaks – The Client understand that for safety reasons ELLE BRIGHT Photography LTD will need meals and refreshments and may require breaks from time to time.

Images – All image sizes are nominal.  The photographer 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 reproduce the exact colour as seen by the human eye.

Retouching – Retouching, digital manipulation and artist finishing may be undertaken on the images at the discretion of ELLE BRIGHT Photography LTD and additional retouching, digital manipulation and artist finishing is available to the Client as an optional extra for which ELLE BRIGHT Photography LTD may charge a fee.

Display – The Client hereby allows ELLE BRIGHT Photography LTD to display any images provided to ELLE BRIGHT Photography LTD or resulting from the Photoshoot and these may be used in marketing and promotional materials by ELLE BRIGHT Photography LTD in print, portfolio, literature, social media, in her studio or exhibitions, advertising and online including commercial use.

Copyright – Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/ electronically or by any other means an image created as part of this contract without the permission of ELLE BRIGHT Photography LTD in writing.

Negatives/digital files – Negatives/digital files remain the property of ELLE BRIGHT Photography LTD.

The Photographer – On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).

Retainer – The Client understands that the Session Fee, Photoshoot Fee, Booking Fee or other Monies Invoiced to secure the exclusive services of the Photographer is a Retainer. Full payment of the Retainer is due at least 30 days before Photoshoot or on the date stated in the invoice. The Client accepts that the Retainer is non-refundable unless otherwise agreed in writing.

Change of Date, Location and/ or Time for Event and On-Location Bookings – The Client agrees to notify ELLE BRIGHT Photography LTD by phone/ email at least 7 days before their booking change of date and/ or location and/ or time. The Client understands that reasonable logistical expenses may be incurred and agrees to reimburse ELLE BRIGHT Photography LTD for reasonable logistical expenses. The Client also understands that ELLE BRIGHT Photography LTD may not be available for an alternate date, location and/ or time and in such circumstances agree to liaise with ELLE BRIGHT Photography LTD to come to a mutually agreeable solution and the Client understands that this may result in the Photoshoot not taking place. The Client accepts that the Retainer is non-refundable.

Change of Date, Location and/ or Time for In-Studio Bookings – The Client agrees to notify ELLE BRIGHT Photography LTD by phone/ email at least 7 days before their booking change of date and/ or time or the client wishes to reschedule their Photoshoot. The Client also understands that ELLE BRIGHT Photography LTD may not be available for an alternate date, location and/ or time and in such circumstances agree to liaise with ELLE BRIGHT Photography LTD to come to a mutually agreeable solution and the Client understands that this may result in the Photoshoot not taking place. The Client accepts that the Retainer is non-refundable.

Cancellation – Upon Payment of the Retainer, the Client accepts that no refunds for change-of-mind will apply. Should the Photoshoot be cancelled, the Client agrees to notify ELLE BRIGHT Photography LTD at least 7 days beofre the booking and ELLE BRIGHT Photography LTD may provide a gift card to the value paid, subject to their discretion. Gift Certificates expire 12 months after date of purchase (unless otherwise stated in Terms & Conditions specific to your booking). Gift Certificates cannot be refunded or exchanged for cash, no change will be given and ELLE BRIGHT Photography LTD will not be liable to replace the Certificate in the event of it being lost, damaged or stolen. In the unlikely event that ELLE BRIGHT Photography LTD cancels ELLE BRIGHT Photography LTD will make all reasonable efforts to provide change of date/ time. Only in the case of a wedding will ELLE BRIGHT Photography LTD make all reasonable efforts to provide substitute photographer.

Fully Refundable Booking Fee – Upon Payment of a Fully Refundable Booking Fee the Client accepts that the Booking Fee is Fully Refundable by the means by which the booking fee was paid by the Client or as a deduction in any order placed at their Image Premiere and Sales Appointment. ELLE BRIGHT Photography LTD will only consider a request for a refund when the following conditions have been met, or at the discretion of ELLE BRIGHT Photography LTD: 1. The Client has attended and participated in the Photoshoot; and 2. The Client has attended and participated in the Image Premiere & Sales Appointment and has seen the images from their Photoshoot as presented by ELLE BRIGHT Photography LTD. Cancellations after 14 days of the fully refundable booking fee being placed on the session cannot be refunded. Fully Refundable Booking Fees are held for a maximum of three months and if the Photoshoot is not completed within 3 months of payment then the fully refundable booking fee can no longer be refunded. The Client understands that they may be requested to submit a form as part of the Refund Process and a decision as to the refund request may take up to 30 days from receipt of said form. 

Order Refunds – There is no refund for digital files or custom photography orders once the order has been placed with ELLE BRIGHT Photography LTD. Due to the bespoke nature of our work once an order has been placed and signed there is no right to reduce, alter or cancel it in any way. There is no refund for a deposit paid towards an order which has not been placed. The Client understands that they may be requested to submit a form as part of the Cancellation and Refund Process and it may take up to 30 days from receipt of said form to provide the Client with a response.

Order Cancellation – There is no refund for digital files or custom photography orders once the order has been placed with ELLE BRIGHT Photography LTD. Failure to pay in full or in accordance with an agreed Payment Plan is considered Cancellation of an Order and there is no refund. Typically all images which have not been purchased are purged from ELLE BRIGHT Photography LTD’s data storage after 30 days. ELLE BRIGHT Photography LTD reserves the right to charge a fee to store images which have not been purchased for an agreed time after which the images will be purged.

Booking Refunds –  The client understand that there is no refund of any booking monies paid to ELLE BRIGHT Photography LTD including and not limited to Professional Hair & Makeup, Travel Fees, etc.. The Client understands that they may be requested to submit a form as part of the Cancellation and Refund Process and it may take up to 30 days from receipt of said form to provide the Client with a response to their refund request.

Harrassment – The Client understands that in the event that ELLE BRIGHT Photography LTD were to experience any inappropriate, threatening, hostile or offensive behaviour from any guest or person at the Photoshoot (including but not limited to, unwelcome sexual advances and verbal or physical conduct or a sexual nature) that ELLE BRIGHT Photography LTD may request that the offending person(s) to be removed from the premises immediately or leave the Photoshoot.

Indemnity – Clients agree that ELLE BRIGHT Photography LTD and related individuals or entities shall not be liable for losses or injuries of any kind resulting from acceptance of the Photoshoot, participation in the Photoshoot, individual, joint or collective technical malfunctions of photographic equipment or online gallery.

Illness/ Injury – In the unlikely event that the photographer falls gravely ill and/ or incapacitated prior to and/ or on the agreed date, the Client understand ELLE BRIGHT Photography LTD will make all reasonable efforts to provide change of date/ time. Only in the case of a wedding will ELLE BRIGHT Photography LTD make all reasonable efforts to provide substitute photographer. Any directions issued to the Client, guests or others during the Photoshoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during the Photoshoot.

Force Majeure or Act of God – The due performance of this agreement is subject to alteration or cancellation by either party owing to force majeure or Act of God.

Limitation of Liability – In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the Retainer. Neither party shall be liable for indirect or consequential loss.

Image Storage Time Limits – After the Image Premiere and Sales Appointment which images are stored is at the ELLE BRIGHT Photography LTD. Typically all images which have not been purchased are purged from the photographer’s data storage after 30 days. The photographer may charge a fee to store images which have not been purchased for an agreed time after which the images will be purged.

Gift Vouchers – Gift Vouchers are valid for 3 months (unless otherwise stated) and non-refundable once purchased. If you wish to give your gift voucher as a gift please notify the studio to transfer it. You can redeem a Gift Voucher online with the instruction provided or via telephone on 01989730220.

Age Restrictions – All Boudoir Photoshoots are only available to over 18s due to the nature of the photographs being created. Under 18s on other photoshoots or at events must be accompanied by an adult.

Privacy Policy – Please refer to Elle Bright Photography LTD’s Privacy Policy at www.ellebright.co.uk/privacy-policy.

Data Protection Policy – Please refer to ELLE BRIGHT Photography LTD’s Data Protection Policy at www.ellebright.co.uk/data-protection-policy.

Complaints – Any complaints should be raised by the client with ELLE BRIGHT Photography LTD, in writing, within 14 days of first becoming aware of the matter to be complained of and in any event within 14 days of receipt of any purchase.

Contact – ELLE BRIGHT Photography LTD may be contacted via email ellebright@ellebright.co.uk or telephone 01989730220.

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