Terms and Conditions – Nicholas Dawkes Photography

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1. THESE TERMS

1.1 What these terms cover: These are the terms and conditions on which we supply photography services to you.

1.2 Why you should read them: Please read these terms carefully before you submit your order. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are: We are Nicholas Dawkes Photography, the trading name of Nicholas Dawkes Photography Limited, a company registered in England and Wales. Our company registration number is 7605109, and our registered office is at The Space Studio, Reform Road, Maidenhead, Berks, SL6 8BT. In these terms and conditions, Nicholas Dawkes Photography Limited will be referred to as “we,” “us,” or “NDP.”

2.2 How to contact us: You can contact us by emailing studio@nicholasdawkesphotography.co.uk or by writing to us at The Space Studio, Reform Road, Maidenhead, Berks, SL6 8BT.

2.3 How we may contact you: If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.

2.5 “You” or “The Client”: When we use the words “you” or “the Client” in these terms, we refer to the individual (whether acting in their personal capacity, on behalf of a body corporate, or otherwise) who orders services from NDP (whether via the Website or otherwise).

3. KEY DEFINED TERMS

3.1 “Picture” or “Image” includes (but is not limited to) photograph, transparency, negative, design, artwork, painting, engraving, digital image file, or any other item offered for reproduction.

3.2 “Reproduction” includes any form of publication or copying of the whole or part of any picture, whether altered or not, and whether by printing, photography, slide projection (to an audience or not), xerography, electronic or mechanical reproduction or storage, or for use as artist’s reference or illustration, or in a layout or presentation.

3.3 Any obligation on you not to do something includes an obligation not to allow that thing to be done by your agent or otherwise.

4. OUR CONTRACT WITH YOU

4.1 How we will accept your order: Our acceptance of your order will take place when we email you to confirm it. At that point, a contract will be formed between you and us.

5. PROVIDING THE SERVICES

5.1 When we will provide the services: Subject to clause 5.3, we will provide the services on the date agreed with you during the order process.

5.2 Delays outside our control: If our supply of services is delayed by an event outside our control, we will contact you as soon as possible and take reasonable steps to minimise the delay. If the delay is substantial, you may contact us to cancel the contract and receive a refund for services not yet performed.

5.3 Rearranging the session: If you are unable to attend the session on the agreed date, you may reschedule it, provided we receive notice at least 72 hours before the original session time. If you reschedule less than 72 hours before the session, any payment for services not yet received will be forfeited.

6. OWNERSHIP OF IMAGES AND RIGHTS OF REPRODUCTION

6.1 Copyright Ownership: All rights in the images remain with NDP. Pictures are supplied to you on loan, and no property, copyright, or other intellectual property rights in any picture will pass to you. The copyright in any picture remains with NDP at all times, worldwide.

6.2 Use of names and trademarks: Unless specified in writing, NDP does not warrant that you have the right to use any names or trademarks depicted in the pictures. You are responsible for obtaining all necessary rights, releases, or consents for any reproduction.

6.3 Moral Rights: NDP asserts both its moral right to be identified as the author of the work and the right to a credit in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

6.4 Selection of Images: NDP will provide a selection of images deemed appropriate for galleries or digital contact sheets. We will use our artistic discretion in selecting these images.

6.5 Rejection of Images: You may not reject images based on style, composition, or editing if these were artistic choices made by NDP.

6.6 Storage and Delivery: While NDP will take reasonable care to store and deliver images, we are not liable for any loss or damage caused by errors in storage, delivery, captioning, or orientation of images.

6.7 Grant of Licence to Reproduce: NDP grants you a non-exclusive licence to reproduce the images selected and edited by us, strictly in accordance with these terms or as otherwise agreed. This licence only becomes effective once you have paid for the reproduction rights.

6.8 Payment for Reproduction Rights: Reproduction rights are only granted once a fee for the reproduction has been agreed and an invoice has been issued and paid in full. Any reproduction of images prior to this is a material breach of these terms.

6.9 Scope of Reproduction Licence

6.9.1 Subject to full payment and compliance with these terms, you may use the images only for your own personal or professional self-promotion.

(a) Corporate / Business Clients

You may use the images in connection with your role or profile within a business, including:

• company websites

• company press releases

• professional profiles and directories

• internal communications

• LinkedIn and business social media

• industry press referring to you in your professional capacity

However, the images must not be used:

• to advertise or sell products or services,

• in paid marketing or advertising campaigns,

• to promote the company itself rather than you as the subject,

• or as part of any commercial endorsement.

(b) Actors / Performers / Creatives

You may use the images to promote yourself in your professional career, including:

• personal websites

• casting platforms and directories

• agent submissions and mailouts

• theatre programmes

• career-related social media

However, the images must not be used:

• in vanity or lifestyle features in mainstream media,

• as part of promotional artwork, posters, or marketing for a professional production, film, television programme, or commercial project,

• in any paid advertising or endorsement,

• or in any context where the image forms part of a third party’s commercial campaign.

If you wish to use any image in a way that is not permitted under this clause, you must contact NDP in advance to obtain a separate written licence.

 

6.9.2 The licence does not permit any commercial exploitation of the images by you or any third party unless separately agreed in writing by NDP.

6.9.3 The images may not be altered, manipulated, cropped, filtered, retouched, or overlaid with text without NDP’s prior written consent.

6.9.4 The licence is personal and non-transferable.

6.9.5 Credit is mandatory.

Wherever the images are used, the credit “Nicholas Dawkes Photography” must appear clearly and legibly.

6.9.6 You are responsible for ensuring that any third party who receives or uses the images complies with these terms.

6.9.7 Any use outside the scope of this clause constitutes a material breach of contract and copyright infringement.

6.10 Indemnity: If you reproduce an image without permission or in breach of these terms, you agree to indemnify NDP against all liabilities, costs, and damages arising from such breach.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 Cancellation: You can cancel your contract at any time by notifying us in writing at studio@nicholasdawkesphotography.co.uk. However, if you cancel less than 72 hours before the allocated session, NDP may retain any deposit paid as a genuine pre-estimate of loss.

7.2 Right to Change Your Mind: You do not have the right to change your mind and cancel the contract in the following situations:

7.2.1 Digital products once downloaded.

7.2.2 Services once completed.

8. HOW TO END THE CONTRACT WITH US

8.1 Ending the contract: To end the contract, email us at studio@nicholasdawkesphotography.co.uk, providing your name, address, order details, and contact information.

8.2 Refund: If applicable, we will refund any unperformed services in full.

8.3 Refund Timing: Refunds will be made as soon as possible, generally within 14 days of receiving your cancellation request.

9. PRICE AND PAYMENT

9.1 Price: The price of services is as indicated on our website at the time of your order, including VAT.

9.2 VAT Changes: If VAT changes before we supply the services, we will adjust the price accordingly.

9.3 Payment Methods: We accept payments by credit/debit card, cash, or cheque made payable to “Nicholas Dawkes Photography Limited.” A £45 advance payment (deposit) is required before services are provided. This deposit will be deducted from the final fee payable.

9.4 Late Payments: If payment is overdue, we may charge interest at 3% above the base rate of Lloyds Bank.

9.5 Suspension of Services: If you fail to pay, we may suspend services, including access to online galleries.

9.6 Invoice Disputes: If you believe an invoice is incorrect, please notify us promptly. You will not be charged interest until the dispute is resolved.

10. NDP’S RESPONSIBILITY FOR LOSS OR DAMAGE

10.1 Foreseeable Loss: We are responsible for loss or damage you suffer that is a foreseeable result of our failing to comply with these terms or our negligence.

10.2 Exclusions: We are not liable for any indirect losses, including business losses, profits, or data loss.

10.3 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 Data Protection: We collect and process your personal data in accordance with UK data protection laws, including the General Data Protection Regulation (GDPR).

11.2 Privacy Policy: We will use your personal data only to provide services to you. Our full privacy policy is available on our website.

12. OTHER IMPORTANT TERMS

12.1 Transfer of Rights: We may transfer our rights to others, but you cannot transfer your rights under these terms without our written consent.

12.2 Severability: If any part of these terms is found to be invalid or unenforceable, the rest will remain in full force.

12.3 Governing Law: These terms are governed by English law, and you and we agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms.

13. CONSUMER RIGHTS

Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection laws.