Terms & Conditions
Our terms and conditions govern each photo shoot carried out by Living Portraits Group; the production of digital images and prints, framed prints or canvases; and the usage of our photographs ('images').
Any booking of a photo shoot or purchase of photography implies acceptance of these terms and conditions. Throughout, ‘Living Portraits Group ’ and ‘We’ may refer to any authorised officer, employee, franchisee, agent or sub-contractor of Living Portraits Group.
Fees and costs
- Living Portraits Group bases our estimates on the information you provide in advance. Any changes to your requirements, either in advance or on the day of the photoshoot, may result in an increase in our fees and/or expenses.
- All required fees and costs must be paid in advance of your photo shoot, unlessagreed in writing. No photo shoot can go ahead without the appropriate payments being received and cleared in full.
- The estimated costs we provide for photo shoots are normally fully inclusive. If you want to make special requests or any other changes to your shoot (for example, taking longer over a shoot or adding in additional people, animals or locations), please let us know as soon as possible in advance of your photoshoot as these may incur additional costs. Any such costs will be charged at our normal rate.
- Invoices must be paid no later than 30 days of the date of issue. Living Portraits Group reserves the right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest)Act 1998.
- All estimated costs are stated exclusive of VAT.
- All payments are due in pounds sterling unless stated otherwise.
Your photo shoot
- Living Portraits Group will agree a date with you for the photo shoot of your animal/s. You will need to be present throughout the shoot.
- In adverse weather conditions which could affect our ability to conduct a photo shoot to our high standards, especially rain or poor light, we reserve the right to reschedule the photo shoot at a mutually convenient date.
- You can postpone your photo shoot at any time, for any reason, up to one week beforehand. If we receive less than 1 week’s notice, we may have insufficient time to secure alternative bookings. Therefore, where less than 1 week’s notice is given, we reserve the right to cancel rather than postpone the photo shoot, unless a valid reason is given (for instance, sickness serious enough to prevent your or your animal’s participation in the photo shoot).
- We will take a brief from you as to how you would like your images to look, but we have final say over any poses or activities. Photo shoots may involve physical activity, which is undertaken at your own risk. However, we reserve the right to decline a photo shoot, or curtail a photo shoot which is already taking place, if we deem that it could pose a risk to our photographer, to you, to your animal/s, to other animals, or to members of the public.
- It is your responsibility, as the owner of one or more animal/s, to have all of the relevant insurance in place. Living Portraits Group cannot be held responsible for any injuries to animals or persons during the photo shoot, or for any costs arising out of such injuries.
The images resulting from your photo shoot
- As you will have been present during the photo shoot, you cannot reject the resulting images on the basis of style or composition.
- Printed, framed and canvas prints of any image resulting from your photo shoot cannot be rejected on the basis of the style or composition, since you will have selected and paid for that image.
- In the event of a technical problem with a photographic product, Living Portraits Group will reprint that image at no cost to you.
- While we will do our utmost to ensure you receive your digital images, prints, framed prints and/or canvases as soon as possible, you will understand that it takes time to create such high-quality, individually crafted pieces of art. The expected delivery date may be 6 to 7 weeks from receipt of payment, but can occasionally be longer due to conditions beyond our control.
- As digital images, prints, framed prints and/or canvases involve the production of bespoke artwork, please be aware that we are unable to make refunds. Each image you order will be painstakingly retouched by an expert before being sent to a specialist printer and incurring major expenses for time and materials.
- When choosing image sizes, the longest edge is what the printer uses to give the picture size. Finished sizes may vary slightly at the printer’s discretion.
- Under data protection law, Living Portraits Group can’t keep your original images indefinitely. Please keep your prints and/or digital images safe, as we can’t guarantee being able to supply additional copies in future.
Copyright, usage, rights and exclusivity
- Worldwide copyright in the images resulting from your photoshoot, whether hard copy or digital, will always remain with Living Portraits Group.
- Images may only be used once all of the relevant fees have been paid in full to Living Portraits Group.
- Images may not be manipulated (‘Photoshopped’, filtered or altered in any other way) without the prior written permission of Living Portraits Group.
- Any unauthorized usage, or additional usage without permission, will require you to pay additional fees or could even result in legal action.
- This agreement is between you and Living Portraits Group. No other party (including any friend, relative, associate, neighbor, employee, partner, colleague or model) has any rights in the images produced as a result of the photoshoot you have paid for. The exception is any photo shoot which you have bought as a gift for a third party (for example, when giving a Living Portraits Group gift voucher). In that instance, that third party assumes the same responsibilities under this agreement.
- Images are for personal use only (for example, for use in your home or to give as gifts), and can only be used for commercial purposes (such as advertising or publicity) with the express written permission of Living Portraits Group on a use-by-use basis, and may incur additional costs. If you are a stud farm or dog breeder, for example, we’ll just need to discuss this in advance. Any images created by Living Portraits Group which are used in any printed or digital collateral to promote any third-party organisation, whether for profit or not, must credit Living Portraits Group as the photographer.
- Living Portraits Group is about pet photography. The use of any human or animal models in your photoshoot must be agreed between you and the third party, who has no rights in the images produced. Human models and owners of animal models may not reproduce the images you have obtained through your Living Portraits Group photo shoot. Living Portraits Group is not responsible for paying any modelling fees or obtaining any clearances in respect of third-party modelling, copyright works, trademarks, designs or other intellectual property used in any photo shoot.
- Living Portraits Group may, at any time, use and publish the images resulting from your photoshoot to promote its services. This may include our portfolio; our website; our social media; exhibitions, shows and displays; advertising; and editorial usage. We also reserve the right to offer the images for sale via a stock photography website. In the event that the images identify recognisable people, Living Portraits Group will first seek your consent.
- You will indemnify Living Portraits Group and its officers, employees, franchisees and sub-contractors against all liabilities, claims, costs, damages and expenses claimed or incurred (including legal costs), or licence fees due by reason of any infringement claim or alleged infringement of any intellectual property rights relating to any failure of yours to obtain third-party clearances, or arising out of usage of the images we create by your or any third party.
- Living Portraits Group cannot be held liable for any loss of profit, loss of contracts, loss of business or revenues or production, or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Living Portraits Group or its employees, franchisees, agents or sub-contractors orotherwise) which arise outof or in connection with the shoot.
- Living Portraits Group’s maximum liability for all losses, damages, costs, claims and expenses arisingshall be limited to the total amount of the fees paid to Living Portraits Group.
- Nothing in these terms excludes or limits Living Portraits Group’s liability for death or personal injury caused byour negligence or that of our employees, franchisees, agents or sub-contractors.
Your data and information
- Living Portraits Group and its employees, franchisees, agents and/or sub-contractors will protect your personal data and keep confidential all information provided to us.
- We will not disclose any of your data or information to any third parties other than in potentially using images from your photo shoot for publicity purposes (see above under ‘Copyright, usage, rights and exclusivity’).
- Living Portraits Group cannot be liable for any breach of confidentiality by any third party.
- Either party can terminate the agreement or these terms immediately by giving written notice to the other. This may be if the other party commits a material breach which it fails to remedy within 30 days after receipt of a written request. This also applies if either party is the subject of a bankruptcy order or becomes insolvent or makes anyarrangement or composition with or assignment for the benefit of its creditors or if any of the other party’s assets are the subject of any form of seizure, or the other party goesinto liquidation either voluntary (otherwise than for reconstruction or amalgamation) or compulsory, or a receiver or administrator is appointed over the other party’s assets.
- On termination of these terms by whichever party and for whatever reason, you will pay all sums owing to Living Portraits Group.
- Living Portraits Group cannot be held liable for any failure of, or delay in the performance of, any of its obligations under theseterms which are caused by circumstances beyond its control.
- Neither you nor Living Portraits Group can assign, transfer, delegate or sub-contract the whole or any part of its rights and obligations under these terms without the prior written consent of the other party.
- If any part of these terms is found by any court or other competent authority to be invalid, unlawful or unenforceable, then that part will be severed fromthese terms and the remainder shall continue to be valid and enforceable.
- These terms are governed by the laws of England & Wales. Both you and Living Portraits Group agree to submit to the non-exclusive jurisdiction of the courts of England & Wales.