Couple-Focused Photorealistic Live Wedding Portrait

These Terms and Conditions are the standard terms which apply when We provide the Services described in the Agreement to You. Please read these Terms & Conditions carefully and ensure that You understand them before entering into the Agreement. If You do not agree to these Terms & Conditions, We will not be able to provide the Services described in the Agreement to You.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agreement” means the agreement between You and Us comprising the Contract Details and these Standard Terms & Conditions, pursuant to which We shall provide the Services to You;

“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who receives Services from Us for their personal use and for purposes wholly or mainly outside the purposes of any business;

“Deposit” means the deposit amount stated in the Agreement, being on account of the Fees;

“Deliverables” means the deliverables to be provided by Us as specified in the Agreement;

“Event” means the wedding or other event arranged by You and taking place on the Event Date specified in the Agreement;

“Fees” means the total fees payable for the Services as specified in the Agreement (or as may otherwise be agreed between You and Us in writing);

“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“Services” means the services and deliverables to be provided by Us as specified in the Agreement (or such other services as may be agreed by You or Us in writing);

“Venue” means the address or addresses where the Services are to be provided on the Event Date, as specified in the Agreement;

"We/Us/Our” means the Studio named in the Agreement; and

“You/Your” means the individual person(s) to whom We agree to provide the Services for all or part of an Event under the Agreement.

2. The Agreement

2.1 We will not reserve any time/date slot to provide Services, nor will We provide any Services unless and until You have entered into the Agreement and paid the Deposit specified in the Agreement.

2.2 The Agreement shall comprise the Contract Details and these Terms and Conditions. In the event (and to the extent only) of a conflict between the terms of the Contract Details and these Terms and Conditions, the former shall prevail.

2.3 Once You and We have signed the Agreement, there will then be a binding contract between us on the terms set out in the Agreement incorporating these Terms and Conditions.

3. The Services

3.1 We shall provide You with the Services set out in the Agreement, on the terms and conditions set out here.

3.2 We will provide the Services:

3.2.1 with reasonable skill and care; and

3.2.2 in accordance with the description of the Services set out in the Agreement (or as otherwise agreed by You and Us in writing).

3.3 You may request an increase in the Services, including additional time at the Event or additional Studio time, provided you give the notice required in the Agreement in each case. We will use reasonable endeavours to accommodate any requested change, but We are under no obligation to do so. 

3.4 If We do agree to an increase in Services requested by You under Clause 3.3, We will amend the Fees accordingly, and will notify You of any increase in Fees. You must confirm Your agreement to the increase in writing, and pay the amended Fees on receipt of Our invoice and in advance of the Event. If you do not confirm the increase, the Services and Fees will remain unchanged as set out in the Agreement.

3.5 If You decrease the Services or Deliverables once the Agreement has been entered into, the full Fees set out in the Agreement will be still chargeable.

3.6 If at any time You ask Us to begin any Services later than the time agreed for them as set out in the Agreement, We will not be obliged to extend the Services beyond the time agreed for completing the Services set out in the Agreement.

3.7 We shall use reasonable endeavours to provide the Services (including any Deliverables) in accordance with the estimated time set out in the Agreement. However, You understand that any such timings are estimates only, and may be subject to change. We shall not be liable for any delays, and time shall not be of the essence of the Agreement.

4. Fees and Payment

4.1 The Deposit specified in the Agreement is payable on entry into the Agreement.

4.2 You must pay Us the balance of the Fees in full by the date(s) and payment method specified in the Agreement, together with any agreed Fees for additional Services under Clause 3.4.

4.3 The Fees shown in the Agreement are exclusive of VAT, which the Studio does not currently charge.

4.4 You shall reimburse Us for any expenses reasonably incurred in the performance of the Services, provided these are set out in the Agreement or otherwise agreed with You in advance. 

4.5 We reserve the right:

4.5.1 to charge interest on any overdue Fees or agreed expenses at the rate of 4% above the base rate of the Bank of England from time to time, from the due date for payment until payment is made in full;

4.5.2 to reclaim from You the costs of recovering any overdue sums under Clause 4.5.1 above; and / or

4.5.3 to terminate the Agreement for non-payment.

5. Cancellation of Services

5.1 You have the right to cancel the Agreement, for any reason, during the 14-day period after the Agreement is made (the Cooling Off Period). You must confirm any cancellation request under this Clause 5.1 in writing. If You request a cancellation under this clause, and You have already paid the Deposit and/ or the Fees, We will refund these to You within 14 days of receiving Your cancellation, less any amount due for the Services that We have already provided as at the cancellation date.

5.2 If the Event Date is before the end of the Cooling Off Period, and if You have expressly requested Us to provide Services in that 14-day period and We do so, You may not cancel those Services and You must pay for them in accordance with the Agreement. 

5.3 If You terminate the Agreement and/ or cancel the Services after the end of the Cooling Off Period, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation. Those charges may include Our administration fees in dealing with your booking and cancellation, any costs of obtaining an alternative booking for the Event Date, or our loss of revenue if We are not able to obtain an alternative booking for the Event Date. You should note that obtaining an alternative booking may not be possible, due to the nature of Our services and the typical lead time for bookings, particularly closer to the Event Date. Our charges will be limited to the total Fees for the Services set out in the Agreement.

5.4 If We are unable to provide the Services for any reason beyond Our reasonable control, for example due to injury or incapacity, We will use reasonable endeavours to arrange for an alternative provider to provide the Services. If We are unable to do so, We will refund to You in full the Fees You have paid Us for the Services.

5.5 We may immediately terminate the Agreement and the provision of the Services, and You will not be entitled to any refund of Fees paid, if:

5.5.1 You have not paid all of the Fees due and payable by that time in accordance with the Agreement; or

5.5.2 any act or omission or conduct of any person(s) at the Event (whether that person is You or any other adult or minor) in Our reasonable opinion renders it unreasonable for Us to continue or constitutes a breach of the Agreement.

6. Your Obligations

6.1 You shall provide Us with all information, materials and access and other such other co-operation as We may reasonably require in order to provide the Services, including but not limited to the Studio requirements set out in the Agreement.

6.2 You must ensure that a suitable space is available at the Event Location for Us to provide the Services on the Event Date, as specified in the Agreement, in good time before the scheduled start time for the Services so that We can set up any necessary equipment.

6.3 It is Your responsibility to manage the behaviour of guests and ensure the safety of any children, such that We are able to provide the agreed Services on the Event Date. This shall include ensuring that We are provided with a safe, respectful working environment free from harassment, intimidation, or inappropriate behaviour from You or Your guests. We may immediately terminate the Services and leave the Event, without any refund of Fees or liability to You, if We are subjected to harassment, threatening behaviour, or a hostile environment.

6.4 It is Your responsibility to ensure that neither You nor any other guest or other person at the Event uses or tries to use equipment, materials or other property belonging to Us without Our express permission. If any child/ren or You or any other adult(s) at the Event Location causes damage to equipment, materials or other property belonging to Us, You must reimburse Us for the cost of repairing/replacing the equipment, materials or property.

7. Force Majeure

7.1 Neither You nor We shall be liable for any failure or delay in performing the Agreement resulting from any cause beyond Your or Our reasonable control. Such causes may include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, epidemic, pandemic or governmental action.

7.2 If any event described under Clause 7.1 occurs that does or is likely to adversely affect the performance of any obligations under the Agreement, the affected party will inform the other party as soon as is reasonably possible, their obligations will be suspended and any time limits that they are bound by will be extended accordingly. You and We will endeavour to agree an alternative date and time when the Services can be made available.  If You and We are unable to agree an alternative date and time, We shall refund any Deposit and Fees paid by You to date, less our administrative and any other costs We have incurred specifically for the Services which We are unable to save or recover.

8. Intellectual Property

We retain all intellectual property rights, including copyright and design rights, in the Deliverables and any other designs or content We create. Once the Fees are paid, You will become the owner of the physical product, but not the intellectual property rights in it. You may use or display the Deliverables for your own personal purposes, but You may not modify, reproduce, share, adapt or create derivative works from them without Our advance written consent, or sell them for commercial gain. 

9. Publicity

9.1 You consent to us photographing and/or videoing You and Your guests in the course of providing the Services on the Event Date, and to Us using these images and recordings for the purposes of Our social media, publicity, marketing and advertising, in a tasteful and professional manner consistent with the nature of the Event. You waive any intellectual property or moral rights you may have in relation to those images and recordings. You agree to inform Your guests that photos and/or videos may be taken in the course of Us providing the Services which may include them, and that such content may be used for our marketing purposes, unless they expressly ask Us at the Event not to photograph or video them. We will always respect any requests not to be photographed or recorded, and any takedown requests from guests after the Event. We will not create or use any content featuring children without parents’ express consent in advance.

9.2 We reserve the right to use the Deliverables and any other designs or content created in connection with the Agreement in Our portfolio, on Our website, in Our promotional materials, in Our social media marketing, for the purposes of industry award submissions, at wedding fairs and for submission to publications.

10. Limitation of Liability

10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our material breach of these Terms and Conditions or as a result of Our negligence. We will not be responsible for any loss or damage that is not foreseeable.

10.2 We shall provide the Services to You under the Agreement only for Your personal and private use or purposes. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

10.3 Our work is the result of Our professional artistic judgement and creative interpretation. You acknowledge and agree that the Services (including any Deliverables) will reflect Our creative vision and style. We shall not be liable for claims arising from artistic interpretation, stylistic choices, or creative decisions made during the live illustration process, or subjective judgements relating to the Services (including any Deliverables).

10.4 We shall not be liable if, for reasons outside our control, the Services are not completed by the estimated times or dates set out in the Agreement. You and We agree that time shall not be of the essence of the Agreement.

10.5 Our liability to You shall be limited to the total Fees payable under the Agreement.

10.6 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.

10.7 Furthermore, as a Consumer, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

10.7.1 the Consumer Rights Act 2015;

10.7.2 the Regulations;

10.7.3 the Consumer Protection Act 1987; or

10.7.4 any other consumer protection legislation

as that legislation is amended from time to time.

11. How We Use Your Personal Information (Data Protection)

11.1 All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights under the Data Protection Legislation. You are responsible for ensuring that You obtain the necessary consents to provide Us with any personal data relating to Your guests which We may require in order to provide the Services.  

11.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Notice which is available on request or on Our website.

12. Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We enter into the Agreement with You, except where that information is already apparent from the context of the transaction. We have included the information either in the Agreement itself, or We will make it available to You before We and You enter into the Agreement. All of that information will, as required by the Regulations, be part of the terms of the Agreement between Us and You as a Consumer.

13. Refunds and Returns

13.1 We have a duty under the Agreement to supply Our services with reasonable skill and care, and to ensure that the Deliverables We provide to You are fit for purpose and of satisfactory quality. For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

13.2 You are responsible for the Deliverables from the time We deliver them to the address You have provided.

13.3 The Deliverables We create are personalised, and created to Your order. There is accordingly no general right for you to reject or return them or ask for a refund, save in the circumstances set out in Clause 13.4 below.

13.4 You should inspect the Deliverables immediately on receipt. If You believe a Deliverable we have supplied to You is damaged or defective, please contact us by email on info@theliveweddingpainter.co.uk attaching photos of any wrong, damaged or defective items so that We can arrange a repair or replacement. We will pay the costs of returning any wrong, damaged or defective goods to Us.

14. Miscellaneous

14.1 Subject only to the information required pursuant to the Regulations and referred to in Clause 12, the Agreement contains the entire agreement between You and Us with respect to its subject matter and may not be modified except in writing signed by You and Us. You and We acknowledge that, in entering into the Agreement, neither You nor We rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement.

14.2 No variation of the Agreement shall be valid or effective unless it is agreed in writing by both parties. For the avoidance of doubt, email shall constitute 'writing' for these purposes

14.3 No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement. If You enter into the Agreement on behalf of a third party, You are responsible for ensuring that the person(s) on whose behalf You enter into the Agreement comply with the terms of the Agreement including these Terms and Conditions.

14.4 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.

14.5 If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement and the remainder of the provision in question shall not be affected.

14.6 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.

15. Law and Jurisdiction

The Agreement, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. The courts of England & Wales shall have exclusive jurisdiction to decide any dispute arising out of or in connection with the Agreement, unless you are a consumer resident in Northern Ireland or Scotland, in which case You and We shall also have the right to bring proceedings in the jurisdiction of Your place of residence.