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Enchanted Forest Terms and Conditions

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Enchanted Forest Terms and Conditions 2017-03-08T16:47:16+00:00

Our Photography Business Terms

Your booking for photography services with The Enchanted Forest is accepted subject to the following Terms & Conditions:-
    1. Payment for print orders, albums, frames or other products is requested at the time of placing the order. Title or any inference of ownership of the photographic prints or albums, frames or other physical products does not pass to the purchaser until full cleared payment is received. Any and all prices quoted are valid for 30 days, after which the prices may vary. Prints are sold unmounted, mounts can be purchased in addition.
    2. Images from a Portrait Session are kept on-line for 50 days, after which they are deleted. Please contact us prior to the 50 day expiry date if you wish the session to be available on-line for a further period after this time.
    3. Digital images are available for download, with five being included in your session fee and additional images available for purchase.  We recommend backing up these images to a separate suitable storage device once downloaded to safeguard against their loss.
    4. During your session we will automatically re-take any photograph where we can see someone has blinked or looked away but it is impossible to guarantee to see them all. We can’t ensure that “little-ones” will always smile if we ask them although in the Forest, sometimes serious faces can provide the most compelling fairy photographs.
    5. The 1988 Copyright Act assigns the copyright to the The Enchanted Forest photographer. It is contrary to the Act and strictly illegal to copy or to allow being copied, any photographs or digital images/files (this includes downloading from our website or those of our agents ). All digital image files remain the intellectual property of the photographer.
    6. The Enchanted Forest reserves the right to use the proofs, prints, images and digital image files for display at the studio, in publicity and marketing material and in websites online, including our Facebook and Twitter pages, for promotional, re-sale, competition entry and any other purpose without liability or compensation to the client or photographic subject. All photography session bookings are accepted by The Enchanted Forest and our other photography brands on the basis of these Terms & Conditions, and it is agreed between the parties that your booking amounts to a “Model Release” from those people in the images for the described use above. If this is unacceptable to you, then please write to us BEFORE you session, withdrawing your approval to this clause stating that you do not give your permission to such use, or alternatively, to what limitation you would like to apply to the image’s usage. Please note that our pricing is based on your acceptance of these Terms and therefore a request to remove/amend this clause will alter the price for the session or products. Please contact us for new pricing prior to your session as attendance at the session amounts to acceptance of these Terms.
    7. We will make all reasonable efforts to take photographs of your fairy in our Forest environment.  However, it may not be possible due to circumstances beyond our control, for example if your fairy becomes reluctant to have their pictures taken or due to technical failure of our equipment. Where we feel that cooperation is not going to be obtained to the point at which your fairy will become distressed, we will recommend rescheduling your session. Special requests are not binding instruction although naturally every effort will be made to comply with all your requirements. We may not submit to you all the photographs we take at the session, the final selection of images submitted will be entirely at our discretion.
    8. It is your responsibility to inform us if there are any subjects who you, or another person, does not wish to have pictures taken, in particular pictures of children or if there are any children attending that require their identity / image to be withheld due to any court instruction/order or legal matter. If this then becomes evident after the session, please let us know immediately.
    9. Images will be made available on-line on our website or that of our agents for a period of time for viewing and proofing, we do not provide hard-copy proofs. You will be given a session number or ID to use to access your images.
    10. The responsibility of The Enchanted Forest or its agents (including but not limited to photographers, processing laboratories, suppliers, web hosts, postal and delivery agents) to compensate the customer in the case of any negligence of breach of this contract is limited to the cost to the customer of the booked service at the time of booking, and only to the maximum balance already cleared and paid over to The Enchanted Forest.
    11. In exceptional circumstances such as ill-health or incapacity and without notice it may be necessary for the original photographer specified to be substituted by another equally competent photographer, or in extreme cases, for the session/booking to be cancelled/postponed. You will be kept informed as much is humanly possible.
    12. Force Majeure or Act of God: The due performance of this contract is subject to alteration or cancellation by The Enchanted Forest owing to any cause beyond our control. All efforts will be made to comply with alternate arrangements made.
    13. In the event of any dispute regarding these terms or any contract between us and you, both parties agree to consult the British Institute of Professional Photographers to try to obtain conciliation before taking any other action.
    14. Please contact us prior to the session if special consideration or arranges are required for some one with a disability or has a special need such as ramp access to the studio. 
    15. It is your responsibility to control your children’s behaviour while at the studio. We do all that we can to ensure a safe environment for our customers and staff, however, a working studio is not a play area for children, and they must be supervised at all times. Please do not allow your children to play with the albums, frames, props and equipment as they can present a costly bill for parents if damaged. We do not allow food and drink to be taken or consumed on our premises at all with the exception of water which may be consumed in the lobby area.  So please wait to you get back in your car to treat your children. Sugar, children and photography do not mix at all well, so please try to keep young children calm, quiet and still before your session, as children who want to have fun running around can not be photographed.
    16. Our studio is not large and so we don’t recommend that you bring along children or other adults who are not directly involved in or supervising the session.  Where other people are present that are not participating in the session, we would ask that they wait in the lobby area and not enter the other areas of the studio to keep distractions to a minimum.  Our studio is at our home address although it is a separate and dedicated building.  So we politely ask that visitors remain in the designated areas and refrain from roaming around our home or gardens.  This is for their own safety as well as for reasons of courtesy.
    17. Not that it has ever happened to date, but to be clear, we do not tolerate disrespect to our staff or offensive or aggressive tone or bad behaviour. Such customers will be asked to leave and their membership/registration/session terminated without refund. Seems a strange thing to have to say, but our industry isn’t immune to such people so we want to be clear.
    18. Personal cameras or the taking of pictures and/or video at any photography session on our premises is strictly forbidden.  If we discover that photographs or video are being taken, we will immediately terminate the session and it will be non-refundable. Please respect our copyright.

      1. If you need to cancel your photography session, please let us know as soon as possible. Session fees are not refundable (as studio time is booked) but may be transferred at our discretion and availability.  You can call us on 01342 716393, email us at info@theenchantedforest.co.uk or use the cancel or amend booking link on your photography session confirmation email.
      2. If you do not contact us prior to a photography session booking and subsequently do not show up, we will assume that you wish to cancel your registration with us and we will delete your registration accordingly without further communication with you. If you were redeeming a Gift Voucher and do not attended your booked session, the studio session fee will be deducted from the available balance of the Gift Voucher prior to rebooking the session. Any session fees due will remain outstanding as a debt with us. We may, at our discretion, re-instate a client registration that was previously de-registered subject to the payment of an administration charge of £15. At all times we encourage you to talk to us if you have any problems, we will always listen and try to accommodate you.
      3. The Enchanted Forest reserves the right to cancel and/or reject a client portrait booking for whatever reason at anytime. We will always provide you with suitable and appropriate notice where humanly possible should such a situation arise.
        1. From time to time we may offer discounts, or introduce promotions and incentive schemes for our customers and potential clients. Such promotions, discounts and incentives, are subject to change and cancellation at any time and without notice. They are often run for a specific time periods or group of customers or prospects, Liking our Facebook page www.facebook.com/EnchantedForestStudio is the best way to receive notifications of such offers and events. Such promotions and incentives may have further terms associated.
        2. Promotions, discounts and incentives are not applicable to historic/past purchases, not transferable for cash and may be subject to further individual terms and conditions, if in doubt, please contact us.
          Intellectual Property License (the “License”)
          This LICENSE is granted by Sarah Fisher Photography (The Enchanted Forest), of The Studio, Chart Cottage, Turners Hill Road, Crawley Down RH10 4HG (the “Licensor“) to you the customer/purchaser of the Digital Images, Downloaded, Memory Stick, or CD/DVD/Flash Drive (the “Licensee“).

          Recitals

          1. The Licensor owns the copyright to the images described and identified in Appendix A (the “Images“) of this License, and at no time does the copyright pass to the Licensee.
          2. The Licensee desires to use such Images in a private and personal capacity only, and as determined and permitted in Appendix B of this License, and such use and continued use signifies the Licensee’s full acceptance of the Terms and Conditions contained in this License.

          Terms and Conditions
          For these reasons, Licensor and Licensee hereby agree as follows:

          1. The Images cannot be amended or altered in any way without the permission of the Licensor with the exception of general cropping in, colour tinting or conversion to black and white so that the Images may fit a frame, mount or print design. ANY changes to digital files will be made at the client’s sole risk and responsibility, VisualChaos Studios are not liable for any damage or quality reduction that may be caused by altering the files in any way. Prints should always be made using appropriate professional photographic printers such as Boots the Chemists who operate professional print calibration and standards.
          2. The Licensee is fully responsible for the use of appropriate digital workflow processes and correct digital workflow calibration  that are essential for correct digital file reproduction and printing. The Enchanted Forest is not responsible for the quality of printed digital files that have not been printed via The Enchanted Forest.
          3. The reduction of image size in pixels may be changed without permission being obtained. Digital images are defined (unless amended in your purchased digital package/option) as 6″ x 4″ 72 pixels per inch (ppi) in jpeg format and profiled in Adobe1998 colour space for Low Resolutions (PC/Mac screens) and “9 x 6” 240 pixels per inch (ppi) in jpeg format in Adobe1998 colour space for High Resolution (printing). Images printed or reproduced in bigger or different formats/sizes/shapes are not permitted and will reproduce poorly – cropping into and ‘blowing’ up or ‘zooming’ into images are the same as changing the size, shape and pixel density and The Enchanted Forest are not liable or responsible for the printing or reproduction quality as a result.
          4. The Licensee agrees to indemnify and hold harmless the Licensor against any damages, losses, or expenses (including but not limited to legal fees or legal claims) in connection with any use of the Images by the Licensee, except for any claims based solely upon ownership rights in and to the Images, unless such claims are as a result of the Licensor being in breach of this License.
          5. The Licensee shall not have the right to sub-license or assign the rights granted to the Licensee under this License.
          6. The Licensor may terminate this agreement at any time if and only if the Licensee is in breach of this License, and without liability or refund of any money paid for the Images.
          7. Upon the termination of this License for whatever reason, the Licensee will ensure that the Image’s usage has stopped, the digital version of the Images have been deleted and destroyed and removed from the Licensee’s computers, servers, CDs and premises and person in every way.
          8. If any Image featuring a person or property is used in a manner that would lead a reasonable person to believe that the person or property personally uses or endorses a product or service, or if the depiction of the person or property is used in connection with a subject that would be illegal, unflattering, embarrassing or unduly controversial to a reasonable person, the Licensee must accompany each such use with a statement that indicates that the person and or property is being used for illustrative purposes only and does not speak or represent the Licensor in any way.
          9. The Licensor grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and the Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
          10. THE LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR SHALL NOT BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE LICENSEE’S USE OF THE IMAGES, OR OTHERWISE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
          11. The Licensor reserves the right to revoke the License to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a License for any Image(s), Licensee shall immediately cease using such Image(s), shall take all reasonable steps to discontinue use of the replaced Image(s) in any place where they already exist.
          12. If one or more of the provisions contained in the License agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable. No action of the Licensor other than express written waiver, may be construed as a waiver of any provision of this License agreement.
          13. This Agreement will be governed in all respects by the laws of the United Kingdom.

          APPENDIX A

          1. The images either singularly or as a collection or portfolio or following distribution to the Licensee then subsequently altered in any way (the “Images”) taken by Sarah Fisher (the “Licensor”) and contained in this Download and numbered between (SFP)20000-001 to (SFP)29999-9999 or within this number range. Such Images may be made available to the Licensee by CD, DVD, flash drive or internet download or other digital medium. These Images are encoded with the Licensor’s copyright (c) Sarah Fisher Photography, changing the Images identification and metadata will be deemed as a breach of this License, and as such, this License will be automatically terminated with out refund of fees and charges paid.

          APPENDIX B

          1. any physical print of any size up to 9″ on the longest side at 240 ppi unless otherwise agreed or to the size of any upgraded package purchased (such as 12″ on the longest side), but at NO times bigger than 12″ on the longest side at 300 ppi.
          2. personal visual media devices at the Licensee’s or Licensee’s immediate family’s or friends home, including but not limited to TV, DVD or CD Player or digital frame or email system;
          3.  ONLY the Images named/numbered starting with the letters “FB” can be used/displayed on the internet, any personal or family website, or social networking site such as but not limited to Facebook.com, MySpace.com, Twitter.com as long as there is no commercial reason, intent or any financial gain or business promotion. At all times, the Licensee’s copyright “(c)SarahFisherPhotography.co.uk” must be clearly shown. n.b. this is to combat recent changes in copyright law such as “Orphan Images” and the increasing issue of copyright theft as a result of social networking sites.

          RESTRICTIONS ON USE Except as provided herein, the Licensee may not:

          1.  sub-license, sell, assign, convey or transfer any of its rights under this License;
          2.  sell, retail, distribute, use commercially, or allow to be used commercially either personally or through others or agents;
          3. use for/in modelling portfolios, self publicity, editorial or promotional purposes, whether in print or digitally on the internet.
          4. communicate, suggest, represent or imply that the Licensee or any other party other than the Licensor has the Copyright to the Images or any part of the Images, whether the Images be presented in their original form or following any re-design, cropping, digital manipulation of any kind;
          5. incorporate the Images into a logo, trademark or service mark;
          6. distribute, post or upload the Image(s) on-line in a downloadable format or to any stock image library;
          7. use any Image in a pornographic, defamatory, libellous or otherwise illegal manner, whether directly or in context or juxtaposition with other images or materials;
          8.  any local, national or inter-national TV, newspaper, magazine, noticeboard or billboard advertising campaign
          9. pass, transfer, copy or make available the Images to any other person other than the Licensee’s immediate family or close friends
          10. Use the Images without the Licensee’s copyright on any personal or family website, or social networking site such as but not limited to Facebook.com, MySpace.com. At all times, the Licensee’s copyright “(c)SarahFisherPhotography.co.uk” must be clearly shown. The Images numbered/named starting with the letter “FB” have been produced for this reason to ensure you comply with this clause.

          ——————————————————————————-

          Sarah Fisher
          Photographer & Intellectual Property Owner
          The Enchanted Forest

          It is agreed that these Booking Terms set out herein are the Terms and Conditions upon which your booking is accepted and represents the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.