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1. Definitions and Interpretation

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

“Client”, “You” or “Your”

means the person(s) procuring the Services from Paige Mary;

“Contract”

means the contract for the provision of Services, as explained in clause 2;

“Deposit”

means an advance payment made to Paige May under clause 4.2;

“Event”

means either a Makeup Event or a Photographic Event, as the case may be;

“Event Date”

means the date of either a Makeup Event or a Photographic Event, as the case may be;

“Intellectual Property Rights”

means copyright (and related rights), designs, patents, trademarks, and all other intellectual property rights that may exist in anything that Paige Mary may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);

“Makeup Event”

means a consultation for the application of makeup to one or more people, which is not part of wedding or other event package at which Paige Mary provides photographic Services;

“Makeup Event Date”

means the date, agreed between Paige Mary and You, on which the Makeup Event will take place services to the Client when such Services are provided as a standalone Service and are not part of a Photographic Event;

“Month”

means a calendar month;

“Order Confirmation”

means the confirmation of Your order as issued by Paige Mary which details, amongst other things, Your chosen Services and their Price. This will also act as Your invoice;

“Paige Mary”, “She” or “Her”

means Paige Mary Goulding, trading as Paige Mary a sole trader whose main trading address is 10 Grove Road, Sonning Common, Berkshire, RG4 9R;

“Photographic Event”

means wedding, engagement, birthday celebration, family or baby photographic session or other event to be photographed and as agreed between You and Paige Mary in writing;

“Photographic Event Date”

means the date, agreed between Paige Mary and You, on which the Photographic Event will take place;

“Price”

means the price payable for the Services;

“Services”

means the services of photographer and/or make-up artist and anything ancillary thereto and the supply of photographs in physical and/or digital form, frames, photograph albums and anything ancillary thereto;

“Special Price”

means a special offer price payable for Services which Paige Mary may offer from time to time; and

“Terms and Conditions”

means these terms and conditions, to the exclusion of all other terms or conditions (implied or otherwise) which govern the provision of the Services by Paige Mary.

1.2      Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, or other means.

2. The Contract

2.1 These Terms and Conditions govern the sale and provision of Services by Paige Mary and  form the basis of the Contract between Paige Mary and You.

2.2 Nothing provided by Paige Mary prior to the Order Confirmation, including, but not limited to, sales and marketing literature, advertising, website information, price lists and other documents shall constitute a contractual offer capable of acceptance.  They shall not form part of the Contract or have any contractual force.

3. Provision of Services

3.1 As required by law, Paige Mary will provide the Services with reasonable skill and care and in accordance with any written information provided by Paige Mary about the Services.

3.2 Paige Mary shall be the sole professional still photographer at the Photographic Event.

3.3 You will inform Paige Mary in writing no later than one Month before the Photographic Event Date of the location of the Photographic Event. Should the location of the Photographic Event change you will inform Paige Mary as soon as possible in writing and ensure you receive a written acknowledgement thereof from Paige Mary prior to the Photographic Event Date.

3.4 Paige Mary will have the right to bring an assistant to a Photographic Event and in the unlikely event She is unable to attend the Photographic Event due to an event beyond her control, to use a third party subcontractor to provide the Services hereunder. Paige Mary shall not be liable for the negligence, acts or omissions of any assistant or third party subcontractor.

3.5 You agree that Paige Mary or any third-party subcontractor photographer have permission to approach You to request the removal of any obstructive or disruptive parties at the Photographic Event.

3.6 Paige Mary will endeavour to take the agreed minimum number of photographs. However, because a wedding or other Photographic Event is an uncontrolled event, Paige Mary cannot guarantee delivery of any specifically requested images, especially if timings or events are altered without Paige Mary’s knowledge. Due to changes in the weather and the availability and willingness of subjects, Paige Mary will do her best to honour requested photographs but cannot guarantee any specific picture nor incorporate any specific background, location or group arrangement.

3.7 During a wedding or other Photographic Event Paige Mary will automatically re-take any photograph where She has seen that a subject has blinked, but it is impossible to guarantee that photographs will not include a subject that has blinked or whose eyes are closed.

3.8 Paige Mary 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 record on film or digital media the exact colour of materials as seen by the human eye. Paige Mary will have no liability in this respect.

3.9 The time, location and duration of the Makeup Event, the number of people included the Makeup Event and will be as detailed in the Order Confirmation. Any additionally requested makeup requirements not included in the Order Confirmation will be at the discretion of Paige Mary and will attract an additional charge.

3.10 Where more than one person is included in a Makeup Event, they must attend the Makeup Event location and at the allocated time as detailed in the Order Confirmation. Where the Makeup Event takes longer than the agreed time detailed in the Order Confirmation due to Your actions or inactions or those of the other persons included in the Makeup Event.

3.11 You will provide, at your cost, a designated work area and a suitable set up table at the Makeup Event location.

3.12 If Paige Mary requires any information or action from You in order to provide the Services, Paige Mary will inform you of this as soon as is reasonably possible.

4. Change of Photographic Event Date, Makeup Event Date and Cancellation

4.1 In the event that you wish to change the Photographic Event Date or the Makeup Event Date You will notify Paige Mary in writing of such change as soon as possible. Paige Mary will use reasonable endeavours to accommodate an alternative Photographic Event Date or Makeup Event Date (as the case may be) but shall not be required to move any booking for another client. Where the Event Date is changed, You may be charged an additional fee as well as a further Deposit.

4.2 If Paige Mary is unavailable on an alternative Event Date the Contract will be treated as cancelled by You, the Contract will automatically terminate without any liability to Paige Mary and the provisions of clause 4.4 will apply.

4.3 In addition to a cancellation of the Contract pursuant to clause 4.2 above, You may cancel this Contract at any time by giving written notice to Paige Mary.

4.4 In the event the Contract is cancelled pursuant to clause 4.2 or clause 4.3 Your Deposit will be forfeited together with any monies paid prior to the date of cancellation. Cancellation;

1. more than three Months before the Makeup Event Date will result in 50% of the Price becoming due in full and immediately payable;

2. less than three Months before the relevant Event Date will result in the Price becoming due in full and immediately payable.

5. Price, Expenses and Payment

5.1 Subject to clause 5.6 below, the Price of the Services will be that shown in the Order Confirmation.

5.2 A non-refundable Deposit of 30% in respect of a Photographic Event and 25% in respect of a Makeup Event is payable within two days of the Order Confirmation Date. A date for Your Event will not be reserved until such time as Paige Mary has received the Deposit in full and in cleared funds.

5.3 Where the location of the Photographic Event or the Makeup Event is more than fifty miles from Paige Mary’s trading address, You will provide, at Your expense, Paige Mary with reasonable overnight accommodation and Paige Mary will charge you the then HM Revenue and Customs approved mileage rate as travelling expenses to the Photographic Event. Where the Photographic Event or the Makeup Event is outside Great Britain, you will organise and pay for the airfare and any other reasonable travel expenses incurred by Paige Mary to travel to the Event location.

5.4 Where the location of a Makeup Event is more than an hour away and Paige Mary has confirmed in wiring that she does not require overnight accommodation in accordance with clause 5.3, a location fee of £50 will be payable in addition to the Price.

5.5 Where the Photographic Event is a wedding You agree to provide, at your cost, a meal to Paige Mary or any assistant or subcontractor of Paige Mary.

5.6 If the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated will be notified to you.

5.7 Where the Event Date is changed and the parties have agreed a new Event Date, either at the request of the Client, or due to an event detailed in clause 8 below, Paige Mary reserves the right to increase the Price when the new Event Date is in the next or any subsequent calendar year following the original Event Date.

5.8 If Paige Mary quotes a Special Price which is different to the then current Price for the particular Event, the Special Price will be valid for four weeks or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement.  To secure the Special Price the Deposit must paid in cleared funds prior to the expiration of the Special Offer time period.

5.9 Where You or any person included in a Makeup Event delay the scheduled commencement time of the Event, or  the scheduled Makeup Event exceeds the time detailed in the Order Confirmation, a late fee of £25.00 will be charged for every 15 minutes of delay and/or excess time.

5.10 The balance of the Price will be payable in cleared funds no later than one Month prior to the Makeup Event and no later than two Months prior to Photographic Event Date. If the balance of the Price is not received by Paige Mary by the Event Date, Paige Mary is not obliged to provide the Services to You and will have no liability to You in this respect. For the avoidance of doubt, full payment of the Price will still be due and immediately payable by You.

5.11 All payments hereunder are payable in Sterling to the following bank account or such other bank account as notified to You by Paige Mary from time to time:

Account Name: Miss P M Goulding   Account Number: 61514768.     Sort Code: 40:20:10

5.12 Any additional editing and/or retouching of photographs will be subject to an additional charge at an hourly rate of £60 per hour. Retouching includes, but is not limited to, additional skin softening or smoothing, correction of hair, makeup and clothing, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and other bodily enhancements.

6. Intellectual Property Rights

6.1 The provision of the Services to You, will create or produce images, photographs and other associated creative materials which will embody certain Intellectual Property Rights.

6.2 Paige Mary will deliver to You one copy of high resolution digital files to view the images of the Photographic Event. Except as provided in clause 6.4, You are prohibited from, and hereby agree, not to copy or reproduce the images in any form or medium whatsoever. You will be responsible for preserving the images contained therein and in the event such digital files become lost, damaged or corrupted, Paige Mary may at her discretion charge for a duplicate high resolution file.

6.3 Paige Mary will retain ownership of any and all Intellectual Property Rights that may exist in the images and associated creative materials. Subject to Your compliance with clause 6.4 below, Paige Mary will grant to you a limited royalty-free, non-exclusive licence to use the images only as detailed in and on the terms of clause

6.4 You may post copies of the images on social media PROVIDED THAT you do not edit, vary or alter the images in any way whatsoever and credit Paige Mary as the provider of the Services and the owner of the images.

6.5 Paige Mary has the right to use, reproduce and publish the photographs of the Photographic Event in any format or medium for Paige Mary’s own use, without your consent. Such use includes but is not limited to use on any website operated by Paige Mary, any marketing materials, advertising, editorial purposes, trade purposes, internet and social media promotion, photographic contests, public displays, photography books, Photographic Event blogs, studio display, sample wedding albums, and any other use Paige Mary considers analogous thereto.

6.6 Any breach by You of this clause 6 will be an infringement of Paige Mary’s Intellectual Property rights.

7. Liability

7.1 Nothing in these Terms and Conditions seeks to exclude or limit Paige Mary’s liability for failing to perform the Services with reasonable care and skill nor for failure to supply digital content that is of satisfactory quality or fit for its intended purpose.

7.2 Any directions issued by the Client, their guests or employees during a Photographic Event will be at said person’s own risk. Except where Paige Mary has been negligent, She cannot be held responsible for any personal accidents during a Photographic Event.

7.3 Any skin condition of You or other people included in the Makeup Event should be reported by You to Paige Mary prior to the application of makeup and if needs be, a sample test of makeup may be performed to test for skin reaction. Paige Mary will not be liable for any skin complications or reactions due to allergic reactions.

7.4 Nothing in these Terms and Conditions will limit Paige Mary’s liability for death or personal injury caused wholly by the negligence of Paige Mary or any assistant or subcontractor of Paige Mary.

7.5 The total liability of Paige Mary shall not exceed the Price paid in cleared funds for the Event.

8. Events Outside of Paige Mary’s Control (Force Majeure)

8.1 Paige Mary will not be liable for any failure or delay in performing her obligations where that failure or delay results from any cause that is beyond her reasonable control.  Such causes include, but are not limited to: power failure, technology failure (including but not limited to corruption or failure of camera and associated equipment) internet service provider failure, unavailability of any Event venue, sickness of Paige Mary, fire, explosion, flood, storms, earthquakes, subsidence, or other natural disaster, acts of terrorism (threatened or actual), pandemic, epidemic, global health emergency, or any other event that is beyond Paige Mary’s reasonable control (“Force Majeure Events”).

8.2 If any event described under clause

8.1 occurs that is likely to adversely affect the performance of any of Paige Mary’s obligations under this Contract:

(a) where the nature of the Force Majeure Event makes it reasonably possible to do so, Paige Mary will inform you as soon as is reasonably possible;

(b) where appropriate, Paige Mary will, where She is able, to send a third party subcontractor to perform the Services in her stead;

(c) where the Event can be postponed to an agreed alternative Event Date, it will be so postponed and the provisions of clause 5.7 as regards Price shall apply; and

(d) in all other cases the Contract shall terminate immediately. In such event You will not be required to pay the Price but any Deposit paid will not be refunded.

9. General

9.1 This Contract has been freely negotiated and shall be recognised as the entire agreement between the parties. It may only be varied, amended or changed with the consent in writing of Paige Mary.

9.2 This Contract is between Paige Mary and You.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any of its provisions.

9.3 If any of the provisions of this Contract are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, they shall be deemed severed from the remainder of this Contract.  The remainder of the Contract shall be valid and enforceable.

9.4 A failure or delay by Paige Mary in exercising any rights under this Contract will not waive that right, and no waiver by Paige Mary of a breach of any provision of this Contract will waive any subsequent breach of the same or any other provision.

10. Governing Law and Jurisdiction

The Contract and the relationship between the parties (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

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