These Terms and Conditions outline our agreement when you book a photo shoot with Body And Soul Studios Ltd. By making payment for your session, you agree to these terms.
1. ABOUT US
Body And Soul Studios Ltd
Studio 107A, Netil House
1 Westgate Street, London E8 3RL
Phone: 07400206548
Email: abbey@bodyandsoulstudios.uk
2. THE PHOTO SHOOT EXPERIENCE
Session Details
- Standard sessions are allocated up to 2.5 hours, including makeup application time
- Sessions take place at our studio or agreed location, subject to availability
- The session includes access to our photographic equipment and lighting
- We provide professional direction and guidance throughout
- Following your session, you’ll have access to a curated selection of images
What’s Included
- Professional makeup application (unless otherwise specified)
- In-studio shoot with natural light and/or flash
- Access to our range of outfits, props, and styling options
- Professional direction and guidance throughout your session
- Image selection process after your shoot
Service Standards
We apply professional skill, judgment, and artistic discretion in all aspects of our photography services. Photography is inherently subjective, and outcomes depend on various factors including lighting conditions, subject cooperation, and artistic interpretation. While we make reasonable efforts to create satisfactory images, we do not guarantee specific artistic results or that all images will meet subjective expectations.
3. BOOKING, PAYMENT & CONTRACTUAL ACCEPTANCE
Payment Terms
- Your session fee is payable in full at the time of booking
- All fees quoted include VAT where applicable
- All payments are processed securely through our authorized payment processors
- Late or declined payments may result in cancellation of your booking without notice
Formation of Contract & Acceptance of Terms
- A binding contract is formed immediately upon our receipt of your payment
- By proceeding with payment, you expressly and unequivocally accept these Terms and Conditions in their entirety
- Your acceptance applies regardless of whether you have read the Terms and Conditions
- These Terms and Conditions shall apply to the exclusion of any other terms that you seek to impose or incorporate
- We reserve the right to decline any booking at our absolute discretion, in which case a full refund will be provided
- Any amendments to the contract must be confirmed by us in writing to be valid
- Your payment constitutes an electronic signature for the purposes of the Electronic Communications Act 2000 and is your agreement to be legally bound by these Terms and Conditions
Payment Method Authorization
- By providing your payment details, you authorize Body And Soul Studios Ltd to charge your payment method for the full session fee and any applicable additional fees as outlined in these Terms
- You certify that you are the authorized holder of the payment method provided
- You further authorize Body And Soul Studios Ltd to charge this payment method for any cancellation fees, rescheduling fees, or other charges that may become due under these Terms without requiring additional authorization
4. NON-REFUNDABLE DEPOSIT & WAIVER OF STATUTORY COOLING-OFF PERIOD
A. Non-Refundable Deposit
The initial payment (deposit) is non-refundable under any circumstances whatsoever. This deposit represents a genuine pre-estimation of our administrative costs, opportunity loss, and immediate service commencement costs. The non-refundable status applies regardless of the reason for cancellation, including but not limited to illness, emergency, change of mind, or any force majeure events.
B. Immediate Service Commencement
When you book with us, we begin delivering bespoke services immediately upon receipt of your payment:
- We allocate exclusive studio resources that cannot be offered to others
- We commence preparation of personalised materials including your welcome gift
- We initiate your custom styling plan and consultation scheduling
- We begin creative preparations specific to your session requirements
- We decline other booking opportunities for your reserved time slot
- We secure and allocate staffing resources specifically for your session
- We begin administrative processes unique to your booking
C. Cooling-Off Period Waiver
By making payment, you are explicitly and unequivocally requesting Body And Soul Studios Ltd. to begin these services immediately. You acknowledge and agree that:
- These are bespoke services specifically tailored to your individual requirements
- The services commence immediately upon your payment
- In accordance with Regulation 36(1)(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you expressly waive your statutory right to cancel within the 14-day cooling-off period
- You understand that this waiver means you cannot change your mind and demand a refund once payment is made
- You acknowledge that your deposit is therefore non-refundable, as permitted under UK consumer law when services have commenced at the consumer’s express request
- You confirm your understanding that this applies even if you decide to cancel before the photo shoot takes place
- This waiver is a material condition of our agreement to provide services
5. CANCELLATIONS, RESCHEDULING & YOUR RESPONSIBILITIES
A. Client Cancellations
If you need to cancel your booking for any reason:
- A cancellation fee of £100 will be automatically charged to your payment method on record
- This fee is payable immediately upon cancellation notification and is separate from and in addition to the non-refundable deposit
- The cancellation fee applies regardless of the reason for cancellation, including but not limited to illness, emergency, change of mind, or personal circumstances
- Cancellation notifications must be made in writing via email to abbey@bodyandsoulstudios.uk
- You hereby expressly authorize Body And Soul Studios Ltd to charge the payment method provided at booking for this cancellation fee
- You expressly agree not to dispute or chargeback this fee through your payment provider
B. Client-Requested Rescheduling
If you request to reschedule your session:
- A non-negotiable rescheduling fee of £100 will be automatically charged to your payment method on record
- You hereby expressly authorize Body And Soul Studios Ltd to charge the payment method provided at booking for this rescheduling fee
- Rescheduled dates are considered final and binding once confirmed
- Any subsequent cancellation or rescheduling of a rescheduled session will incur additional fees as outlined above
- Rescheduling is subject to our availability and cannot be guaranteed
- Rescheduling requests must be made at least 48 hours prior to your scheduled session
- Failure to request rescheduling within this timeframe will be treated as a cancellation
- You expressly agree not to dispute or chargeback this fee through your payment provider
C. Studio Cancellations
In the rare event that we need to cancel your session due to circumstances within our control:
- We will offer alternative dates at no additional cost
- If no suitable date can be agreed upon, we will provide a full refund of any amounts paid
- Our liability for such cancellation is strictly limited to the refund of fees paid and shall not extend to any consequential losses or expenses incurred by you
D. Force Majeure Events
In exceptional circumstances that are genuinely beyond either party’s control:
- We may, at our sole discretion, offer alternative arrangements or modified terms
- Standard cancellation and rescheduling policies will typically still apply
- We reserve the right to assess each situation individually
- Ordinary illnesses, transportation difficulties, work commitments, or personal scheduling conflicts are not considered exceptional circumstances
E. Your Responsibilities
You are responsible for:
- Arriving promptly at the scheduled time (sessions will end at the scheduled time regardless of your arrival time)
- Ensuring you are fully prepared for your session
- Communicating any special requests at least 48 hours before your session
- Following all photographer instructions and guidance during the session
- Making final image selections at your Reveal and Ordering Zoom call with your Art Curator
- Failure to select images within this timeframe will result in forfeiture of your right to selection, and we may select images on your behalf at our discretion
F. Prohibition on Chargebacks
- You expressly agree not to initiate any chargeback against Body And Soul Studios Ltd through your payment card issuer or payment platform
- You acknowledge that all disputes must be resolved directly with us according to these Terms and Conditions
- You understand that initiating a chargeback constitutes a breach of these Terms and may result in additional administrative fees of £250, collection efforts, and/or legal proceedings
- You agree that in the event of any dispute, you will first contact us directly to resolve the matter before involving any third parties
- In the event that you initiate a chargeback in breach of these Terms, you agree to pay all costs incurred by us in defending against such chargeback, including but not limited to administrative costs, legal fees, and any fees charged to us by our payment processors
G. Authorization for Charges
By accepting these Terms and Conditions, you explicitly authorize Body And Soul Studios Ltd to charge the payment method used for your booking for any cancellation or rescheduling fees described above, without requiring additional authorization.
6. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
A. Copyright Ownership
- Body And Soul Studios Ltd. retains absolute and exclusive copyright ownership of all photographs created during your session, as established under Section 11 of the Copyright, Designs and Patents Act 1988
- No copyright, intellectual property rights, or ownership of images is transferred to you at any time
- Any unauthorised reproduction, modification, or distribution constitutes copyright infringement and may result in legal action
- You acknowledge that our retention of copyright is a fundamental and non-negotiable term of our agreement
B. Limited License Grant
When you purchase digital images, you receive a non-exclusive, non-transferable, revocable license for personal use only, subject to the following strict conditions:
Permitted Actions:
- Display prints in your private residence
- Share digital images on personal social media accounts
Prohibited Actions (Constituting License Violation):
- Any editing, cropping, filtering, or alteration of images in any form
- Submission to any third-party platforms, publications, contests, or websites
- Creation of printed products from digital files (unless explicitly included in your package)
- Removal of watermarks, metadata, or copyright information
- Transfer of license rights to any third party
- Commercial use of any kind
- Use in any political, defamatory, or objectionable context
Explanation for Editing Prohibition: This editing restriction exists to protect both parties. As professional photographers, our reputation depends on the consistent quality and style of our work. When images are edited by others, this can damage our brand if the modified images are attributed to us. Additionally, edited images create potential copyright complications, as they may constitute derivative works not covered by your license.
Violation of these license terms will result in immediate termination of your license and may lead to legal action.
C. Physical Products
- When you purchase physical products (prints, albums, etc.), you own only the physical item itself
- Scanning, reproducing, or digitising these products is strictly prohibited and constitutes copyright infringement
- The physical product may not be altered, modified, or reproduced in any way
7. IMAGE USAGE BY BODY AND SOUL STUDIOS
A. Storage and Security
We understand the sensitive nature of portrait photography and treat your images with the utmost care and respect:
- All your images are stored securely on encrypted systems
- We keep full sessions strictly private and confidential
- We maintain the highest ethical standards regarding client imagery
B. Standard Promotional Usage
As part of our standard agreement, you grant Body And Soul Studios Ltd. permission to use selected non-sensitive images for our portfolio, social media, and promotional materials for a period of five (5) years from the date of your session. We always exercise professional judgment in selecting appropriate images that maintain your dignity and privacy.
Your Comfort is Our Priority: If at any time you feel uncomfortable with an image we’ve shared, simply contact us and we will promptly remove it without question. Your comfort and satisfaction are paramount to us, and we’re committed to ensuring you feel positive about how your images are used.
C. Private Session Option
If you prefer complete privacy for all your images, you must notify us in writing before your session by emailing abbey@bodyandsoulstudios.uk with the subject line “Private Session Request,” and we will ensure none of your images are used for promotional purposes. Absence of such notification constitutes your agreement to our standard promotional usage rights. We reserve the right to determine, at our sole discretion, which images are appropriate for promotional use while maintaining our commitment to client dignity and privacy.
D. Additional Marketing Consent
After your session, we may contact you to request permission to use additional images for specific marketing purposes. You are always free to decline such requests with no impact on your service.
8. PRIVACY & DATA PROTECTION
Your privacy matters to us:
- We store your images securely on encrypted systems in accordance with industry best practices
- We keep your contact information only as long as needed to deliver our services
- We never share your personal information with third parties without your consent
- You can request deletion of your data or images at any time (subject to our legal obligations)
- Our full Privacy Policy is available at https://bodyandsoulstudios.uk/privacy
9. STYLING OPTIONS & CREATIVE DIRECTION
- We offer various styling options from fully clothed to artistic nude
- During your shoot, the photographer will always respect your comfort level
- You can change your mind about styling options at any time during your session
- You’ll have the opportunity to review all images and request deletion of any you’re uncomfortable with
- Final creative decisions regarding lighting, composition, and artistic direction remain with the photographer
- We reserve the right to reject any styling requests that we consider inappropriate, unsafe, or contrary to our artistic vision
10. LIMITATION OF LIABILITY
Notwithstanding our commitment to providing professional services, you expressly acknowledge and agree that:
A. Liability Cap
Our total aggregate liability to you arising out of or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall under no circumstances exceed the total amount paid by you to us in relation to the photo shoot.
B. Excluded Losses
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
- Loss of profit, revenue, business opportunity, anticipated savings, or earnings
- Loss of goodwill or reputation
- Loss of, damage to, or corruption of data or information
- Any indirect, consequential, special, or punitive losses or damages
- Any failure to deliver specific artistic outcomes or fulfill subjective expectations regarding image quality, composition, or style
- Dissatisfaction with your physical appearance in photographs
- Technical limitations inherent in the photographic process
C. Statutory Rights
Nothing in these Terms and Conditions shall limit or exclude our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any other liability which cannot be limited or excluded by applicable law
We maintain professional indemnity insurance as a matter of best practice, but this does not extend our liability beyond the terms stated herein.
11. GENERAL LEGAL PROVISIONS
A. Entire Agreement
These Terms and Conditions, together with any booking confirmation we provide, constitute the entire agreement between you and Body And Soul Studios Ltd. regarding your photo shoot and supersede all prior agreements, representations, and understandings between us, whether written or oral.
B. Severability
If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
C. No Waiver
No failure or delay by Body And Soul Studios Ltd. to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
D. Assignment
You may not assign, transfer, sub-license, or sub-contract any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer our rights and obligations to another business entity if we so choose.
E. Third Party Rights
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
F. Governing Law and Jurisdiction
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.
G. Amendments
We reserve the right to amend these Terms and Conditions at any time. The version of the Terms and Conditions in effect at the time of your booking will apply to your photo shoot.
H. Electronic Records
We maintain secure electronic records of all transactions, communications, and acceptances of our Terms and Conditions. These records shall be deemed accurate and binding in the absence of clear and convincing evidence to the contrary.
I. Communication
All notices and communications under these Terms shall be in writing (which includes email) and sent to the email addresses provided by each party. You are responsible for ensuring that your contact information remains current and that you monitor the email address provided for communications from us.
QUESTIONS?
We want you to feel completely comfortable with these terms. If you have any questions before booking, please contact us at abbey@bodyandsoulstudios.uk.
Last updated: March 2025