- Introduction
These Terms and Conditions (“T&Cs”) govern the agreement between you (“Client”) and Body And Soul Studios Ltd. (“Studio”), relating to the booking and provision of photography and videography services. By confirming your booking, you agree to be bound by these T&Cs.
- Our Details
- Company Name: Body And Soul Studios Ltd
- Address: Studio 107A, Netil House, 1 Westgate Street, London E8 3RL
- Telephone Number: 07400206548
- Email Address: abbey@bodyandsoulstudios.uk
- The Photo Shoot
- Commitment to Scheduled Date and Location: We will use all reasonable endeavours to hold the Photo Shoot on the agreed Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling, and refund policy set out in section 8 below.
- No Guarantee of Specific Outcomes: Due to the nature of the photographs taken during your Photo Shoot (‘Photographs’), we cannot guarantee any particular outcomes or fulfil specific requests. We will, however, conduct the Photo Shoot with professional skill and care, in accordance with UK law.
- Artistic Discretion: We will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot. However, the Photographer retains absolute discretion over the artistic aspects and nature of the Photographs.
- Type of Photo Shoot
We offer in-studio shoots with natural light and/or flash, using a range of outfits, costumes, props, and lingerie. Nudity/implied nudity is optional.
- Photo Shoot Date and Time
- The photo shoot will be scheduled for a specific date and time agreed upon booking.
- Each session will last no more than two and a half hours.
- Location
- Photo Shoot Location: Studio 107A, Netil House, 1 Westgate Street, London E8 3RL
- Session Fees
- Session Fee agreed upon at time of booking, inclusive of VAT.
- The fee includes the full Body & Soul Experience with makeup application.
- Payment is required in full at the time of booking.
- Model Release
By booking a photo shoot with Body And Soul Studios Ltd., you agree to the following terms regarding the use of your likeness and image:- Grant of Rights: You hereby grant Body And Soul Studios Ltd., its representatives, and assigns the irrevocable, perpetual, and unrestricted right to use and publish your likeness, image, voice, and persona as captured in photographs, video, and any other media (“Media”) taken during your photo shoot. This grant includes the right to use, reproduce, edit, distribute, display, and publicly perform the Media in any form and for any purpose, including but not limited to marketing, advertising, promotional materials, and social media, both in print and digital formats.
- Scope of Use: The Media may be used in composite or distorted representations, in colour or black and white, and with or without your name. The usage rights include but are not limited to:
- Online and offline advertising campaigns
- Social media platforms
- Print materials such as brochures, posters, and flyers
- Studio portfolios and promotional materials
- Website and blog content
- No Compensation: You acknowledge that you will not receive any compensation, payment, or royalty for the use of the Media. Your participation in the photo shoot is voluntary, and you will not claim any future compensation or royalties from Body And Soul Studios Ltd. or any third parties authorised by the studio to use the Media.
- Waiver of Cooling-Off Period
By confirming your booking for the Photo Shoot, you explicitly agree to waive your right to the 14-day cooling-off period under consumer protection law. You acknowledge and accept that, due to the commencement of personalised services—including the allocation of studio resources specifically for your Photo Shoot—your right to cancel this contract without charge is waived from the moment your booking is confirmed.
You understand and agree to the following terms:
- Non-Refundable Deposit: The shoot deposit is non-refundable, as explained during the booking process.
- Liability for Services Rendered: You are liable for payment for any services provided up to the point of cancellation.
- Commencement of Services: This agreement allows Body and Soul Studios Ltd. to commence preparations and allocate resources upon your booking confirmation, ensuring that we can deliver a personalised and high-quality photo shoot experience.
By proceeding with the booking, you confirm that you understand and agree to these terms, which are necessary for Body and Soul Studios Ltd. to proceed with your booking.
- Client Responsibilities
- The Client agrees to arrive on time and be fully prepared for the Photo Shoot as discussed in prior communications. In the event of a late arrival, the session time will not be extended, and the session will end at the scheduled time. If the Client fails to show up, the session fee will not be refunded, and a new booking will be required.
- The Client agrees to arrive on time and be fully prepared for the Photo Shoot as discussed in prior communications. In the event of a late arrival, the session time will not be extended, and the session will end at the scheduled time. If the Client fails to show up, the session fee will not be refunded, and a new booking will be required.
- Cancellation, and rescheduling policy
Cancellation
- Acknowledgment of Bespoke Service: By booking a Photo Shoot with Body and Soul Studios Ltd., you acknowledge that the service is highly personalised, involving significant preparation that is unique to your scheduled session. This includes, but is not limited to, sending a personalised gift, customising your experience through a styling call, and reserving exclusive studio time, which prevents other bookings.
- Waiver of Cooling-Off Period: Given the custom preparations that commence immediately upon booking, you agree to waive the standard 14-day cooling-off period provided under consumer protection laws. This waiver allows us to allocate resources, send out personalised materials, and ensure studio availability for your session, making the shoot deposit non-refundable.
- Cancellation by the Client: Due to the personalised nature of each Photo Shoot, once you have waived the cooling-off period and confirmed your booking, the shoot deposit becomes non-refundable. If you need to cancel the Photo Shoot for any reason after this point, please be aware that refunds cannot be issued for the deposit or any other pre-incurred costs related to the preparations for your session. Additionally, a cancellation fee of £100 will be charged to cover administrative costs and lost booking potential. This fee is due upon cancellation and is separate from any non-refundable deposit or pre-incurred costs.
- Provider Cancellation: Should Body and Soul Studios Ltd. need to cancel your Photo Shoot for any reason, we will offer an alternative date for the session. If no suitable date can be found, a full refund of any payments made, including the shoot deposit, will be provided.
- Termination Due to Extenuating Circumstances: If unforeseen circumstances necessitate the termination of the Photo Shoot on the scheduled date (e.g., inappropriate behaviour, illness), Body and Soul Studios Ltd. reserves the right to withhold refunds for the deposit and any preparatory costs incurred.
Rescheduling
- Client-Initiated Rescheduling: We understand that unexpected situations can arise, necessitating a change in your Photo Shoot Date. If you find yourself in such a situation, we kindly request that you inform us at the earliest opportunity. While we commit to accommodating your new preferred date to the best of our ability, we cannot guarantee the availability of all dates. To facilitate this flexibility, a rescheduling fee of £100 will be applied to cover the administrative and preparation costs incurred.
- Provider-Initiated Rescheduling: On rare occasions, external factors beyond our control, such as adverse weather conditions or other unforeseen events, may require us to reschedule your Photo Shoot Date. Should this occur, we will promptly notify you to discuss and agree on a new suitable date. Our priority is to find a rescheduled date that aligns with your availability while maintaining the quality of service you expect from us.
- Restrictions on Rescheduled Dates: Once a Photo Shoot Date has been rescheduled, the new date is final and cannot be subject to further cancellation by the client. This policy ensures that we can manage our schedule and resources effectively, providing the best service to all our clients.
We appreciate your understanding and cooperation with our rescheduling policy, designed to offer flexibility while ensuring that we can continue to deliver high-quality, personalised photo shoots to all our clients.
- Fees and payment
- You must pay the Total Session Fees in accordance with the terms of payment specified in the Key Terms. If any payment is due prior to the date of the Photo Shoot, full payment must be received in order to confirm your booking. The Total Session Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy set out in section 11 above.
- Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.
- Liability
- We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive Photographs and Artwork Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
- Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and Package Fee actually paid by you to us in relation to the Photo Shoot and your order. We will not be liable to you for:
- your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
- any indirect or consequential loss.
- Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and/or
- any other matter for which it would be illegal to exclude or attempt to exclude our liability.
- Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.
- Except as set forth in this section 13, to the fullest extent permitted by law, we disclaim all warranties, implied or express.
- Intellectual property rights
- We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
- If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly prohibited.
- If you purchase a Package comprising digital images, you are granted a licence to view the digital images for your own personal use only. This licence does not include the right to create any Artwork Products using the digital images. All rights, including the right to create physical reproductions or to alter the digital images, remain exclusively with Body And Soul Studios Ltd. Any unauthorised use, reproduction, or alteration of the digital images is strictly prohibited.
- Without our prior consent, you undertake not to
- use any Artwork Product or digital images that are provided to you for any commercial purpose, or
- crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you. We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Proofs Gallery. You agree not to try to circumvent any such measures.
- Privacy
We take your privacy seriously and are committed to protecting your personal data. We use and process your personal information in accordance with our Privacy Policy. For detailed information on how we collect, use, store, and protect your data, please review our Privacy Policy, available at https://bodyandsoulstudios.uk/privacy
Miscellaneous
- Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
- Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that:
- is publicly available or becomes publicly available through no act or omission of the receiving party,
- is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto,
- is or has been independently developed by such party, without use or reference to the other party’s confidential information, or
- must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.
- Events Outside Our Control: If we are prevented or delayed from carrying out the Photo Shoot or supplying your Package or Artwork Products by an event outside our control (including acts or god, fault or failure of equipment, software, hardware, networks, epidemic, pandemic or widespread outbreak of illness or disease, or infrastructure or failure by third parties), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods or services you have paid for but not received.
- Force Majeure: Neither party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, governmental regulations, or any other event of force majeure. In such cases, the Photo Shoot will be rescheduled to a mutually agreed date.
- Indemnification: The Client agrees to indemnify and hold harmless Body And Soul Studios Ltd., its employees, agents, and affiliates from any claims, liabilities, damages, or expenses arising out of the Client’s breach of this Agreement or any negligent or wrongful acts by the Client during the Photo Shoot.
- Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of England. You and we irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute.