Terms & Conditions
Contractual Agreement
1) Applicable Law
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
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2) Deposit
a) By booking with Baby Fox Photography you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Deposits taken for all sessions are non refundable except in the event Baby Fox Photography cancels the booking. lf a booking is made via our online booking system and no suitable date can be arranged for the chosen session online, Baby Fox Photography would ask that the client makes contact to check further available options.
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3) Refund Policy
Refunds are given only at Baby Fox Photography’s discretion. Refunds will be given should in the event that a session cannot take place due to events out of both clients and Baby Fox Photography’s control.
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4) Fulfilment of Obligations
a) Baby Fox Photography shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as Baby Fox Photography professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client fails to read the supplied session information, and therefore fails to carry out required preparations prior to any session, Baby Fox Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) If Client is more than 30 minutes late for a session without communication the session is cancelled and no refund will be given on any deposit or session fee paid. A full session fee will need to be paid to rebook.
f) If client is late this time will be deducted from the time of the session. Baby Fox Photography will not be held responsible if client feels that the quantity of images is reduced due to time constrictions.
g) It is the clients responsibility to ensure they arrive on time; by checking routes, location and any other factors that will affect the travel for themselves on that day.
5) Payments and/or Cancellations
a) Deposit fees are due at the time of booking to secure your session. This deposit is non-refundable.
b) The remaining balance will be due in full prior to your arrival. Client agrees to ensure that payment has been made prior to attending their session with Baby Fox Photography. Baby Fox Photography will automatically send reminders in regards to payment and will do their best to contact client in the event that no payment has been made, however, responsibility is of the Client's to ensure payments are made in a timely manner.
c) Any additional images purchased will need to be paid for within 48 hours. Baby Fox Photography will not begin editing the gallery until this payment has been received. It is the Client's responsibility to ensure payment has been made.
d) Should the Client need to cancel or re-arrange their session, Baby Fox Photography asks that all notifications of change are made by contacting Baby Fox Photography via email or telephone. Cancellations or re-scheduling should be done with at least 24 hours notice. In the event that this timing is not given, no refunds will be given and a new session fee will be requested to reschedule. It will be be at Baby Fox Photography's discretion should they wish to waive this additional session fee depending on individual circumstances.
6) Bookings
Clients will be booking via the online booking system. Although Baby Fox Photography accepts last minute bookings, Baby Fox Photography asks that all bookings be made with at least 7 days notice to ensure Baby Fox Photography can accommodate your booking. In the event that you make a booking without 7 days notice, your booking may be cancelled and you will be contacted to find another suitable date. In the event that this is not possible, Baby Fox Photography will not refund the payment made. It is the Client's responsibility to ensure that this time frame is adhered to when booking on the system.
7) Image Production & Handling
a) Save as otherwise agreed between the Client and Baby Fox Photography, Baby Fox Photography shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes, but is not limited to, locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the Client's full expectations. In the event of unco-operative children at a session of any kind, for any reason, Baby Fox Photography may not be able to capture any, or all, images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) Baby Fox Photography does not fully edit all images before sending a viewing gallery to Client. Edits initially made are basic adjustments and full edits are only made upon selection.
c) Baby Fox Photography aims to send viewing galleries within 72 hours of session time, however viewing galleries may take up to one week to be sent during busy periods.
d)When editing, Baby Fox Photography will use their professional judgement in ensuring the images have a clean edit in line with work shown and throughout online galleries available to view at babyfoxphotography.co.uk.
e) Extensive edits such as head-swaps are done at the discretion of Baby Fox Photography. One head-swap will be given where necessary if the Client requests, free of charge. Any additional head-swaps will be charged at the rate of £15 per image. Any additional edit requests MUST be raised by Client at the time they receive their viewing gallery. Requests not raised at this stage will not be considered once images have been sent.
f) Upon receiving the viewing gallery, Client must select favourite images and notify Baby Fox Photography of selection within 7 days. Edits will then be carried out within 6 weeks of the selections being made. Baby Fox Photography will send final images digitally and it is the Clients responsibility to download, save and back up within 7 days, before the link expires. Client will be charged a £20 admin fee should they need to resend completed galleries after 28 days of receiving their gallery.
g) If the client does not respond with selections or download their finished gallery, within three months of the session without arrangement, Baby Fox Photography will assume they are not wanted and will delete all files.
8) Copyright & Reproduction
a) Copyright is retained by Baby Fox Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Baby Fox Photography. This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Baby Fox Photography’s written permission.
c) Permission to reproduce a picture is granted to the Client by Baby Fox Photography only when a fee for the reproduction has been agreed with Baby Fox Photography and an invoice has been issued by Baby Fox Photography and paid in full by the Client to Baby Fox Photography.
9) Camera Policy
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of Baby Fox Photography.
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10) PRIVACY
Please see our privacy policy.
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11) Use of Pictures
Baby Fox Photography retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
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12) Permission for Photography
The client grants Baby Fox Photography and his/her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me and/or my family, for editorial, trade, advertising, and any other purpose and in any manner and medium, and to alter and composite the same without restriction and without the clients inspection or approval. The client releases Baby Fox Photography and his/her legal representatives and assigns, from all claims and liability relating to said photographs.
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13) Model Release
Unless specified in writing, Baby Fox Photography makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
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14) Gift Vouchers
a) Gift vouchers purchased from Baby Fox Photography are only valid for 12 months from date of purchase or until the date written on the gift voucher itself. Gift vouchers must be presented when arriving for the booked session.
b) Gift vouchers cannot be exchanged for cash and are non transferable. No refunds will be given.
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Last Updated: 15 September 2023
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Privacy Policy
General Data Protection Regulation Policy
Baby Fox Photography is committed to managing and safeguarding the information you provide us with. Supporting the changes in the General Data Protection Regulations (most commonly known as GDPR), we have updated our privacy policy which can be read below.
When you make contact with Baby Fox Photography, your details are used purely for us to get back in contact with you. At no point are your details used as an excuse to market our services in the future, nor are your details passed on to any third parties.
Your contact details and any information you supply remain solidly a communication between you and us only.
Who is Baby Fox Photography?
Baby Fox Photography is a professional newborn and family photographer in Kent. We gather and process your personal information that you provide to us in accordance with this privacy policy and in compliance with the relevant data protection laws. This notice provides you with the necessary information and explains how, why and when we collect and process your personal data.
What data we collect and why we collect it
Baby Fox Photography may collect information about you when you contact us or submit an enquiry via the website, telephone or by email. The type of information we collect typically includes your name, postal address, billing details (including possibly your payment care information with your permission), e-mail address and telephone number.
We may also obtain information about our usage of this website using Cookies (see more information about our Cookies policy below).
Our Legitimate interests
The normal legal basis for processing customer data, is that it is necessary for the legitimate interests of Baby Fox Photography, including:
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Selling and supplying our services
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Protecting customers, employees and other individuals and maintaining their health, safety and welfare
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Promoting, marketing and advertising our services
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To carry out our obligations arising from any contracts entered between you and us
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To provide you with information, or services that you request from us.
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To notify you about changed to our services
Cookies
Cookies are very small files that are sent by us to your computer or other access device which we can access when you visit our site in future. Cookies help us remember who you are and other information about your visits. Most websites use cookies.
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Our cookies do not contain any personally identifying information, but they do enable us to provide a more user-friendly experience. We do not use cookies to gather personal information such as a person’s name or e-mail address. However, in order to track usage on our website, we may use cookies to identify repeat visitors to the website and to determine the path visitors take on our site. Any information gathered using cookies is compiled on an aggregate and anonymous basis.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
How will we share your data
Baby Fox Photography do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement.
We use trusted third-parties to provide the below services and business functions, however all processors acting on our behalf only process your data in accordance with instructions from us and comply fully with the privacy notice, the data protection laws and any other appropriate confidentiality and security measures.
We may disclose your information to third parties if:
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We are under a duty to disclose or share your personal data in order to comply with a legal obligation
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In order to apply or enforce our contracts with you
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To protect our rights or our safety and / or the safety of our customers, or others.
We may also disclose your information to our suppliers and contractors to provide information to you on our behalf and / or in order to fulfil our contracts with you.
These third parties may include:
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Local authorities
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Financial and legal advisers
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Utility and service providers
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Sub-contractors
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Dropbox / we transfer or other such file sharing sites.
How long we retain your personal data
Baby Fox Photography will only ever retain personal information for as long as is necessary and legally required.
Your rights over your personal data
You have the rights to review and update any personal information that South East Refurbishments Ltd hold.
If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we strive to update and correct it as quickly as possible unless there is a valid reason for not doing so, at which point you will be notified.
If you would like your personal data to be removed or amended, please contact us: –
info@babyfoxphotography,co.uk | 07458 362868
How will we protect your personal information
Baby Fox Photography take protection of your information seriously and have appropriate physical and technological security measures in place to keep it safe. Internally, we restrict access to personal information. Only employees who need the information in order to do their jobs have access to it. We never transfer your data outside of the UK.
Changes to this policy
To achieve our aims and to uphold compliance with legislation through this implementation of this policy, South East Refurbishments Ltd will review this policy regularly and update where necessary.
Terms of Use
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the babyfoxphotography.co.uk website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Age Requirement
You must be at least 16 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting Us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to info@southeastrefurbishments.co.uk.
[This document was last updated on September 11th 2023]