STRIP/TEASE BOOK TERMS AND CONDITIONS OF PURCHASE
Buyers outside of the UK may be charged handling or custom fees, dependent on the laws of the country you are ordering from. This cost is not included in item or shipping prices. These costs are the responsibility of the buyer.
Tigz Rice is happy to refund unwanted, unsigned books on presentation of a valid proof of purchase, provided they are returned within 30 days of purchase and in pristine condition. Payment (minus any transaction fees, shipping costs and return custom charges) will be refunded via your original payment method within 10 working days.
Please note that as a small, independent business, Tigz Rice cannot offer a free returns service or cover shipping costs for returns.
If for any reason your book arrives damaged in the post, please contact Tigz Rice immediately with proof of damage at bookings@tigzrice.com.
GIFT VOUCHERS & MENTORING (E-VOUCHERS) TERMS AND CONDITIONS OF PURCHASE
Please note that Tigz Rice is a mobile photographer and therefore E-Vouchers do not include location hire or travel costs (where applicable). Please bear this in mind at time of purchase.
E-Vouchers ordered through our Website will be delivered automatically by electronic means to the email address you specify at the time of order. Our E-Vouchers include unique numbers – your order number and your email address will be used to verify your E-Voucher purchase.
When ordering an E-Voucher, you should ensure to enter the recipient’s email address correctly. Tigz Rice Limited cannot be held responsible if the address is entered incorrectly and someone other than the intended recipient uses the E-Voucher.
All E-Vouchers expire 12 months from the date of issue. Strictly no extensions will be allowed.
E-Vouchers are non-refundable and cannot be exchanged for cash in part or full and are valid for a single transaction only.
E-Vouchers are not valid on existing bookings or in conjunction with any special promotion.
An E-Voucher cannot be used to purchase a further E-Voucher.
Tigz Rice Limited are not responsible if an E-Voucher is lost, stolen, destroyed or used without permission and no replacement will be provided in these circumstances.
On redemption of an E-Voucher, all persons taking part in the photoshoot/mentoring session will be required to sign a participation contract.
In accordance with Distance Selling Regulations, you have a right to cancel your order within a fourteen-day cooling-off period, provided the E-voucher has not already been claimed. All funds paid to the Photographer will be refunded, minus any transaction fees and/or shipping costs.
VIRTUAL BOUDOIR SHOOT TERMS AND CONDITIONS OF PURCHASE
This Contract is between the Client (YOU) and the Photographer, Tigz Rice.
AGE OF CONSENT: The Client confirms that the Client is aged 18 years or older and is eligible for boudoir photography services.
FREE WILL: The Client agrees that they are signing this agreement freely and voluntarily without duress or coercion and has been fully informed of the consequences of their signature hereto.
SERVICES: All Services to be provided under this Contract are listed in the individual product description at time of purchase.
PAYMENT: The Client shall make a non-refundable payment of the full session amount to the Photographer, which shall be considered a Booking Fee. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. No appointment is confirmed until this payment has been received. Due to the custom nature of photography, all sales are final.
CANCELLATION: If for any reason the Client decides to cancel the booking, the Client agrees that the Session Fee shall be forfeited. If the Shoot Date needs to be re-scheduled for any reason, these Cancellation conditions will apply.
If The Photographer has to cancel this contract for reasons beyond their control, (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. Services or products already supplied will, however, be considered when calculating the refund.
LATE ARRIVALS: Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. If additional photography is required, this will be charged at an hourly rate of £150.
PHOTOGRAPHIC MATERIALS: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed-upon amount is paid in full per the payment schedule outlined in this Contract
COMPLETION SCHEDULE: Completion schedules and delivery of products shall be determined from the date of the Event. Digital Images shall take up to 6 weeks from time of order to be processed and delivered to the Client via an online gallery website. The online gallery shall remain open for 14 days from delivery. If the Client requests to extend the online proofing gallery to a period of six months from the shoot date, or reopen the proof gallery at any point during this six-month period, a £100 admin fee shall apply.
CREATIVE LICENSE: The Photographer shall be granted creative and artistic licence in relation to the photographs and judgement on photographic style. The Photographer will make every effort to accommodate Client requests, although cannot guarantee that any specific photo will be taken. The Photographer has the right to refuse to produce any image that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, trauma, death, equipment damage or property damage or destruction.
ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of final photographs and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional retouching may be requested by the Client and will be charged according to the Photographer’s current rates.
IMAGE QUALITY: The Client acknowledges that due to the nature of a virtual shoot, internet quality, available light and the technology utilised by the Client will effect the overall image quality to an unknown extent. As a result, the final images will not be comparable to photos taken with professional equipment. The final images provided will be low resolution and may have a soft focus as well as high levels of noise.
COPYRIGHT AND REPRODUCTIONS: The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does provide the Client permission to resize photographs for Internet-based usage.
CLIENT USAGE: The Client shall only use the photographic files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorisation to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer.
SOCIAL MEDIA: The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the Photographer in the caption of all photographs uploaded to social media websites and profiles.
PRIVACY: Due to the personal nature of boudoir photography, the Photographer will not sell, license, or otherwise distribute your images or personal information to any third party without your express permission.
PHOTOGRAPHER’S STANDARD PRICE LIST: The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
LIMIT OF FILE STORAGE: The Photographer may destroy, delete, or otherwise erase all image files 6 months after the photographic event. After you have received your images, it is your responsibility to make sure they are stored safely. Once you have received your digital images please check that you can view all of the images provided. If The Client encounters problems reading the media, The Client must notify The Photographer within 14 days. After this period, if the Client requires the images to be re-sent, this service will be priced according to The Photographer’s current price list.
WARDROBE AND STYLING: The Client is responsible for choices in wardrobe, including direction of hair and makeup during the Session. No re-shoots are available due to the Client disliking the wardrobe or styling in photos.
INAPPROPRIATE AND/OR ILLEGAL BEHAVIOUR: The Client understands that the Photographer operates a zero tolerance policy towards inappropriate or illegal behaviour, including – but not limited to – verbal abuse, physical abuse and sexual harassment. Should the Client behave inappropriately during the course of the session, the Photographer may cease work and retain all fees.
FORCE MAJEURE: Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such Party’s control, including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failure, governmental action, or communication disruption. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after or during the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable.
LIMITATION OF LIABILITY:
a. The Photographer(s) will use all reasonable skill and care in supplying the Goods and Services.
b. In respect of Goods and Services provided to The Client electronically, The Photographer shall have no liability arising out of:
i. The colour accuracy of electronic digital data images downloaded or reproduced from digital files; The Client shall be responsible for checking and approving of the quality of all digital data images/ photographs provided by The Photographer prior to printing.
ii. Corruption, distortion, partial or total loss of electronic digital data images from digital files provided by The Photographer; The Client recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed.
iii. Degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files.
iv. Electronic computer viruses introduced to The Client’s hardware, software or other user interfaces by digital files provided by The Photographer. The Client shall be responsible for ensuring that no electronic computer virus is transmitted to any computer, hardware, software, website, network or other user interface and The Photographer shall have no liability whatsoever.
c. Subject to (e) below, The Photographer will not be liable for any consequential, indirect or economic loss (including, without limitation, loss of profits, opportunity or bargain), whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty.
d. Subject to (e) below, the liability of The Photographer for any direct loss, whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty shall be limited to The Photographer’s fee for the Services and/or Goods in relation to which such loss arises; The Photographer shall have no liability to re-shoot or otherwise provide any further Services and/or Goods.
e. Nothing in these terms shall exclude, limit or be deemed to exclude or limit The Photographer’s liability for death or personal injury caused by their negligence or the negligence of those for whom The Photographer is responsible.
f. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in the case of death or personal injury caused by The Photographer’s negligence, or the negligence of those for whom The Photographer is responsible, The Photographer will not be liable to the The Client by reason of any representation, implied warranty, condition or other term, any duty or common law under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by The Photographer’s negligence or otherwise) which arises out of, or in connection with the Goods or Services.
HEALTH AND SAFETY: The Photographer retains the right to cancel the session and retain the Booking Fee if the Client presents at the shoot with any health conditions that may potentially cause harm to the Client. This may include, but is not limited to, influenza, viral infections, open wounds, new tattoos and recent surgical procedures that have not yet healed.
COMPLAINTS: Please address any complaints to The Photographer either by email or letter. Should you wish to involve a 3rd party to arbitrate in any form, please advise with an agreement to assigned parties to be made in writing between all parties. In any instance The Photographer reserves the right to advise their insurer’s legal department of any formal complaint made against The Photographer, of which should the complaint outcome to be found in favour of The Photographer, any fees, expenses or recordable losses resulting from the complaint, (such as insurance excess payments), will be considered as liable to be paid by The Client and reimbursed by The Client to The Photographer in full within 14 days of the finding. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £1,500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
INDEMNIFICATION: The Photographer shall only be responsible for obtaining clearances in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before The Photoshoot. In all other cases, The Client shall be responsible for obtaining such clearances and will indemnify The Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
GOVERNING LAW: Any contract made between Tigz Rice Limited and The Client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
CONSTRUCTION: The terms and provisions of this contract are in addition to all The Photographer’s rights of general law, none of which shall be limited, in any way whatsoever. Failure, on The Photographer’s part, to exercise, or any delay in exercising, any of The Photographer’s rights shall not be deemed to be a variation of this or any subsequent contract, nor shall they adversely affects those rights in any way whatsoever. If any provision of their agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of their agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties thereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.
MISCELLANY: This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
This Contract incorporates the entire understanding of the parties. Any modifications to this contract must be in writing and signed by both parties.
BOUDOIR MAKEOVER TERMS AND CONDITIONS OF PURCHASE
This Contract is between the Client (You) and the Photographer, Tigz Rice.
AGE OF CONSENT: The Client confirms that the Client is aged 18 years or older and is eligible for boudoir photography services.
FREE WILL: The Client agrees that they are signing this agreement freely and voluntarily without duress or coercion and has been fully informed of the consequences of their signature hereto
SERVICES: All Services to be provided under this Contract are listed in the individual product description at time of purchase.
PAYMENT: The Client shall make a non-refundable payment of the full session amount as listed in the individual product description to the Photographer, which shall be considered a Booking Fee. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. No appointment is confirmed until this payment has been received.
Payment for any additional products – including re-touched Images or printed products – shall be submitted to The Photographer at the time of placing an order. No products shall be delivered until the entire amount is paid in full. Due to the custom nature of photography, all sales are final.
Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract. A late payment fee of £40 compensation plus statutory interest (at the prevailing rate) shall be applied to the late payment amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
TRAVEL AND OVERAGE FEES: The Client agrees to cover their own travel and accommodation fees.
CANCELLATION: If for any reason the Client decides to cancel the booking or fails to show up on the agreed-upon date and time, the Client agrees that the Session Fee shall be forfeited. If the Shoot Date needs to be re-scheduled for any reason, these Cancellation conditions will apply.
If The Photographer has to cancel this contract for reasons beyond their control, (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. Services or products already supplied will, however, be considered when calculating the refund.
LATE ARRIVAL: The client is encouraged to arrive 15 minutes prior to their allocated time. Should the client arrive late, then this time will be lost and we will be unable to extend the session to make up for it due to the nature of having other bookings before/after.
PHOTOGRAPHIC MATERIALS: All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed-upon amount is paid in full per the payment schedule outlined in this Contract.
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 14 days of the photographic event. The online proofing gallery shall remain open for 14 days from delivery. If the Client requests to extend the online proofing gallery to a period of six months from the Shoot Date, or reopen the proof gallery at any point during this six-month period, a £100 admin fee shall apply.
COMPLETION SCHEDULE: Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Retouched Digital Images shall take up to 12 weeks from time of order to be processed and delivered to the Client. Add-on purchases – including, but not limited to, extra images – shall be processed and delivered to the Client within 12 weeks of receiving payment.
CREATIVE LICENSE: The Photographer shall be granted creative and artistic licence in relation to the photographs and judgement on photographic style. The Photographer will make every effort to accommodate Client requests, although cannot guarantee that any specific photo will be taken. The Photographer has the right to refuse to produce any image that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction.
STYLISTS CREATIVE LICENCE: The Stylist will discuss with the client about their wishes for how the hair and makeup should be styled. Every effort will be given to create the desired style but the Client accepts that due to the nature of everyone’s hair being different, styles will differ to that of reference images.
ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional retouching may be requested by the Client and will be charged according to the Photographer’s current rates.
COPYRIGHT AND REPRODUCTIONS: The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does provide the Client permission to resize photographs for Internet-based usage.
CLIENT USAGE: The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorisation to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
SOCIAL MEDIA: The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the Photographer in the caption of all photographs uploaded to social media websites and profiles.
PRIVACY: Due to the personal nature of boudoir photography, the Photographer will not sell, license, or otherwise distribute your images or personal information to any third party without your express permission.
PHOTOGRAPHER’S STANDARD PRICE LIST: The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
LIMIT OF FILE STORAGE: The Photographer may destroy, delete, or otherwise erase all image files 6 months after the photographic event. After you have received your images, it is your responsibility to make sure they are stored safely. Once you have received your digital images please check that you can view all of the images provided. If The Client encounters problems reading the media, The Client must notify The Photographer within 14 days. After this period, if the Client requires the images to be re-sent, this service will be priced according to The Photographer’s current price list.
WARDROBE AND STYLING: The Client is responsible for choices in wardrobe, including direction of hair and makeup during the Session. No re-shoots are available due to the Client disliking the wardrobe or styling in photos.
SELF TAN: Due to the staining nature of this product, the use of self-tan is strictly prohibited on all shoots.
DAMAGE/BREAKAGE: The Client agrees to cover any costs or fees relating to damage/breakage caused as a result of their own actions – including accidental damage – to the location or to photographic equipment. This clause shall cover any other persons present at the Shoot at the request of the Client.
USE OF INDEPENDENT CONTRACTOR: In the event the Photographer furnishes a hair and/or makeup artist, the Photographer is not liable for any application or services by this Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
USE OF ALCOHOL: The Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. If alcohol is consumed during the course of the session the Photographer may cease work and retain all fees.
INAPPROPRIATE AND/OR ILLEGAL BEHAVIOUR: The Client understands that the Photographer operates a zero tolerance policy towards inappropriate or illegal behaviour, including – but not limited to – verbal abuse, physical abuse and sexual harassment. Should the Client behave inappropriately during the course of the session, the Photographer may cease work and retain all fees.
FORCE MAJEURE: Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such Party’s control, including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failure, governmental action, or communication disruption. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after or during the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable.
LIMITATION OF LIABILITY:
a. The Photographer(s) will use all reasonable skill and care in supplying the Goods and Services.
b. In respect of Goods and Services provided to The Client electronically, The Photographer shall have no liability arising out of:
i. The colour accuracy of electronic digital data images downloaded or reproduced from digital files; The Client shall be responsible for checking and approving of the quality of all digital data images/ photographs provided by The Photographer prior to printing.
ii. Corruption, distortion, partial or total loss of electronic digital data images from digital files provided by The Photographer; The Client recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed.
iii. Degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files.
iv. Electronic computer viruses introduced to The Client’s hardware, software or other user interfaces by digital files provided by The Photographer. The Client shall be responsible for ensuring that no electronic computer virus is transmitted to any computer, hardware, software, website, network or other user interface and The Photographer shall have no liability whatsoever.
c. Subject to (e) below, The Photographer will not be liable for any consequential, indirect or economic loss (including, without limitation, loss of profits, opportunity or bargain), whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty.
d. Subject to (e) below, the liability of The Photographer for any direct loss, whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty shall be limited to The Photographer’s fee for the Services and/or Goods in relation to which such loss arises; The Photographer shall have no liability to re-shoot or otherwise provide any further Services and/or Goods.
e. Nothing in these terms shall exclude, limit or be deemed to exclude or limit The Photographer’s liability for death or personal injury caused by their willful misconduct or gross negligence, or the willful misconduct or gross negligence of those for whom The Photographer is responsible.
f. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in the case of death or personal injury caused by The Photographer’s negligence, or the negligence of those for whom The Photographer is responsible, The Photographer will not be liable to the The Client by reason of any representation, implied warranty, condition or other term, any duty or common law under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by The Photographer’s negligence or otherwise) which arises out of, or in connection with the Goods or Services.
COVID-19: The Client understands and acknowledges the contagious nature of the Coronavirus/COVID-19 and that the WHO and many other public health authorities still recommend practicing social distancing. The Client acknowledges that The Photographer has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. The Client further acknowledges that The Photographer can not guarantee that The Client will not become infected with the Coronavirus/Covid-19. The Client understands that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of The Photographer and others, including, but not limited to, staff, and other clients and their families. The Client voluntarily seeks services provided by The Photographer and acknowledges that The Client is increasing their risk to exposure to the Coronavirus/COVID-19 as a result of participating in this Session and/or travel to and from such activities. The Client acknowledges that they must comply with all set procedures to reduce the spread while attending the Session. The Client agrees to sign a COVID-19 Waiver.
HEALTH AND SAFETY: The Photographer retains the right to cancel the session and retain the Booking Fee if the Client presents at the shoot with any health conditions that may potentially cause harm to either the Photographer or the Client. This may include, but is not limited to, influenza, viral infections, infectious diseases, open wounds, new tattoos and recent surgical procedures that have not yet healed.
COMPLAINTS: Please address any complaints to The Photographer either by email or letter. Should you wish to involve a 3rd party to arbitrate in any form, please advise with an agreement to assigned parties to be made in writing between all parties. In any instance The Photographer reserves the right to advise their insurer’s legal department of any formal complaint made against The Photographer, of which should the complaint outcome to be found in favour of The Photographer, any fees, expenses or recordable losses resulting from the complaint, (such as insurance excess payments), will be considered as liable to be paid by The Client and reimbursed by The Client to The Photographer in full within 14 days of the finding. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £1,500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
INDEMNIFICATION: The Photographer shall only be responsible for obtaining clearances in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before The Photoshoot. In all other cases, The Client shall be responsible for obtaining such clearances and will indemnify The Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
GOVERNING LAW: Any contract made between Tigz Rice Limited and The Client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
CONSTRUCTION: The terms and provisions of this contract are in addition to all The Photographer’s rights of general law, none of which shall be limited, in any way whatsoever. Failure, on The Photographer’s part, to exercise, or any delay in exercising, any of The Photographer’s rights shall not be deemed to be a variation of this or any subsequent contract, nor shall they adversely affects those rights in any way whatsoever. If any provision of their agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of their agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties thereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.
MISCELLANY: This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
This Contract incorporates the entire understanding of the parties. Any modifications to this contract must be in writing and signed by both parties.
SHOOT DAY / MASTERCLASS TERMS AND CONDITIONS OF PURCHASE
This Contract is between “the Client”, whose name and address is listed above, and “the Photographer”, Tigz Rice.
AGE OF CONSENT: The Client confirms that the Client is aged 18 years or older.
FREE WILL: The Client agrees that they are signing this agreement freely and voluntarily without duress or coercion and has been fully informed of the consequences of their signature hereto.
SERVICES: The services to be provided under this Contract are as follows:
i) A photography workshop, length as listed on the original sales page.
PAYMENT:
The Client shall make a non-refundable payment of the full session amount as listed in the individual product description to the Photographer, which shall be considered a Booking Fee. Upon payment, the Organiser will reserve the time and date agreed upon by both parties. The Client agrees that this payment is earned by the Organiser when paid, and is remitted in consideration of the experience, reputation, skill of the Organiser, and in consideration of the inability of the Organiser to schedule other clients during this time. No appointment is confirmed until this payment has been received.
Any payment plan agreements agreed to by the Organiser and the Client shall be included as an addendum to this Contract.
PAYMENT DEFAULTS AND OTHER CHARGES: Overdue payments will incur statutory interest charged at 8% plus the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
In addition The Client must pay The Organiser’s current default charges as follows: £25 for each unpaid, rejected or cancelled standing order or direct debit, and £25 for each reminder letter, email, notice or call The Organiser makes. These charges may vary in the future.
The Client also indemnifies The Organiser for reasonable costs that they incur to third parties for enforcement of The Organiser’s rights under this Agreement, including, without limitation, legal costs and expenses.
TRAVEL AND OVERAGE FEES: The Client is responsible for their own travel and accommodation.
CANCELLATION: If the Client decides to cancel the Booking for any reason, the Client agrees that the Booking Fee shall be forfeited.
If the Client asks to re-schedule the Booking for any reason, these Cancellation conditions will apply.
If The Organiser has to cancel the Event for reasons beyond their control, (death, injury, sickness, etc.), their liability shall be limited to a refund. Services or products already supplied will be considered when calculating the refund.
LATE ARRIVALS AND NO-SHOWS: Any Client that is late arriving to the Event will have the amount of time late deducted from the time allotted for the Event. Clients shall not be compensated for the time deducted from the Event due to late arrival of the Client.
If the Client does not show up for the Event, this will be considered a Cancellation and the above Cancellation terms will apply.
SPECIFIC COVID-19 RESCHEDULING CLAUSE: If the Client is currently testing positive for Covid-19 at the time of the Event, the Client must inform The Organiser in writing as soon as possible. The Organiser will allow for one re-schedule within 90 days of the original Shoot Date. This may be extended based on the individual client’s situation, but only at the Organiser’s discretion.
In these circumstances, all Payment Schedules and/or Payment Plans will remain as per this Contract and and all payment deadlines will continue to be paid in line with the original Shoot Date. Cancellation terms and fees still apply. No refunds will be offered in the case of partially claimed or unclaimed sessions.
CAMERAS AND EQUIPMENT: The Client is responsible for bringing their own camera equipment to the Event. The Client must ensure that their equipment is in working order and safe for use. All valuables brought to the Event are the sole responsibility of the Client.
CREATIVE LICEcSE: The Client shall be permitted creative and artistic licence in relation to the photographs take during the Event. The Organiser will make reasonable effort to accommodate Client requests, although cannot guarantee that any specific photo will be taken. The Organiser has the right to refuse the capture of any image that could violate libel or copyright laws, upskirting laws, or in the course of its production could cause or contribute to defamation, emotional distress, bodily injury, death, equipment damage or property damage or destruction.
COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS (IP RIGHTS) AND IMAGE USE: The Client shall retain copyright ownership of all photographs taken by The Client during the Event, including but not limited to all images in their original and processed formats.
As producer and curator of the Event, The Organiser reserves all other Intellectual Property Rights, including Staging of the Event.
The Organiser grants The Client a Non-transferable, Non-Commercial Licence to share photographs taken by The Client during the Event via their personal portfolio, blog and social media channels, PROVIDED THAT the owner of the IP Rights is properly credited – and tagged where possible on social media – when used in any context, along with production credits for the Location, Model, Stylists and Designers if so requested. These production details will be provided by the Organiser on the day of the Event.
The Client will not promote, sell or profit commercially from any content created during this Event, without written agreement of the owner of the IP Rights (The Organiser). Such approval may be subject to a Commercial Licencing fee.
The Client will not publish or sell any images for publication or press, including self-publication of books, without written agreement of the owner of the IP Rights (The Organiser). Such approval may be subject to a Commercial Licencing fee.
BEHIND THE SCENES CONTENT: The Client acknowledges that behind the scenes footage may be taken at the Event. By participating in the Event, you agree to be filmed. The Client hereby grants the Organiser, and any licensees or assignees, the absolute right to use the photograph(s), Video(s) and any other reproductions or adaptions, for anything they may need them for including, but not limited to, websites, social media, press, promotion and books without the Client’s express consent or knowledge. The Client understands that they will not receive any payment for appearing in Behind The Scenes content.
GDPR: Where personal data has been exchanged for crediting the production team in photographs, the Client agrees to use it only for the purposes of crediting and in accordance with their obligations under GDPR and data protection legislation.
PHOTOGRAPHER’S STANDARD PRICE LIST: : The charges in this Contract are based on the Organiser’s Standard Price List, which is available from the Organiser on request. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
DAMAGE/BREAKAGE:: The Client agrees to cover any costs or fees relating to damage/breakage caused as a result of their own actions – including accidental damage – to the location, costumes, photographic equipment or other attendees. This clause shall cover any other persons present at the Event at the request of the Client.
USE OF ALCOHOL: The Client understands that consumption of alcohol prior to and/or during the Event is not permitted. If alcohol is consumed during the course of the Event the Client may be asked to leave. In such an event, the Organiser will retain all fees.
INAPPROPRIATE AND/OR ILLEGAL BEHAVIOUR: The Client understands that the Organiser operates a zero tolerance policy towards inappropriate or illegal behaviour, including – but not limited to – verbal abuse, physical abuse and sexual harassment. Should the Client behave inappropriately during the course of the session, the Organiser may cease work and retain all fees.
FORCE MAJEURE: Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such Party’s control, including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, work stoppage, power or other mechanical failure, governmental action, or communication disruption. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after or during the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement, as applicable, as soon as reasonably practicable.
LIMITATION OF LIABILITY:
a. The Organiser will use all reasonable skill and care in supplying these Services.
b. In respect of Goods and Services provided to The Client electronically, The Organiser shall have no liability arising out of:
i. Electronic computer viruses introduced to The Client’s hardware, software or other user interfaces by digital files provided by The Photographer. The Client shall be responsible for ensuring that no electronic computer virus is transmitted to any computer, hardware, software, website, network or other user interface and The Organiser shall have no liability whatsoever.
c. Subject to (e) below, The Organiser will not be liable for any consequential, indirect or economic loss (including, without limitation, loss of profits, opportunity or bargain), whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty.
d. Subject to (e) below, the liability of The Organiser for any direct loss, whether arising from breach of the Contract, any tortuous act or omission (including, without limitation, negligence) or breach of any statutory duty shall be limited to The Organiser’s fee for the Services and/or Goods in relation to which such loss arises; The Organiser shall have no liability to provide any further Services and/or Goods.
e. Nothing in these terms shall exclude, limit or be deemed to exclude or limit The Organiser’s liability for death or personal injury caused by their wilful misconduct or gross negligence, or the wilful misconduct or gross negligence of those for whom The Organiser is responsible.
f. All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Except in the case of death or personal injury caused by The Organiser’s negligence, or the negligence of those for whom The Organiser is responsible, The Organiser will not be liable to the The Client by reason of any representation, implied warranty, condition or other term, any duty or common law under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (whether caused by The Organiser’s negligence or otherwise) which arises out of, or in connection with the Goods or Services.
Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
HEALTH AND SAFETY: The Organiser retains the right to cancel the session and retain the Booking Fee if the Client presents at the Event with any health conditions that may potentially cause harm to either the Organiser, the Client or others in attendance of the Event. This may include, but is not limited to, influenza, viral infections, infectious diseases, open wounds and recent surgical procedures that have not yet healed.
COVID-19 HEALTH AND SAFETY: The Client understands and acknowledges the contagious nature of the Coronavirus/COVID-19 and that the WHO and many other public health authorities still recommend practicing social distancing. The Client acknowledges that The Organiser can not guarantee that The Client will not become infected with the Coronavirus/Covid-19. The Client understands that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of The Organiser and others, including, but not limited to, staff, and other clients and their families. The Client voluntarily seeks services provided by The Organiser and acknowledges that The Client is increasing their risk to exposure to the Coronavirus/COVID-19 as a result of participating in this Event and/or travel to and from such activities. The Client acknowledges that they must comply with all set procedures to reduce the spread while attending the Session.
COMPLAINTS: Please address any complaints to The Organiser either by email or letter. In the event of a dispute, both Parties agree to work towards a resolution through good faith negotiation. Should the Client wish to involve a 3rd party to arbitrate in any form, the Client shall advise the Organiser in writing between all parties. In any instance The Organiser reserves the right to advise their insurer’s legal department of any formal complaint made against The Organiser, of which should the complaint outcome to be found in favour of The Organiser, any fees, expenses or recordable losses resulting from the complaint, (such as insurance excess payments), will be considered as liable to be paid by The Client and reimbursed by The Client to The Organiser in full within 14 days of the finding. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than £1,500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
INDEMNIFICATION: The Organiser shall only be responsible for obtaining clearances in respect of third party copyright works, trademarks, designs or other intellectual property if this has been expressly agreed in writing before The Event. In all other cases, The Client shall be responsible for obtaining such clearances and will indemnify The Organiser against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
GOVERNING LAW: Any contract made between Tigz Rice Limited and The Client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
CONSTRUCTION: The terms and provisions of this contract are in addition to all The Organiser’s rights of general law, none of which shall be limited, in any way whatsoever. Failure, on The Organiser’s part, to exercise, or any delay in exercising, any of The Organiser’s rights shall not be deemed to be a variation of this or any subsequent contract, nor shall they adversely affects those rights in any way whatsoever. If any provision of their agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provisions shall not affect the other provisions of their agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties thereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.
MISCELLANY: This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
This Contract incorporates the entire understanding of the parties. Any modifications to this contract must be in writing and signed by both parties.
Updated: November 2023