Terms & Conditions

1. Introduction

Welcome to Estuary Bend. These Terms and Conditions govern your use of our website located at estuarybend.sbs (the "Website") and the photography services we provide (the "Services"). By accessing our Website or engaging our Services, you agree to be bound by these Terms and Conditions.

Please read these Terms and Conditions carefully before using our Website or Services. If you do not agree to these Terms and Conditions, please do not use our Website or Services.

2. Definitions

In these Terms and Conditions:

• "We", "Us", "Our", and "Company" refer to Estuary Bend, a company registered in the United Kingdom (Company Registration Number: 08580724).
• "You", "Your", and "Client" refer to the user of our Website or the person or entity engaging our Services.
• "Website" refers to estuarybend.sbs.
• "Services" refers to the photography services provided by Estuary Bend.
• "Content" refers to all materials on our Website, including text, images, photographs, videos, audio, graphics, logos, and button icons.

3. Website Use

3.1 License to Use Website

We grant you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with these Terms and Conditions.

3.2 Prohibited Uses

You agree not to use our Website:

• In any way that violates any applicable national or international law or regulation.
• To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

3.3 Intellectual Property

The Website and its entire Content, features, and functionality are owned by Estuary Bend and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

4. Photography Services

4.1 Booking and Deposits

A booking is confirmed once we receive a signed contract and a non-refundable deposit of 30% of the total fee. The deposit secures your date and is non-refundable in case of cancellation by the client.

4.2 Payment Terms

The remaining balance is due two weeks before the scheduled session or event. For commercial projects, payment terms may vary and will be outlined in your contract.

Payments can be made via bank transfer, credit card, or other methods specified in your contract. All prices are in GBP (£) unless otherwise stated.

4.3 Cancellation and Rescheduling

If you need to cancel or reschedule a session:

• Cancellations made 30 days or more before the scheduled date: The deposit is non-refundable, but no further charges will apply.
• Cancellations made 14-29 days before the scheduled date: 50% of the total fee is due.
• Cancellations made less than 14 days before the scheduled date: The full fee is due.

Rescheduling requests are subject to our availability. A rescheduling fee may apply.

4.4 Delivery of Photographs

Delivery timelines for final photographs are as follows:

• Portrait sessions: 2-3 weeks
• Weddings and larger events: 4-6 weeks
• Commercial projects: As specified in your contract

Images will be delivered via an online gallery unless otherwise specified. The online gallery will remain active for 3 months from the date of delivery.

4.5 Copyright and Usage Rights

Estuary Bend retains copyright to all images created. Depending on your package, you will be granted specific usage rights as outlined in your contract.

For personal clients, this typically includes permission to print, share, and use the images for personal purposes. Commercial usage rights vary based on the project and are explicitly defined in your contract.

Images may not be altered, edited, or cropped without our written permission.

4.6 Model Release

Unless specified otherwise in writing, you grant us permission to use images from your session for our portfolio, social media, website, and marketing materials. If you wish to restrict this usage, please discuss this with us before your session.

5. Limitation of Liability

In no event shall Estuary Bend, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Website or Services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website; and
• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability for all claims related to the Services shall not exceed the total amount paid by you to us for the Services in question.

While we take all reasonable precautions to safeguard equipment and backup images, we cannot guarantee against technical failures, acts of God, or other events beyond our control that may result in the loss or damage of photographs. In such cases, our liability is limited to a refund of payments made.

6. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control. Such causes include, but are not limited to: natural disasters, adverse weather conditions, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, pandemic, epidemic, acts of terrorism, acts of war, governmental action, or any other event beyond our control.

In the event of a force majeure, we will contact you as soon as possible to notify you and discuss alternative arrangements, which may include rescheduling the session or providing a refund.

7. Indemnification

You agree to defend, indemnify, and hold harmless Estuary Bend, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website or Services.

8. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

9. Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website and Services after any changes to these Terms and Conditions constitutes your acceptance of such changes.

It is your responsibility to review these Terms and Conditions periodically.

10. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

11. Entire Agreement

These Terms and Conditions, together with any signed contract for Services, constitute the entire agreement between you and Estuary Bend regarding the use of our Website and Services.

12. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

• Estuary Bend
• 1 Hunter Extension, South Duncan, SG5 3JJ, UK
• Email: [email protected]
• Phone: +44 409 177 0343