Sharan Rai Photography, a trading name of Five River Films Ltd
Terms and Conditions
Thank you for your interest in Sharan Rai Photography, a trading name of ‘Five River Films Ltd’ (“us/ we/ our”). Please read these Terms and Conditions carefully. The following is a legal agreement between you (“user”) and Sharan Rai Photography , which governs your use of Products (defined below) obtained by purchase with us directly or through this website at sharanrai.com, or any related domains or subdomains (the “Site”). We will be happy to answer any questions or concerns you may have in relation to these T&Cs at any time.
1. Definitions Photo – Any photograph, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction taken by Sharan (Rai) Dhaliwal and/or Sandeep Dhaliwal (or other such photographer who we shall choose in consultation with you)
Photo Services – The event or series of events during which we shall provide photographic services to you i.e. for a portrait, this shall be the day of taking the portrait(s)
Reproduction – Any form of publication or copying of the whole or part of any Photo whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage, or for any use as artist’s reference or illustration, or in a layout or presentation.
Session Fee – A non-refundable fee taken for our Photo Services in relation to portrait or events photography.
2. Ownership and Copyright
The copyright and all other rights in the Photos shall be retained by Sandeep & Sharan (Rai) Dhaliwal of Sharan Rai Photography, a trading name of Five River Films Ltd (the “Photographer”). The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Any unauthorised reproduction of any Photos will constitute a breach of copyright.
3. Pricing The prices on the website may be out of date. We reserve the right to adjust prices at any time without prior notice. All prices are in sterling (£). The correct price for the Photo Services shall be stated before confirming your Session.
Booking Fee and Balance
4.1. Portrait(s) and Event(s) – A Session Fee will be taken to confirm the booking of the Photo Services for Portraits or Events. The booking will not be considered final until the session fee or deposit has been received. This Session fee is non-refundable but dates can be changed by either party if required in accordance with Clause 6 below. Any balance due on products ordered will be payable at the Order stage before delivery of the final products.
For Corporate Photography, full payment of the agreed amount shall be payable to us ahead of the Session date(s) in order to confirm the booking. Any additional fees arising shall be due within 15 days after the Session date(s).
4.2. Any time in addition to that initially agreed shall be chargeable at our usual rates.
Payment can be made by the following methods: Cash Credit Card/ Online Bank Payment
6. Change of Date If you need to change the date of the Photo Services, then any new date will be subject to the Photographer’s availability and agreement. We shall use reasonable endeavours to arrange an alternative date for the Photo Services. If we can agree a revised date, this will constitute a new agreement on these same Terms and Conditions. In the event that we cannot agree another date with you, then the session fee will be refunded provided we have at least 7 days’ notice. From time to time, the Photographer may take the decision to postpone the date of the Photo Services due to factors outside our control e.g. undesirable weather conditions. The Photographer will not be liable to cover any costs incurred as a result of this.
7. Our Obligations
We will use reasonable endeavours to supply the Photo Services as agreed in a professional manner (time not being of the essence in respect of any of our obligations).
8. Your Obligations
You agree to co-operate with us in all matters relating to the Photo Services and to supply us with all information reasonably requested by us in order for us to carry out the Photo Services. Whilst every endeavour will be made by us to ensure the health and safety of all clients and any minors or children during the Photoshoot session, the ultimate responsibility for personal safety and the safety of minors and children will be borne by the client.
9. Force Majeure
9.1 We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by:
9.1.1 individuals scheduled to be photographed not being on time and/or locations selected by yourselves enforcing photography restrictions;
9.1.2 any inhibiting background, location, or additional arrangements with other photographers; and/or
9.1.3 any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility services or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.
9.2 In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to mutually agree with you a replacement photographer to carry out the Photo Services. If we cannot agree a replacement, then we shall refund to you any fee paid in relation to eh interrupted Photo Services in full (subject to our limitation of liability in Clause 10).
10.1 Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
10.2 The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
10.3 Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
11. Advertising and Promotion
We reserve the right to use all images for advertising purposes (including website based advertising, leaflets, brochures, postcards, galleries and competitions). By signing the below, you grant us permission to use the images for this purpose and waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future and waive any right to royalties or other compensation arising from or related to the use of the photograph. Where participants being photographed are under 18 years of age, we will accept the permission of their parent or legal guardian on their behalf. Should you not want to give permission to share the images in this way, please express this in writing to Sharan Rai Photography before the date of the photoshoot session. Where the images are uploaded to social media or anywhere online by the client, the client must ensure that the logo remains intact and that the Photographer is properly credited.
12. Prints and Products
The size and any particular requests in relation to printed products must be stated at the time of ordering. All orders must be paid in full either by cash, credit card on online banking payment before they are ordered for and dispatched to you. All orders are final and non-refundable. 13. General These Terms and Conditions and the Booking Form constitute the whole Agreement between the parties and supersede all previous agreements between the parties relating to its subject matter. No variation or agreed termination of this Agreement or of any document referred to in it shall be effective unless it is in writing. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. A person who is not a party to this Agreement shall not have any rights under or in connection with it. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales. Sharan Rai Photography reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Sharan Rai Photography’s Products, Materials and services.
If you have any questions relating to these Terms & Conditions, please contact us at [email protected]