Last Updated: April 22, 2024
Please read these Terms and Conditions ("Terms") carefully before using the website calmharborbay.com (the "Site") or engaging the services of Calm Harborbay ("we," "our," or "us"). These Terms constitute a legally binding agreement between you and Calm Harborbay regarding your use of the Site and our photography services.
By accessing or using the Site, booking our services, or engaging us for photography services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or our services.
We reserve the right to modify these Terms at any time. All changes are effective immediately when posted on the Site. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
The Site is available only to individuals who are at least 16 years old. By accessing or using the Site, you represent and warrant that you are at least 16 years old.
You agree not to use the Site:
To secure a photography session, a non-refundable deposit is required at the time of booking. The amount of the deposit varies depending on the type of service and will be specified in your contract. The remaining balance is due according to the payment schedule outlined in your contract.
If you need to reschedule a photography session, please contact us as soon as possible. Rescheduling may be accommodated subject to our availability and may incur additional fees as specified in your contract.
If you need to cancel a photography session, please refer to our Refund Policy for details on applicable fees and refunds.
You agree to cooperate and follow the photographer's guidance during the session. We reserve the right to terminate a session if a client is late, uncooperative, or exhibits inappropriate behavior. In such cases, the client will not be entitled to a refund.
The delivery timeline for your images will be specified in your contract. Typical delivery times are:
We make every effort to deliver images within these timeframes, but delivery times may vary during peak seasons.
Calm Harborbay retains the copyright to all images created by us. When you purchase our services, you are purchasing the right to use the images as specified in your contract, not the copyright to the images themselves.
Upon full payment, clients are granted a personal, non-exclusive license to use, reproduce, and display the images for personal, non-commercial purposes. Commercial use requires separate written permission and may incur additional licensing fees.
By engaging our services, you grant Calm Harborbay the right to use the images in our portfolio, website, social media, contests, exhibitions, and for other promotional purposes. If you wish to restrict this usage, please discuss this with us before your session and ensure it is included in your contract.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, images, logos, button icons, and the design, selection, and arrangement thereof) are owned by Calm Harborbay, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Site may contain message boards, chat rooms, personal profiles, forums, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Content") on or through the Site.
By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.
You represent and warrant that:
All prices are stated in British Pounds (GBP). Payment can be made via the methods specified on our Site or in your contract. By providing your payment information, you represent and warrant that you have the legal right to use any payment method used in connection with any transaction.
Late payments may incur additional fees or interest as permitted by law. In the event of non-payment, we reserve the right to withhold delivery of images and pursue legal action to recover the amounts due.
In no event will Calm Harborbay, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
In the event of equipment failure, photographer illness, or other circumstances beyond our control, our liability is limited to a refund of payments made or rescheduling of the photography service at our discretion.
You agree to defend, indemnify, and hold harmless Calm Harborbay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
No waiver by Calm Harborbay of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Calm Harborbay to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, our Privacy Policy, and any contract for photography services constitute the sole and entire agreement between you and Calm Harborbay regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
If you have any questions about these Terms, please contact us at:
Calm Harborbay
393 Jake Cove
South Charlotteberg
L25 2NW
Phone: +444837549265
Email: [email protected]
Last Updated: April 22, 2024