Our Terms & Conditions

Introduction

These terms & Agreements constitutes the entire agreement between the parties relating to its subject matter & supersedes all previous communications, representations & other arrangements, whether oral or written.

The Client acknowledges that no reliance is placed on any representation made by the Supplier but not embodied in this Agreement.

Definitions & Interpretation

Agreement & Acceptance

By using the Website, you (the Client) agree to these Terms & Conditions. If you do not agree, please refrain from using the Website. Lucky Stars reserves the right to change these Terms at any time & such changes will be effective immediately.

Clients are encouraged to review these Terms periodically.

Client Portal & Order Process

Lucky Stars Photography provides a secure Client Portal for viewing & ordering photos. Photos cannot be downloaded from the website preview gallery.

The following status conditions will be displayed in the Client Portal:

Confidentiality

Neither party will disclose any confidential information to any third party, except to employees or sub-contractors on a need-to-know basis.

This confidentiality obligation will survive the termination of the Agreement.

Staff

The Supplier warrants that the representative assigned to the Project will possess the necessary skills & expertise.

The Supplier is entitled to subcontract any part of its obligations but remains fully responsible for completing the Service..

Venue & Events

Clients with mobility constraints should notify the Supplier during booking to ensure accommodation at the event venue.

The Supplier will have the exclusive right to provide photography services at events, unless otherwise agreed in advance.

Warranty & Liability

• The Supplier will exercise reasonable care & skill in providing the Service.
• Any faults or unsatisfactory work must be reported within 10 working days. The Supplier will rectify any issues at its own cost, provided the fault is determined to be its responsibility
• The Supplier’s liability for negligence or breach of contract is limited to the total service fees paid by the Client.

Intellectual Property

• The Supplier retains the copyright & proprietary rights to all materials created during the Service, including photographs.
• The Client is granted an exclusive license to use & reproduce purchased images for personal purposes only.
• Any commercial use or reproduction of images for profit is prohibited without prior written consent from the Supplier.
• The Client is responsible for obtaining all required licenses, permits & approvals.

Fees & Payment

• Fees are due immediately unless otherwise specified.
• Payments must be made in full before any orders are fulfilled.
• If the Client fails to make payment by the due date, the Supplier reserves the right to charge interest on overdue amounts at a rate of 5% per annum above the Bank of England base rate.
• Any collection costs incurred by the Supplier due to late payment will be charged to the Client.

Delivery & Delays

• The Supplier will deliver the completed service in a timely manner.
• Delivery dates are estimates & may be extended due to causes beyond the Supplier’s control.

Termination & Notices

Either party may terminate this Agreement by providing written notice. Notices can be sent via email, text, or other agreed-upon means.

In the event of termination, all payments due under the Agreement will be payable immediately.

Force Majeure

The Supplier will not be liable for any failure or delay in performing its obligations due to circumstances beyond its control (e.g., natural disasters, third-party issues).

The Supplier will notify the Client as soon as possible & take reasonable steps to overcome the issue.

Waiver & Severability

No delay in enforcing any rights will constitute a waiver of those rights.

If any provision of the Agreement is deemed unenforceable, the remainder of the Agreement will continue in full force.

Disputes & Governing Law

The parties agree to attempt resolution through good-faith negotiations. If a dispute cannot be resolved amicably, the parties agree to submit to mediation under the CEDR rules.

If mediation fails, any unresolved dispute will be governed by the laws of England & Wales & subject to the exclusive jurisdiction of English courts.

Merchandise Disclaimer

By leaving merchandise with Lucky Stars Photography, the Client agrees to the following:

1. Assumption of Risk: Lucky Stars Photography will take reasonable precautions to protect your merchandise during the photography process. However, the partnership cannot be held responsible for any loss, damage, theft, or deterioration of the items while in our possession.
2. No Liability for Loss or Damage: Lucky Stars Photography is not liable for any accidental damage, unforeseen events, or circumstances beyond our control that may affect your merchandise.
3. Insurance Responsibility: It is the sole responsibility of the client to insure their merchandise if desired. Lucky Stars Photography does not provide insurance coverage for items left in our care.
4. Client Acknowledgment: By leaving merchandise with Lucky Stars Photography, you confirm your understanding of these terms & waive any claims against Lucky Stars Photography for losses or damages related to the merchandise.
5. Photography Rights: By leaving merchandise with Lucky Stars Photography, the client grants the partnership the right to photograph the items for the agreed-upon photography services.
6. Usage of Photographs: Lucky Stars Photography may use the photographs of the merchandise for promotional purposes, including but not limited to advertising, marketing & social media. The client waives any rights to compensation for the use of these photographs.
7. Confidentiality: Lucky Stars Photography will treat all merchandise left with us as confidential & will not share any information about the items without the client's permission.
8. Storage of Merchandise: Lucky Stars Photography will store the merchandise in a safe location during the photography process. However, the client acknowledges that the items will be stored at their own risk.
9. Return of Merchandise: The client is responsible for collecting the merchandise from Lucky Stars Photography after the photography services are completed.

Your Privacy Matters

At Lucky Stars Photography, we are committed to protecting your privacy. This section outlines how we collect, use & safeguard your personal data in accordance with applicable data protection laws.

Data Collection & Usage

Information we collect:

• Child's photographs taken during scheduled photo sessions
• Parent/guardian contact details (name, email address)
• School/nursery name & class groups

How We Use Your Data

• To securely deliver & share photographs
• To contact parents/guardians regarding orders or proofs
• To comply with legal & school safeguarding requirements

Your Rights

You have the right to request access, correction or deletion of personal data. We comply fully with GDPR & aim to respond to all requests within 30 days.

Photo Access & Storage

All photos are stored securely using encrypted systems & are only accessible via a unique code sent to parents or guardians.

Changes to these Terms & Conditions

Lucky Stars Photography reserves the right to amend these Terms & Conditions at any time. Any changes will be effective immediately.

Contact Us

If you have any questions about these terms & conditions, please contact us at the following email addresses:

1. sue@luckystarsphotography.co.uk
2. laura@luckystarsphotography.co.uk

Or, use our contact us page to send us a message directly.

We aim to respond to all inquiries within 2 business days.