SCHOOL PHOTOGRAPHY TERMS AND CONDITIONS

Thank you for choosing School Photography Scotland.

The purpose of this document is to confirm the terms on which offer parents/carers of the children we photograph, the opportunity to purchase artwork products (“Artwork Products”). Please read through these terms carefully since you will be deemed to have accepted them if you proceed with a purchase.

General Terms and Conditions

1. GALLERY AVAILABILITY: Photographs will be available for parents/carers to view/purchase within 28 days of the Photo Shoot being completed. Photographs will be available in online, private galleries available to parents/carers using the email address either supplied by the parent/carer at registration or supplied by the school. Ordering will be available for a period of one month from when the galleries are made available.

2. THE PHOTOGRAPHS: The number of photographs in each gallery will vary from child to child. We retain absolute discretion regarding:
   1. Which Photographs we include in your gallery (it being acknowledged that not all Photographs taken during the Photo Session will be included) and
   2. The application of any digital editing to any Photographs.

3. RETOUCHING: Requests you make for specific corrections to images, or re-editing of images, will attract additional cost. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. We may need to refer certain retouching services to our third-party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
4. PRICE FOR PACKAGES AND ARTWORK PRODUCTS: The amount that parents/carers pay will depend on which Package and/or Artwork Products they select. Prices for all our Packages and Artwork Products are set out in our Price List here https://schoolphotographyscotland.com/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.

5. ARTISTIC RIGHTS: School Photography Scotland retains the right of discretion in selecting the photographic materials released to the parents/carers for purchase.

6. COMPLAINTS: We endeavour to address any concerns or complaints you may have as quickly as possible. Please address concerns or complaints to us in writing.

7. EVENTS OUTSIDE OUR CONTROL: If we are prevented or delayed from carrying out the Photo Session or supplying your Package or Artwork Products by an event outside our control (including acts of god, fault or failure of equipment, software, hardware, networks, epidemic, pandemic or widespread outbreak of illness or disease or infrastructure or failure by third parties), then we will contact The Client as soon as possible to let them know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for failure or delays caused by the event, but if there is a risk of substantial delay The Client may contact us to end the contract and for parents/carers to receive a refund for any goods or services they have paid for but not received.

8. ARCHIVING: The photographs may be destroyed or archived at our discretion, after the expiration of the applicable ordering period referred to in these Terms and Conditions. A fee will be applicable for retrieving archived photographs.

9. DEFECTIVE ITEMS AND RETURNS: We are under a legal duty to supply Packages and Artwork Products that are in conformity with these Terms and Conditions. You should check your delivered Package and Artwork Products and advise us in writing of any defects or errors as soon as possible. Nothing in these terms will affect your legal rights.

10. ORDER CANCELLATION: Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn't affect your statutory rights.

11. INTELLECTUAL PROPERTY RIGHTS: We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you. As such, you may NOT sell on or amend the photographs you purchase without our expressed permission.

12. PRIVACY: We use and process your personal information in accordance with our Privacy Policy, a copy of which can be found on our website.

13. MISCELLANEOUS
14. Entire agreement: The Key Terms and these Terms and Conditions contains the entire agreement between you and us with respect to their subject matter.
15. Confidentiality: Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”); provided, however, that neither party shall be prohibited from disclosing or using Confidential Information that: (i) is publicly available or becomes publicly available through no act or omission of the receiving party, (ii) is or has been disclosed to such party by a third party who is not under an obligation of confidentiality with respect thereto, (iii) is or has been independently developed by such party, without use or reference to the other party’s confidential information, or (iv) must be used or disclosed under court order or applicable law, provided such use or disclosure is to the minimum extent required by such court order or applicable law. You also agree not to disclose the terms of these Terms and Conditions to any third party.
16. Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Session (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of the courts of the United Kingdom, within which locus the contractual obligations governed by these Terms and Conditions are performed. . You and we irrevocably agree that the courts of (i) England and Wales and (ii) Scotland, will have exclusive jurisdiction to settle any Dispute, depending upon the locus of the performance of the contractual obligations contained herein. It is expressly provided however, that the terms of the Contract (Rights of Third Parties) Act 1999, the Contract (Scotland) Act 1997 and the Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these Terms and Conditions and may not be relied upon by you or any third party in relation to any claim made by you or any third party under these Terms and Conditions