Modest Pattern

Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Modest Pattern Photography ("we," "us" or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and our photography services.

You agree that by accessing the Site and/or using our services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and our services and must discontinue use immediately.

Website Use and Conditions

By using our website, you warrant and represent that:

• You are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian;
• You have the legal capacity to enter into a binding agreement;
• You will use the Site in accordance with these Terms and Conditions;
• You are not accessing the Site to violate any law, regulation, or rule;
• You will provide accurate information when creating an account, making a booking, or otherwise interacting with the Site.

Account Creation and Security

If you create an account on our website, you are responsible for maintaining the security of your account and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information;
• Keep your password confidential and notify us immediately of any unauthorized use of your account;
• Not share your account credentials with any third party;
• Be solely responsible for any activities conducted through your account.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Use the Site in a manner inconsistent with any applicable laws or regulations;
• Engage in unauthorized framing or linking to the Site;
• Upload or transmit viruses, malware, or other types of malicious code;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• Attempt to bypass any measures designed to prevent or restrict access to the Site;
• Impersonate or attempt to impersonate our company, an employee, another user, or any other person or entity;
• Use any information obtained from the Site to harass, abuse, or harm another person;
• Use the Site to advertise or offer to sell goods or services for any commercial purpose without our prior written consent.

Photography Services Terms

Booking and Appointments

When booking our photography services, you agree to the following terms:

• All bookings are subject to our availability and must be confirmed with a deposit payment;
• The booking is not confirmed until you receive a written confirmation from us;
• Rescheduling requests must be made at least 14 days prior to the scheduled session date;
• Late arrivals may result in shortened sessions without a reduction in the session fee;
• We reserve the right to reschedule due to illness, injury, or other circumstances beyond our control.

Payment Terms

Our payment terms are as follows:

• A non-refundable deposit of 25% of the total fee is required to secure your booking;
• The remaining balance is due no later than 7 days before the scheduled session date, or immediately for sessions booked with less than 7 days' notice;
• Payment methods accepted include credit/debit cards, bank transfers, and PayPal;
• Late payments may result in cancellation of your booking without refund of the deposit;
• Additional fees may apply for extended sessions, extra editing requests, or special requirements not included in the original package.

Delivery of Images

Regarding the delivery of photographs:

• Turnaround time for delivering digital images is typically 2-4 weeks for portrait sessions and 6-8 weeks for weddings/events;
• Delivery timeframes are estimates and may vary depending on our workload and the complexity of editing required;
• Images will be delivered via an online gallery unless otherwise specified;
• Access to online galleries is typically provided for 30 days, after which time the gallery may be archived;
• We recommend downloading and backing up your images promptly.

Intellectual Property Rights

Copyright Ownership

All photographs created by Modest Pattern Photography are protected by copyright law:

• We retain copyright ownership of all images we create;
• When you purchase digital images or prints, you are purchasing a license to use the images for personal use, not the copyright to the images;
• Licenses for commercial use must be separately negotiated and agreed upon in writing;
• Any unauthorized use, reproduction, or distribution of our images constitutes copyright infringement.

Image Usage Rights

When you purchase our photography services, you are granted the following rights:

• Personal, non-commercial use of the images, including sharing on personal social media accounts, printing for personal display, and sharing with family and friends;
• When sharing images on social media or other platforms, credit to "Modest Pattern Photography" is appreciated but not required for personal use;
• You may not sell, license, or otherwise use the images for commercial purposes without our express written permission;
• You may not edit, alter, or modify the images beyond minor adjustments (cropping, filters) for personal social media posting.

Our Usage Rights

Unless explicitly stated otherwise in writing, we reserve the right to:

• Use any images created during your session in our portfolio, on our website, on our social media accounts, and in marketing materials;
• Submit images from your session to photography competitions, publications, or galleries;
• If you wish to restrict our use of your images, this must be discussed and agreed upon in writing prior to your session.

Limitation of Liability

To the maximum extent permitted by law, Modest Pattern Photography shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use our services or website;
• Any loss of data, profits, goodwill, or other intangible losses;
• Any damages arising from service interruptions, equipment failure, weather conditions, or other circumstances beyond our control;
• Damages exceeding the amount paid by you for the specific service giving rise to the claim;
• Any issues related to third-party vendors we may recommend or work with (such as album companies, print labs, etc.).

Force Majeure

We will 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, including but not limited to:

• Natural disasters or severe weather conditions;
• Government restrictions or regulations;
• Power or equipment failure;
• Unexpected illness or injury;
• Acts of terrorism or war;
• Public health emergencies or pandemics.

Indemnification

You agree to indemnify, defend, and hold harmless Modest Pattern Photography and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

• Your breach of these Terms and Conditions;
• Your violation of any law or the rights of a third party;
• Any content you provide or actions you take using our services or website.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time:

• Changes will be effective immediately upon posting to our website;
• We will make reasonable efforts to notify you of significant changes, but you are responsible for regularly reviewing these Terms;
• Your continued use of our services or website after any changes constitutes your acceptance of the new Terms;
• If you do not agree with the revised Terms, you must stop using our services and website.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services 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.

Termination

We may terminate or suspend your access to our services and website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.

Upon termination, your right to use our services and website will immediately cease. If you wish to terminate your account, you may simply discontinue using our services or contact us to request account deletion.

Contact Information

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