The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
For the purposes of these Terms and Conditions:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement): Lost Art Studios LLC, East Orange, NJ 07017, US.
- Photographer: Trevor Jackson, trading as Lost Art Studios LLC, East Orange, NJ 07017, US.
- Website: Lost Art Studios – Photography Services, accessible from https://www.lostartstudios.pro/
- You/”The Client”: the individual accessing or using the Service, or the company, or the body of persons, or other legal entity on behalf of which such individual is accessing or using the Service or with whom the Photographer enters into a contract for the sale of goods or provisions of services, as applicable.
- Service: refers to the Website.
- Shoot Dates/Times: All shoot dates and times are subject to availability and are allocated on a first-come-first-served basis. To secure an available shoot date and time, the Photographer may require payment of the stated sitting fee from the Client at the time of booking the shoot.
- Affiliate: in online retailing, affiliation is common in marketing and selling wherein one company may affiliate with another to sell products or services.
- Country: New Jersey, United States
- Device: any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Third-party Social Media Service: any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Minors: Bookings for photography shoots must be made by persons aged 18 or over. All subjects aged under 18 must be accompanied and supervised at all times by a parent or legal guardian.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Client Personal Information
Placing an Order and Payment Terms
The Photographer requires payment in full from the Client on all orders placed under 500 USD. Orders will only be processed when payment has been made.
Over 500 USD, the first 500 USD shall be paid at the moment of the reserve, and payment by the Client of the balance outstanding on the basic price will be paid ONE MONTH prior to the date of the shooting campaign. If less than a month remains at the time of order, full payment shall be effectuated at the moment the order has been placed. Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc.) issued for the recovery of the outstanding debt of not less than 15.50 USD plus VAT each and all other costs for the recovery of debts including bank charges. A further charge of 5% over the Usual Photographer’s Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced. Where a Client is a company and whether or not that company has gone into liquidation, the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
Due to the custom nature of the products produced, orders cannot be canceled and all payments are non-refundable.
- Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
- Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
The price of the services and packages is guaranteed at the time of the booking. All reprints, enlargements, and extras not included in the package will be at the current price at the time of ordering.
Vouchers issued to The Client must be redeemed by the expiry date shown on the voucher, or it will no longer be valid. There is no cash alternative, refunds, or change given. Vouchers cannot be used in conjunction with any other offer, voucher, or existing shoot provided by The Photographer. It cannot be used for any other service other than what is described on the voucher.
Only one promotional voucher can be redeemed by the Client (or anyone in their household) in any calendar year.
The photographer reserves the right to charge a booking fee of 25.00 USD on all voucher shoots. This will be refunded in full once the Client has attended the shoot and the viewing at the agreed times. Non-attendance at these times will result in the booking fee being retained and voucher benefits being canceled.
Cancellation or Rescheduling of Shoots
The Client may cancel/reschedule their shoot once and have a refund of any sitting fees paid, providing they give the Photographer a minimum of five days’ notice in writing (5 days). If The Client gives less than 5 days’ notice, all fees paid are non-refundable and the rescheduling of the shoot will be subject to a minimum charge of 50.00 USD. All dates/times are subject to availability.
On instances where The Client arrives late or fails to attend their shoot at the agreed time, the photographer reserves the right to shorten or cancel the shoot without the refunding of any fees paid. The rescheduling of such shoots will be subject to The Photographer’s standard fees.
Shoots purchased through a voucher or promotion are non-refundable.
In the event of the Client canceling or rescheduling their shoot, the Client agrees to pay in full all cancellation fees for any additional services they requested and contracted in for specifically their shoot such as (but not limited to) hair/makeup artists, prop/location hire, etc.
Event Photography: Wedding, On the Day
- The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends, and other guests to take photographs throughout the day.
- The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however, one would be greatly appreciated.
- The photographer will stay to photograph beyond the first dance stay until approximately 9 pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
The Photographer shall be granted creative and artistic license in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken, and the digital processing of the images. The Photographer shall endeavor to undertake any set-ups or poses requested by the Client, subject to time available, and the willingness and cooperation of the subjects being photographed.
The Photographer has the absolute right to select the images that will be shown to the Client at the viewing. All photographs rejected by the Photographer during the selection process will be permanently deleted and will not be available for the Client to view. The choice and number of photographs shown to the Client will be deemed as correct.
Copyright and Ownership
In accordance with the Copyright, Designs and Patents Act 1988, the Photographer owns the copyright on all the photographs taken. It is a criminal offense for The Client or for any other person to scan, copy, save, alter/manipulate, upload, download, reproduce or print the photographs in any way or by any other means.
On instances where the Client purchases high-resolution images in an electronic format, the copyright remains with The Photographer, but The Client is granted a license to make unlimited reproductions of the purchased images for personal and non-commercial purposes. The Client is not permitted to sell on, charge for, or allow the photographs to be used by a third party (including commercial organizations) without written permission of The Photographer. Reproduction fees may be applicable.
Other licensing terms will apply for photographs taken specifically for commercial purposes.
All originals, negatives, transparencies, and digital files remain the property of the Photographer.
- For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees, and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.
- For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Trevor Jackson. And shall where the context so admits include their respective assignees, sub-licensees, and successor in title.
- “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files, or any other type of physical or electronic material in existence now or yet to be developed.
- Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
- Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorized to do so.
- When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
- The Author retains the entire copyright in the Photographs and Works at all times, throughout the World.
- Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs, and Patents Act 1988.
Ownership of Materials
- The title to all Photographs remains the property of the Photographer.
- When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
- The title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
If you use any of the company’s trademarks in reference to our activities, product(s), or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, product(s) or services which are not ours; in a manner which may be confusing, misleading, or deceptive; or in a manner that disparages us or our information, product(s) or services (including this website).
Additional Ownership Clauses
- The License to Use comes into effect from the date of payment of the relevant invoice(s).
- No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
- Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
- Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed upon. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes.
- Where uses of an image are made which breach the license to use further charges will be made. Any reproduction rights granted are by way of license only and no partial or another assignment of copyright shall be implied.
- On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
- Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.
- The Photographer retains the right in all cases to use or sell the Photographs.
- Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
- The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
- It is the Client who must satisfy himself/herself/themselves that all necessary rights, model releases, clearances, or consents which may be required for reproduction of people, places, or items depicted within any Works are obtained.
- It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases, or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs, or Works of art depicted in any picture.
- The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
- In all other cases, the Client shall indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
- The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Mike Nowill their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
Right to a Credit
The Licence to Use requires that the Photographer’s name “Trevor Jackson” and/or his legal name “Lost Art Studios (LLC)” will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer. Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
If we enable a shop further on, each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
At all times, the Client will be responsible for the safety and conduct of all persons in their party whilst on the Photographer’s premises or on location. The Photographer reserves the right to terminate his activities without the refunding of any fees if he deems the conduct of any person to be unruly, inappropriate, or likely to cause harm to persons or damage to property. The Client agrees to pay in full for all loss (including consequential loss) and damage caused by anyone in their party and leave immediately the premises.
The Client will be held reliable if she/he/they is/are forcing the photographer into a compromising or difficult situation.
Sizes and Colour Matching
All sizes quoted by The Photographer are approximate and due to the bespoke nature of the Photographer’s work, may not be compatible with standard print sizes. Due to the limitations of materials and printing processes, it is not possible to guarantee a perfect color match. The Photographer will endeavor to provide the closest possible match, which will be deemed as correct.
Retention of Photographs and Products
The Photographs shown to the Client are retained for a minimum of 6 months from the date of the shoot. After that time, The Photographer reserves the right to permanently delete the photographs without notice and without the refunding of any fees paid. If The Client does not view the photographs or make a purchase of prints/digital files within 6 weeks of their shoot, it will be assumed The Client has no requirement to view the photographs and The Photographer reserves the right to permanently delete the photographs without notice and without the refunding of any fees paid.
If goods are not collected within 6 months of the order being placed, the Photographer reserves the right to dispose of any items without the refunding of any payments made. Any outstanding balances will remain due.
Public Display, Marketing, and Promotion
The Photographer reserves the right to publicly display and use any of the photographs taken during the Client’s shoot for marketing, promotional, competitions, exhibitions, social media, and editorial purposes. If the Client prefers not to have the photographs put on public display, they should inform the Photographer in writing.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Lost Art Studios LLC’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Lost Art Studios LLC’s express written consent.
If Lost Art Studios LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose. You grant to Lost Art Studios LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Lost Art Studios LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Lost Art Studios LLC or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint. Lost Art Studios LLC reserves the right to edit or remove any material submitted to this website, or stored on Lost Art Studios LLC’s servers, or hosted or published upon this website. Notwithstanding Lost Art Studios LLC’s rights under these terms and conditions in relation to user content, Lost Art Studios LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Limitation of Liability / No warranties
Notwithstanding any damages that You might incur, the Photographer shall not be liable for any economic loss, loss of profit, loss of business, or any claims for consequential compensation however caused. In all cases, the Photographer’s liability shall be limited to a refund of shoot fees paid.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Errors, Omissions, and Complaints
Claims for damage, defects, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery. The Client’s statutory rights are not affected.
In the event of photographic failure or due to any acts or events beyond the Photographer’s control, including (but not limited to) death, illness, an act of God, breakdown, inclement weather, catastrophic loss of data, or the failure to deliver goods and services provided by the Photographer’s suppliers or sub-contractors, the Photographers liability will be limited to the refund of any shoot fees paid.
Upon termination, Your right to use the Service will cease immediately.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Any contract made between the Photographer and the Client shall in all respects be governed by and construed in accordance with New Jersey Law (United States) and the parties hereto submit to the jurisdiction of the New Jersey courts.
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Mind that the services we provide are intended for the United States of America.
United States (US) Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
You agree that the original English text shall prevail in the case of a dispute.
Lost Art Studios LLC
East Orange, NJ 07017, US
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Last updated: September 13, 2020