Viva La Foto General Terms and Conditions
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using www.vivalafoto.co.uk (“the Site”) operated by Viva La Foto (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the site or studio Bromley at www.vivalafoto.co.uk.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
By booking a session with Viva la foto you are subject to the below terms and conditions.
Booking
A non re-fundable session fee is payable on booking to secure your session. Fee's taken for photography sessions are non refundable except in the event of Viva La Foto cancelling the booking. Viva la Foto's liability in such a case shall be limited to a full refund of the session fee. However should the need arise for the Client to reschedule the appointment this can be done a total of three times, thereafter the session fee is void and a new payment will need to be issued.
Client Disclosure – the client will advise Viva La Foto of all relevant information in such as to provide a safe environment for all clients without discrimination. The studio will not be responsible for client lack of disclosure of medical requirements or needs in the event that this impacts on the results of the photo session or the fluidity of the session itself.
Photo Session
Viva La Foto will ensure that every effort is made to provide pleasing imagery with input of the Client to produce services that are of professional quality and standard.
Although Viva La Foto shall exercise all reasonable skill, care and diligence in the discharge of their duties, it is understood that, in the event of any unforeseen circumstances causing loss of photographic record, the studio will only be responsible for the return of all the money paid to date, although every effort will be made to re-take the photographs.
Viva La Foto take every reasonable effort to ensure the premises and equipment is deemed as suitable and safe for all users at all times.
The Client is fully responsible for their own action, and responsible for the children they are in the accompany of, and any damages or breakages to the property that incur as a result of the Clients action shall be the responsibility of the Client to pay or rectify as agreed with Viva La Foto. Children under the age of 16 are the responsibility of the adult they are accompanied by and shall not be left unattended while in the studio.
Viva La Foto do not take any responsibility for any loss or damage to any personal belongings within or outside the studio.
Viva La Foto sessions can involve some physical activity, which is undertaken at your own risk.
By completing Viva La booking form the Client declares that they are over 16years and deemed healthy to participate in a photo shoot, Viva la Foto take no responsible action for any outcome as a result of any false information provided, or withheld from Viva La foto.
Orders and Processing
Full payment must be made before any orders are placed into production, via cash or card. Clients are able to enter into a self monitored payment plan, however production of prints or digital images will be subject to completion of payment.
Digital images will be provided either by digital download or CD, if the Client requests and alternative method the Client will provide the format in new and unused USB or hard drive.
All photograph sizes are nominal. Viva La foto will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct.
All photographs supplied by Viva La Foto are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Viva La Foto cannot accept any responsibility for this gradual image deterioration.
All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice. Offers and discounts can only be claimed on booking and not retrospectively and new promotions/discounts cannot be claimed against existing bookings. An addition charge is applied to all order amendments. All prices are inclusive of V.A.T
All purchases are presumed to have been received in good condition unless the Client notifies Viva La Foto in writing of any discrepancy or error within 2 days of receipt.
Intellectual Property
The Site and its original content, features and functionality are owned by Viva La Foto and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Termination
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Viva La Foto.
Viva La Foto has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Contact Us
If you have any questions about this Agreement, please contact us.
Photo Booth and Magic Mirror Booking Terms & Conditions
Viva La Foto LTD will provide a photo booth or Magic Mirror for your event according to the following terms and conditions.
Booking, Deposit & Payment
A deposit of £50 for a photo booth or £100 for a Magic Mirror must be paid by card or cash to secure a booking. A booking form must be completed with the full balance becoming payable in cash on the day of your event and prior to the hire commencing. Please note deposits are non refundable.
We observe professional etiquette and ask that the hirer makes contact with the operator on our arrival and makes payment without having to be asked.
Payment by cheque is not accepted.
The operator will not operate the photo booth or Magic Mirror until payment has been made in full.
Cancellations
Any cancelled order is subject to the following cancellation charges:
Within 8 weeks prior to event 20% of order value
Within 6 weeks prior to event 50% of order value
Within 4 weeks prior to event 75% of order value
Within 2 weeks prior to event 100% of order value
Hire Time
Your photo booth or Magic Mirror will be made available for the agreed period based on the actual usage time at the venue.
Should allocated supplies be used, the actual hire time may be reduced.
Additional hours can be purchased on the night or for £40 per hour if booked in advance.
Photos
Unless otherwise agreed, the booth or Magic Mirror will print one picture for your guestbook which we provide, and one copy per sitting within the photo booth or Magic Mirror.
If available, we will also bring an external printer and computer which will enable guests to purchase enlargement size 10×8 photos.
This is offered as an additional service and is not in anyway an attempt to commercialise your event.
Guests will be charged £5 per 10×8 enlargement however guests are allowed to enter the booth or Magic Mirror as many times as they wish to have their 6×4 picture, which is included in the package price.
If available, we will provide a free 10×8 picture to the Bride & Groom (if a wedding) or the organiser, if a party or private function.
We will endeavour to provide the supplies and equipment ordered, but the operator reserves the right to substitute supplies or equipment at any time should there be a need.
Photo Booth and Magic Mirror Set Up
It usually takes an hour to set the photo booth or Magic Mirror up and then an hour to take down and so with travelling, it can be a 7 – 8 hour event.
We ask that we are able to have a light snack from the buffet once the guests have eaten.
If this is not possible then please do let us know when booking for us to take a packed lunch.
The hirer will arrange for sufficient space to be provided in positioning the photo booth or Magic Mirror to allow safe use of the equipment by the operator and guests.
The hirer will arrange for the photo booth or Magic Mirror’s final position to be within 10m of an electrical socket of 220-240v fitted with a 13amp trip.
The Magic Mirror cannot be taken up stairs. If the location required is on a floor other than the ground floor, it is the responsibility of the hirer to ensure that lift access is available. We cannot be held responsible for failure to supply if no lift access is available and can not offer a refund if this is the reason for failure to supply.
Guest Behaviour
Whilst we encourage the fun use of the photo booth or Magic Mirror, if we feel that the photo booth or Magic Mirror is not being treated in a respectful manner we will ask the guest(s) to leave the booth or Magic Mirror.
We will not accept any threatening or abusive behaviour and if this occurs we will stop the use of the photo booth or Magic Mirror and dismantle the equipment without a refund.
Technical Issues / Failure To Supply
In the unlikely event of a technical problem with the photo booth and Magic Mirror or events beyond our control a refund will be given pro-rata to any time lost.
The operator cannot be held responsible for any failure to provide a service of supplies or equipment if the operator has no control over the circumstances which may withhold all or part of the supply such as accidents, traffic issues en-route to the venue, venue issues or the delay in operating the unit for any reason.
In the event that the operator has no option but to fail in the supply of equipment hire and supplies in whole or in part, which are the responsibility of the operator, any monies paid will be reimbursed as soon as possible and in all cases, within 10 days of the planned date.
Failure to supply due to the venue or client issues will not result in a refund.
If the photo booth or Magic Mirror is required to be left without an operator for any period of time during the event; credit card details will be required alongside a copy of a valid I.D. Any damage or loss will be charged to the card holder. If any technical issues occur during the absence of an operator, Viva La Foto LTD cannot be held responsible, we will however provide a contact number for the operator should there be any technical issues during their absence.
Damage or loss of guests items
Viva La Foto LTD or the operator cannot be held responsible for the damage or loss of users property.
The operator is sometimes asked by guests to look after their belongings, the operator will try to ensure that items are observed, but cannot be held for loss or damage due to preoccupation with the photo booth or Magic Mirror.
The photo booth uses velcro to secure many parts and as such guests clothing can occasionally become caught and damaged, we endeavour to ensure that there is a minimal risk of clothing becoming caught on the velcro used by the booth, but cannot guarantee that this does not happen and cannot be held responsible if this occurs.
Insurance
The operator will provide a copy of its insurance liability should the venue request one.
Acceptance Of Terms & Conditions
The hirer agrees that in providing a booking form and the payment of at least a deposit, the hirer accepts these terms and conditions.
If you require any clarification please just ask. If you have any other questions about the photo booth hire terms & conditions please contact us.
Miscellaneous
Viva la foto LTD will not be responsible or liable for any damage to property, personal injury or bodily injury, death or emotional distress which you sustain as a result of any Booking/shoot made through our Platform or a Booking made following a Booking Enquiry including without limitation any business interruption, loss of business, income, revenue, profits, contracts, commercial opportunities, anticipated savings or any other benefit, data, information, office time or waste of resources however arising and whether foreseeable or not and whether caused by tort (including negligence), breach of contract, legal action or otherwise.
Digital Negatives, Prints, Video and Copyrights
The photographs, digital negatives, prints and video produced by Viva La Foto are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Viva La Foto’s explicit written permission. Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The files are the property of the client for personal use. The client must obtain written permission from, and compensate Viva La Foto prior to an event where the client’s friends or relatives publish or sell the photographs for profit. If absolute copyright is required by the client or any of his representatives. of any or all images, this may be purchased with a minimum fee of £250 irrespective of the minimum number of images purchased.
Model Release
The client hereby assigns and grants Viva La Foto and its legal representatives the irrevocable and unrestricted right to use and publish photographs/video of the client or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Viva La Foto and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Viva La Foto may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Viva La Foto or their representatives. Viva la foto reserves the right to use images of external event suppliers products, exhibited and purchased for the event for promotional purposes with permission of the client.
Editing and Professional image Manipulation
Photography: Viva La foto will edit all images given to the client to a very high standard. Editing will include- cropping, basic colour correction, brightness and contrast. Any additional retouching such as opening of individual’s eyes, de-ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait retouching etc is not included in the client’s package. Viva La Foto will be happy to quote the client on any editing/retouching that they may require, but it is understood by the client that additional costs will incur for this service. If a technicality prevents Viva La Foto from performing requested image manipulation, or if a technicality prevents the final result to meet the client’s requirement, the client will reside with the fact that Viva LA Foto has performed to its best ability with regard to the specific task and that Viva La Foto has no further responsibility towards said image manipulation. The final product of edited digital images and printed products including prints and canvases will be provided 12 weeks after the event date.
Newborn Packages
Mini Newborn
Please be aware of the following terms and conditions for the mini photoshoot package Mini 199, priced at 199 pounds, including the booking fee. The session will last 30-45 minutes and includes the delivery of 5 high-quality digital images of your choice. All digital images are edited, but heavy retouching is not included. This package is exclusively for babies up to 4 weeks old, and we include one outfit with accessories but no props. Overly complicated poses are not included in this package. Please note that the deposit payment is non-refundable for last minute cancellations. You are welcomed to reschedule for certain reasons (i.e sickness). Bookings are available only on weekdays (Tuesday to Friday). We look forward to capturing beautiful memories with your little one during the session!
Package One
Please be aware of the following terms and conditions for the Newborn Package One priced at 250 pounds, including the booking fee. The session will last up to an hour and includes the delivery of 5 high-quality digital images of your choice. All digital images are edited, but heavy retouching is not included. This package includes photos with the parents and siblings. Overly complicated poses are not included in this package. Please note that the deposit payment is non-refundable for last minute cancellations. You are welcomed to reschedule for certain reasons (i.e sickness). Bookings are available only on weekdays (Tuesday to Friday). We look forward to capturing beautiful memories with your little ones during the session!
Please note that prices and packages are subject to change.