Last Updated: November 10, 2023

These Terms and Conditions ("Terms") govern your use of the MutedSequence Photography website (mutedsequence.sbs) and the photography services provided by MutedSequence Photography ("we," "us," or "our"). By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing our website, booking our services, or engaging with us in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

2. Website Use

2.1 Content

All content on our website, including text, graphics, photographs, logos, icons, images, audio clips, digital downloads, and software, is the property of MutedSequence Photography or its content suppliers and is protected by international copyright laws.

2.2 Permitted Use

You may access, view, and use our website for your personal, non-commercial use only. You may not:

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of our website without our express written permission
  • Use our website for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to any portion of our website, computer systems, or networks
  • Gather, extract, or harvest any information from our website
  • Upload or transmit viruses, malware, or other malicious code
  • Interfere with or disrupt the integrity or performance of our website

2.3 User Accounts

Certain features of our website may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.4 User-Generated Content

If you submit comments, feedback, or other content to our website, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display such content in any media. You represent that you have all necessary rights to grant this license.

3. Photography Services

3.1 Booking and Appointments

Booking our photography services constitutes a contractual agreement. To secure a booking, we require:

  • Completion of our booking form with accurate information
  • Payment of the deposit specified in your quote
  • Written confirmation from us acknowledging your booking

3.2 Rescheduling and Cancellations

Our rescheduling and cancellation policies are as follows:

  • Rescheduling requests must be made in writing at least 14 days before the scheduled session
  • One rescheduling is permitted without penalty, subject to our availability
  • Cancellations made more than 30 days before the session date will receive a refund of any payments made, minus the non-refundable deposit
  • Cancellations made between 14-30 days before the session will receive a 50% refund of any payments made, minus the non-refundable deposit
  • Cancellations made less than 14 days before the session will not receive a refund

We reserve the right to reschedule or cancel sessions due to illness, emergency, adverse weather conditions, or other circumstances beyond our control. In such cases, we will offer to reschedule or provide a full refund.

3.3 Session Conduct

During photography sessions:

  • You agree to follow our guidance and instructions regarding poses, locations, and timing
  • You are responsible for the behavior of any individuals participating in the session
  • We reserve the right to end a session if any participant engages in inappropriate, offensive, or dangerous behavior
  • We may refuse to capture certain poses or scenarios that conflict with our artistic or ethical standards

3.4 Delivery of Images

Upon completion of a photography session:

  • We will deliver your images within the timeframe specified in your booking agreement
  • Images will be provided in the format specified in your booking agreement
  • We retain the right to determine which images to deliver based on our professional judgment
  • Raw, unedited files are not provided under any circumstances

4. Payment and Pricing

4.1 Fees and Charges

Our pricing is as outlined in your personalized quote or on our website. All prices are in GBP and include applicable taxes unless otherwise stated. We reserve the right to update our pricing at any time, but changes will not affect existing bookings.

4.2 Payment Terms

Payment terms are as follows:

  • A non-refundable deposit (typically 30% of the total fee) is required to secure your booking
  • The remaining balance is due 7 days before the scheduled session unless otherwise specified
  • For commercial projects, payment schedules will be outlined in your contract
  • Late payments may incur additional fees or result in cancellation of the session

4.3 Accepted Payment Methods

We accept payment via credit/debit cards, bank transfers, and other methods specified on our website or in your booking agreement.

5. Intellectual Property Rights

5.1 Copyright

In accordance with UK Copyright Law:

  • We retain copyright ownership of all images we create
  • When you purchase our services, you are granted a license to use the images as specified in your contract
  • This license is non-transferable and does not grant ownership of the copyright

5.2 Licensing and Usage

The standard license for personal photography sessions includes:

  • Permission to print and share images for personal, non-commercial use
  • Permission to share images on social media with credit to MutedSequence Photography
  • Prohibition against selling, licensing, or using the images for commercial purposes without our express written consent

Commercial licenses vary based on the project and will be specified in your contract.

5.3 Image Alterations

You may not:

  • Edit, crop, or alter the images in any way without our permission
  • Remove watermarks or metadata from the images
  • Claim ownership or authorship of the images

5.4 Portfolio Usage and Marketing

Unless otherwise specified in writing:

  • We reserve the right to use images from your session in our portfolio, on our website, in social media, and for marketing purposes
  • If you wish to restrict this usage, you must notify us in writing before your session
  • Restrictions may result in additional fees

6. Limitation of Liability

6.1 Service Performance

While we strive for excellence in all our services:

  • We cannot guarantee specific results or that images will meet your subjective expectations
  • Technical failures, equipment malfunctions, or other circumstances may impact our ability to deliver certain images
  • Our liability is limited to the amount you paid for the services

6.2 Indemnification

You agree to indemnify, defend, and hold harmless MutedSequence Photography, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your conduct during photography sessions

6.3 Website Reliability

Regarding our website:

  • We do not guarantee that our website will be uninterrupted, error-free, or secure
  • We are not responsible for any loss or damage resulting from your use of our website
  • We may temporarily suspend access to our website for maintenance or updates

6.4 Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of use of these websites. Your use of third-party websites is at your own risk.

7. Privacy

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website or services after any changes indicates your acceptance of the modified Terms.

We will make reasonable efforts to notify you of significant changes, but it is your responsibility to review these Terms periodically.

9. Dispute Resolution

9.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

9.2 Dispute Process

In the event of a dispute:

  • We encourage you to contact us directly to resolve any concerns
  • If informal resolution is not possible, disputes will be resolved through arbitration in accordance with the rules of the British Arbitration Association
  • The arbitration will take place in London, United Kingdom
  • The language of the arbitration will be English

9.3 Time Limitation

Any claim arising from these Terms or our services must be brought within one (1) year after the cause of action arises.

10. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

11. Entire Agreement

These Terms, together with any booking agreements, contracts, or other documents specifically referenced herein, constitute the entire agreement between you and MutedSequence Photography regarding the subject matter hereof and supersede all prior or contemporaneous communications and proposals.

12. Contact Information

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

MutedSequence Photography
388 Sean Ways
Leahton CT6 9AR
United Kingdom

Email: [email protected]
Phone: +44 124 899 3638

By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.