TERMS & CONDITIONS
Effective date: 9 September 2026
These Terms & Conditions apply to Services supplied by Elizabeth Biggs Photography, Training & Consulting (“EBPTC”), operated by Elizabeth Biggs.
Business address: 6 Hunter Street, Chester, Cheshire, CH1 2AR
Email: info@elizabethbiggs.co.uk
Telephone: 07878 437843
Website: elizabethbiggs.co.uk
GENERAL TERMS — EVERY BOOKING
1. HOW THESE TERMS APPLY
These Terms form the general contractual terms for EBPTC Services.
A quotation, booking confirmation, signed agreement or other written document expressly agreed as part of the contract may identify the Services purchased and any job-specific terms. Together, these form the “Booking”. An invoice may confirm agreed price and payment details but does not add new terms unless the parties expressly agree them.
Where an expressly agreed job-specific term conflicts with these Terms, the job-specific term takes priority for that Booking, subject to any right or liability that cannot lawfully be excluded or restricted.
“Client” means the individual or organisation entering into the Booking with EBPTC.
“Consumer” means an individual acting wholly or mainly for purposes outside that individual’s trade, business, craft or profession.
“Business Client” means an organisation, or an individual entering into the Booking wholly or mainly for purposes relating to their trade, business, craft or profession.
“Services” means the services identified in the Booking.
“Final Images” means photographs delivered by EBPTC as final work under a Photography Booking.
EBPTC provides services including Photography, Training & Teaching, and Consulting, Coaching & Advisory Services. Only the Services identified in the particular Booking form part of that contract.
Where the Client is legally a Consumer, the Consumer provisions in these Terms apply regardless of the label used in the Booking.
A Booking may include both business and personal uses. The Client’s legal status as a Business Client or Consumer depends on the main purpose of the particular Booking.
Planning, briefing, creative direction, image-use guidance or other advice provided as part of a Photography Booking forms part of the Photography Services and does not by itself create a separate Consulting, Coaching & Advisory engagement unless the Booking expressly identifies one.
2. QUOTATIONS, BOOKINGS AND CONTRACT FORMATION
A quotation is based on the information reasonably available when it is prepared and is subject to any stated validity period, availability and assumptions.
A Booking becomes binding in the way stated in the relevant quotation or agreement. This may include written acceptance, signature and/or receipt of an agreed booking payment.
If an individual accepts a Booking on behalf of an organisation, that person confirms that they have authority to do so.
The agreed Services, date, approximate duration, deliverables, image quantity, licence, price and other material terms are those stated in the Booking.
Work outside that agreed scope may be separately quoted and must be agreed before EBPTC undertakes materially additional chargeable work.
For Consumer Bookings, information about EBPTC or the Services that the law treats as part of the contract remains part of it even if it is not repeated in these Terms.
Any unavoidable charge required to purchase the agreed Services will be included in the quoted total price, or clearly identified where it cannot reasonably be calculated in advance. Optional upgrades, add-ons or additional Services will only be charged where the Client agrees to them.
3. ACCESSIBILITY AND COMMUNICATION
EBPTC will make reasonable adjustments where required by equality law.
A Client who knows of an access, communication, sensory, mobility or other support need that may affect practical arrangements is encouraged to raise it as early as possible so suitable arrangements can be discussed.
4. WHO MAY PROVIDE OR SUPPORT THE SERVICES
EBPTC may use suitably engaged assistants, photographers, retouchers, virtual assistants, specialists or other suppliers to provide or support parts of the Services where appropriate.
EBPTC remains responsible to the Client for EBPTC’s contractual obligations.
If the Booking names a particular person as a material part of the Service, EBPTC will not make a material substitution without good reason and will tell the Client.
Personal information accessed by people or suppliers supporting the Services will be handled in accordance with applicable data-protection requirements and the EBPTC Privacy & Cookies Policy at elizabethbiggs.co.uk/privacy-and-cookies-policy. A PDF copy is available on request.
5. CLIENT INFORMATION, PREPARATION, PERMISSIONS AND RESPONSIBILITIES
The Client is responsible for providing accurate information reasonably needed to plan and deliver the Services and for checking important details supplied to EBPTC.
The Client is responsible for arranging any people, access, permissions, facilities, materials, equipment or other items that the Booking identifies as the Client’s responsibility.
Where the Client supplies logos, artwork, written material, photographs or other intellectual property for use in the Services, the Client confirms that they have the authority reasonably necessary for EBPTC to use that material for the agreed purpose.
Where additional participant consent, safeguarding, suitability checks or other arrangements are required by the nature of a Booking, EBPTC and the Client will identify and deal with the applicable arrangements as part of planning and delivering the Services.
6. TIMING, ATTENDANCE AND CLIENT-CAUSED DELAY
The Client and any participants for whom the Client is responsible should be ready at the agreed start time where the Service is scheduled for a particular time.
Time lost because the Client or people under the Client’s reasonable control arrive late, are not ready, cannot provide agreed access or create avoidable interruption may reduce what can reasonably be delivered within the booked time.
EBPTC may extend the booked time where practical but is not required to do so.
Additional attendance, extended time or repeat work required because of material Client-caused delay may be chargeable. Any additional charge will be explained and agreed before the extra work is carried out whenever that is reasonably possible.
Where material delay is caused by EBPTC, EBPTC will take reasonable steps to make up the affected time or provide another appropriate remedy.
7. ILLNESS, EMERGENCIES AND EVENTS OUTSIDE REASONABLE CONTROL
If the Client, Elizabeth Biggs or another person essential to delivering the Booking is affected by illness, injury or emergency, the parties will take reasonable steps to reschedule or adapt the Booking rather than require unsafe or unreasonable attendance.
Where EBPTC cannot perform because of serious illness, emergency, venue closure, equipment or essential-system failure despite reasonable precautions, or another event outside EBPTC’s reasonable control, EBPTC will take reasonable steps to rearrange the affected work or provide an appropriate alternative.
If the affected Service ultimately cannot be supplied, an appropriate remedy or refund will reflect the part of the Service that cannot be provided and any applicable statutory rights.
8. SAFE AND LAWFUL WORKING
EBPTC is not required to provide or continue Services in conditions that are unsafe, abusive, threatening, discriminatory, illegal or materially unsuitable for the agreed work.
Where reasonably possible, EBPTC will explain the problem and allow a reasonable opportunity for it to be corrected.
Where there is an immediate risk or the problem cannot reasonably be resolved, EBPTC may pause or stop the affected work.
Where additional attendance, time or repeat work becomes necessary because of a matter within the Client’s reasonable control, that additional work may be chargeable.
Stopping work under this section does not automatically mean all payments are lost. Any amount retained or charged will reflect Services already supplied, reasonable additional work, actual loss that cannot reasonably be avoided, and any applicable statutory rights.
EBPTC is not required to undertake a materially different activity, location or working condition that falls outside the agreed scope or cannot reasonably be undertaken safely. Where a proposed change materially alters the risk or practical requirements of a Booking, the parties may need to agree revised arrangements before that work proceeds.
SERVICE-SPECIFIC TERMS
PHOTOGRAPHY BOOKINGS
9. PHOTOGRAPHY BRIEF AND PLANNING
Where the Booking includes Photography, EBPTC will plan and photograph in accordance with the agreed purpose and brief.
Photography planning may include discussion and guidance about locations, clothing, practical preparation, how the Final Images will be used, including print and digital use, and the intended look and feel of the photographs.
For commercial photography, planning may also include matters such as brand, messaging, audience, marketing purpose, layouts, crops, orientation and other requirements affecting how the photographs need to work.
These activities form part of the Photography Services where they support the planning, creation or use of the agreed photographs. They do not by themselves create a separate Consulting, Coaching & Advisory engagement.
Where the Client materially changes the photographic brief, required outputs, number of people, locations, deliverables or intended use after the Booking is agreed, EBPTC may explain any effect on time, feasibility, price or delivery and agree any necessary change before proceeding.
10. PHOTOGRAPHIC JUDGEMENT AND REQUESTED IMAGES
EBPTC will use professional judgement in relation to matters including lighting, locations, composition, posing, timing, expression, direction, image selection and editing while working within the agreed brief.
Specific requested photographs or outcomes remain subject to practical circumstances including the people present, weather, light, access, venue rules, safety and available time.
EBPTC will use reasonable care and skill to achieve the agreed brief but cannot guarantee every individual requested frame, pose, expression or combination of circumstances.
If EBPTC explains that a Client-directed choice is likely to affect the result and the Client chooses to proceed, EBPTC cannot guarantee the aspect of the result affected by that choice.
A later reshoot required solely because the Client wishes to replace a result arising from that informed Client-directed choice may be separately chargeable.
11. WEATHER AND PHOTOGRAPHY LOCATIONS
Photography is often adaptable.
Where weather, light, access, venue conditions, crowds, privacy, safety, closures, building works, Client comfort or another practical circumstance affects the planned shoot, EBPTC may recommend adapting the route, location, timing, lighting or photographic approach where that can reasonably protect the intended result.
The shoot plan may be adapted within the agreed brief, including using already agreed alternatives or contingencies. Any practical change outside an agreed option or contingency will be discussed and agreed with the Client before it is made. Agreement may be verbal on the day.
Where the Booking includes a contingency date, that date may be used where reasonably appropriate.
An expressly agreed essential shot, location or other requirement will not be removed or replaced without the Client’s agreement. If something essential becomes unavailable for reasons outside either party’s reasonable control, the options may include an alternative, using the remaining time differently, or, on rare occasions, rescheduling the affected part of the Photography Services. Where this requires additional attendance, time or cost, any additional charge will be explained and agreed before the further work is booked.
Where the Client requests a change of location or additional location that materially affects travel, access, timing, permits, costs or the amount of photography reasonably achievable, any resulting change to the Booking will be agreed before the further work proceeds where reasonably practicable.
12. EDITING AND ADDITIONAL PHOTOGRAPHY WORK
The editing included in a Photography Booking is the editing described in the Booking and the standard work reasonably needed to deliver that package.
Materially more extensive editing may include work such as substantial object removal, compositing, significant alteration of clothing or appearance, complex reconstruction or unusually extensive retouching.
Editing requests made before the relevant editing has commenced may, where they fall within the agreed editing scope, be incorporated into the included work.
Where the Client requests a change after the relevant editing has commenced, and that change requires EBPTC to redo or materially change work already undertaken, the additional work may be chargeable and will be agreed before it is undertaken.
That additional work can be chargeable even if the same request would have been included had it been made before that stage of editing began.
This does not apply to work needed because EBPTC missed an agreed deliverable, failed to meet an expressly agreed requirement, did not use reasonable care and skill, or produced work materially unsuitable for an expressly stated intended use because of EBPTC’s performance.
If the Client and EBPTC disagree about whether work was included, the agreed scope will be checked against the Booking, quotation, brief and other information that forms part of the contract. Work within that scope is not an add-on; work outside it may be quoted separately.
Additional Final Images, specialist file preparation, substantial additional crops, design work or other work outside the agreed Booking may also be quoted separately.
13. PROOFS, SELECTIONS AND DELIVERY
Where the Booking provides for Client selection, EBPTC will supply a proof gallery or another agreed selection method.
Proofs and unselected photographs are working images rather than Final Images and are not licensed for publication or other use unless expressly agreed.
The Client should make selections and provide requested information, approvals and payments within any timeframe stated in the Booking.
Where delivery depends on a Client selection, approval, information or payment, a delay may change the delivery timetable.
If the Client provides what is needed later than agreed, the original delivery date may no longer be possible. The revised date may be more than the same number of days later if EBPTC’s other booked work means the original production window has been lost.
EBPTC will provide an updated expected delivery date once the effect of the delay can be assessed.
Final Images will be supplied in the format stated in the Booking.
RAW camera files are not supplied unless expressly agreed in writing and separately priced as an additional deliverable.
14. FILE RETENTION, CLIENT COPIES AND ARCHIVE SERVICES
EBPTC will take reasonable professional precautions when photographing, handling, backing up, editing and delivering commissioned photography.
Unless the Booking expressly includes a particular retention period, EBPTC does not guarantee that proofs, galleries, RAW files, layered working files or Final Images will remain available indefinitely after delivery.
The Client should download and retain suitable copies of delivered Final Images and observe any stated gallery expiry or download period.
If the Client requires longer-term retention, EBPTC may offer a separately priced archive or storage service. The agreed service may specify the files to be retained, the retention period, retrieval arrangements, particular storage or security requirements, and any storage, administration or retrieval charges.
The cost may vary according to the volume and type of files retained and the level of management or security required.
EBPTC will use reasonable professional care, backup and redundancy appropriate to the archive or storage service agreed, together with any expressly agreed safeguards.
No storage system can guarantee permanent preservation or uninterrupted availability. Even with reasonable backup and redundancy, files may still be lost or become inaccessible if multiple systems or locations fail, data is irrecoverably corrupted, or a major supplier, infrastructure, cyber or catastrophic event affects the archive.
15. LOST OR CORRUPTED PHOTOGRAPHY
If a material part of commissioned photography is irretrievably lost or corrupted before delivery despite reasonable professional precautions, EBPTC will take reasonable steps to put the problem right. Depending on what is practicable, this may include repeat photography, replacement work, a price reduction or a refund for the affected part.
16. PRINTS AND OTHER PHYSICAL PRODUCTS
Where a Booking includes prints, albums or other physical products, the specification, quantity and price will be stated in the Booking or subsequent agreed order.
Where products are created to an agreed specification, reasonable variations inherent in photographic printing, materials, screens and production processes are not by themselves defects.
Where the Client is a Consumer, applicable statutory rights concerning the quality, description and fitness of goods remain available.
If a personalised product is exempt from the normal cooling-off right, that does not affect the Client’s rights if the product is faulty, misdescribed or otherwise fails to meet legal standards.
17. PHOTOGRAPHY COPYRIGHT AND CLIENT LICENCE
Copyright in photographs remains with Elizabeth Biggs unless copyright is expressly assigned in writing and signed by EBPTC.
The Client receives the usage licence stated in the Booking once any payment condition attached to that licence has been met.
The Booking may permit business use, personal use or both.
Suppliers acting for the Client, such as printers, designers, web developers, marketing suppliers or artists, may handle the Final Images as reasonably necessary to carry out the Client’s authorised use unless the Booking states otherwise.
Those suppliers do not acquire an independent right to sell, license or exploit the underlying photographs for their own purposes.
18. CLIENT EDITING, DESIGN AND AI-ASSISTED USE
Unless the Booking provides otherwise, the Client may, within the authorised licence, crop or resize Final Images, add text or graphics, remove or replace backgrounds, incorporate photographs into layouts, make design adaptations, commission artwork derived from them and use editing or AI-assisted tools to adapt the photographs for the Client’s authorised purposes.
This permission does not allow the underlying photographs to be sold or licensed to an unrelated third party as that third party’s own photographic asset.
The Client must not intentionally provide EBPTC photographs for the purpose of training a general artificial-intelligence or machine-learning model without EBPTC’s written permission.
Where a photograph is materially altered after delivery and Elizabeth Biggs or EBPTC is credited, the credit should make clear that EBPTC created the original photograph rather than implying that EBPTC created or approved the altered version.
19. EBPTC PORTFOLIO, PROMOTIONAL AND COLLABORATIVE USE
Entering into a Photography Booking does not by itself grant EBPTC permission to use identifiable photographs of the Client or participants for EBPTC’s own portfolio, website, social media, advertising or promotional purposes.
Refusing optional promotional permission does not reduce the Photography Services purchased.
This is separate from any collaborative marketing or co-promotional activity expressly included in the Booking, such as a case study, Client feature, blog article, backlink, tagged or shared social-media collaboration, joint campaign or another agreed activity requiring Client participation or image use.
Where promotional permission is requested separately, the release itself will define the photographs, people, purposes, channels and uses covered. It may apply to all photographs from a session, selected photographs, Final Images, proofs, additional images prepared for the permitted purpose, or another clearly identified group of images.
EBPTC will use the photographs only within the permission granted by that release.
TRAINING & TEACHING BOOKINGS
20. TRAINING AND TEACHING
This section applies only where Training or Teaching is expressly included in the Booking.
The Booking will identify the agreed subject, audience, format, duration and, where relevant, any material outputs, participant resources, equipment, demonstration materials or facilities involved in delivering the Training or Teaching.
Equipment, tools, samples, demonstration materials or other items that EBPTC makes available for use during the Service remain EBPTC property unless the Booking expressly states that they are supplied for the Client or participants to keep.
Worksheets, PDFs, templates, booklets or other resources intended for the Client or participants to retain may be supplied subject to the usage rights set out in these Terms or the Booking.
EBPTC will provide the agreed Training or Teaching with reasonable care and skill.
Participants remain responsible for their own engagement, application and subsequent decisions.
Unless a particular result is expressly included in the Booking, EBPTC does not guarantee a particular learning, assessment, certification, qualification, employment, business or other subsequent outcome.
Where a Client organisation is responsible for the venue, participants, technology, access, safeguarding arrangements or other practical requirements, those responsibilities should be identified through the Booking or planning process.
21. TRAINING MATERIALS AND INTELLECTUAL PROPERTY
Unless the Booking states otherwise, EBPTC keeps any copyright and other intellectual-property rights it owns in its original training materials, presentations, frameworks, exercises, templates, books, booklets, illustrations, original stories, anecdotes, examples and written resources.
The Client and participants may use those materials for the purposes and audience identified in the Booking.
They must not reproduce, publish, sell, sublicense or distribute them beyond the agreed use, or use them to create a competing commercial product, without written permission from EBPTC.
Where a Booking expressly includes the creation of bespoke material for the Client’s continuing use or ownership, the Booking will state the licence or ownership rights being purchased. Any transfer of copyright ownership must be recorded in writing and signed by EBPTC. Pre-existing EBPTC materials, frameworks and intellectual property remain with EBPTC unless expressly transferred in writing.
Material created and supplied by the Client remains the Client’s. Where the Client and EBPTC create material together, or EBPTC creates commissioned material specifically for the Client, the Booking will identify the agreed ownership or usage rights.
Third-party copyright material remains subject to the rights of its owner and may only be copied or used where permitted by law, licence or permission.
CONSULTING, COACHING & ADVISORY BOOKINGS
22. CONSULTING, COACHING AND ADVISORY SERVICES
This section applies only where Consulting, Coaching or Advisory Services are expressly identified in the Booking.
The Booking will identify the agreed scope and intended purpose of the engagement.
EBPTC will provide the agreed Services with reasonable care and skill.
Advice, observations, options, strategic support and recommendations are provided to support the Client’s own judgement and decision-making.
Unless expressly agreed otherwise, the Client remains responsible for deciding whether and how to act on them and for the resulting business, commercial, operational or personal decisions.
No particular commercial, financial, marketing, personal or other result is guaranteed unless the Booking expressly provides for that result.
Unless the Booking expressly includes it and EBPTC is appropriately qualified or authorised to provide it, the Services do not include legal, medical, regulated financial or other regulated professional advice.
Where specialist advice is needed, the Client should obtain it from an appropriately qualified professional.
PAYMENT, CANCELLATION, PRIVACY & LEGAL TERMS — EVERY BOOKING
23. PAYMENT
The price, payment schedule and due dates are set out in the relevant Booking or invoice.
EBPTC may pause further work, editing or delivery while an agreed payment remains overdue, where doing so is reasonable in the circumstances.
For Photography, unless the Booking states otherwise, the final Client image licence begins once the total agreed fee relating to that work has been received in cleared funds.
Where a Business Client pays late, EBPTC retains any statutory rights to interest, compensation or reasonable recovery costs that apply.
24. CLIENT CANCELLATION AND RESCHEDULING
If the Client needs to cancel or change a date, the Client should contact EBPTC as soon as reasonably possible.
Where practical, EBPTC will take reasonable steps to reduce avoidable loss and may agree an alternative date.
Where sufficient notice is given, EBPTC may waive an additional charge for a first reasonable Client-requested reschedule.
If the Client asks to reschedule, a reasonable rebooking charge may apply if the change is late or repeated and causes a real loss, such as Booking-specific costs already incurred or reserved working time that can no longer reasonably be used for other work. Any charge will reflect the actual effect of the change and will be explained before a new date is confirmed where reasonably practicable.
A booking payment is not automatically non-refundable merely because a Booking is cancelled.
Where the Client cancels, any amount retained or additionally payable may reflect Services already supplied, costs already incurred for the Booking that cannot reasonably be recovered or avoided, and other loss caused by the cancellation that EBPTC cannot reasonably avoid.
Any amount due back to the Client will be refunded where required.
Rescheduling or moving the date of an existing Booking does not by itself create a new contract.
25. CONSUMER CANCELLATION RIGHTS
This section applies only where the Client is a Consumer and the Booking has a statutory 14-day cooling-off right.
Where this right applies, the 14-day period starts the day after the contract is made. The Client may cancel during that period without giving a reason.
STARTING SERVICES BEFORE THE 14-DAY PERIOD ENDS
If the Client wants EBPTC to start work before the 14-day cancellation period has ended, EBPTC will ask them to confirm in writing, for example in the Booking or by email, that they want the work to start early and that they understand the cancellation right will end if the Service is fully completed during those 14 days.
If the Client cancels after requested work has started but before the Service has been fully completed, the Client may need to pay for the part of the Service already supplied, calculated fairly against the total agreed price, where the law allows this.
If the Service is fully completed after that request and acknowledgement, the 14-day cancellation right ends on full completion.
CHANGING THE DATE
Rescheduling an existing Booking does not restart the 14-day cancellation period. If the original contract ends and a new Consumer contract is made, a new 14-day cancellation period may apply.
HOW TO CANCEL
The Client may use the form below or make any clear statement that they are cancelling. This may be sent by email or post.
If using post, EBPTC asks the Client, where practical, also to alert EBPTC promptly by email, phone, text or WhatsApp so work can be stopped and unnecessary costs avoided. This extra alert is helpful but is not required for a valid statutory cancellation.
Email: info@elizabethbiggs.co.uk
Post: Elizabeth Biggs Photography, Training & Consulting, 6 Hunter Street, Chester, Cheshire, CH1 2AR
Telephone: 07878 437843
REFUNDS
Any refund due under this section will be made no later than 14 days after EBPTC is informed of the cancellation. It will normally be returned using the same payment method, unless another method is agreed. If the Client asked EBPTC to start early, any refund will reflect the Services already supplied, in line with the applicable cancellation rules.
25A. OPTIONAL CONSUMER CANCELLATION FORM
To:
Elizabeth Biggs Photography, Training & Consulting
6 Hunter Street
Chester
Cheshire
CH1 2AR
info@elizabethbiggs.co.uk
I/We hereby give notice that I/We cancel my/our contract for the provision of the following Service:
Ordered on:
Name of Consumer(s):
Address of Consumer(s):
Signature of Consumer(s), only if this form is notified on paper:
Date:
Use of this form is optional. Any clear statement of cancellation is sufficient.
26. CHANGES TO AN EXISTING BOOKING
A material change to an existing Booking must be agreed between EBPTC and the Client.
The Terms applying to a Booking are the version incorporated when that contract is made, together with any later change expressly agreed for that Booking.
EBPTC may update these Terms for future Bookings. Updating the published Terms does not change an existing contract unless the parties agree the change.
27. PRIVACY AND PERSONAL INFORMATION
EBPTC handles personal information in accordance with its Privacy & Cookies Policy at:
elizabethbiggs.co.uk/privacy-and-cookies-policy
The Policy explains how personal information may be collected, used, stored and shared in connection with EBPTC Services, including through local systems, cloud services, software, AI-assisted tools and other service providers.
Where a Booking involves personal information controlled by another organisation, the parties will also follow any applicable agreed data-processing, confidentiality or access arrangements.
28. RECORDING AND TRANSCRIPTION
Where EBPTC proposes to make an audio or video recording, or create a transcript, of a meeting, consultation, training session, workshop, photography session or another part of the Services, EBPTC will explain why it is being made and how it will be used before it begins.
This may be for EBPTC’s internal working purposes, such as transcription, note-making or checking the agreed brief or requirements, or it may form part of an agreed Client deliverable, such as a replay, workshop recording or behind-the-scenes footage.
Where a recording or footage is intended for publication, promotional use or wider sharing, the intended use will be covered by the Booking, relevant event or participant information, or separate permission where appropriate. More specific permission may be requested for featured, testimonial or other uses where individual agreement is appropriate.
EBPTC will ask permission, or confirm the agreed participant recording arrangements, before recording begins. Where practical, agreement will also be confirmed at the start of the recording.
Recordings and transcripts will be handled in accordance with the EBPTC Privacy & Cookies Policy and any agreed confidentiality or security requirements.
Recordings and transcripts will be kept only for as long as reasonably required for the stated purpose, the Booking or another applicable legal or record-keeping requirement.
A recording, transcript or EBPTC’s internal working notes are not Client deliverables unless the Booking states otherwise.
29. CONFIDENTIALITY AND ENHANCED SECURITY REQUIREMENTS
Each party will take reasonable care with confidential information received from the other in connection with a Booking.
Confidential information may be shared where reasonably necessary to provide the Services, with appropriately engaged suppliers or professional advisers, or where disclosure is required by law.
Confidential information does not include information that is already lawfully public, was already lawfully known to the receiving party, or is created independently without using the other party’s confidential information.
EBPTC may use general professional skills, experience and learning gained through its work, provided this does not disclose the Client’s confidential information or personal data.
If the Client requires confidentiality, security, storage, access, encryption or other safeguards beyond EBPTC’s standard working methods, those requirements and any additional costs should be agreed before the affected work begins where possible.
The Booking may specify access restrictions, storage locations, encryption, retention or deletion periods, Client approvals or sign-offs, or other agreed safeguards.
30. THIRD-PARTY VENUES, PLATFORMS, SUPPLIERS AND COSTS
A Booking may depend on third-party venues, permits, print laboratories, couriers, gallery providers, software platforms or other suppliers.
Their availability, rules or service may affect how the Booking can be delivered.
Where EBPTC engages a supplier as part of providing the agreed Service, EBPTC remains responsible for EBPTC’s own contractual obligations to the Client.
EBPTC will not commit the Client to a significant additional third-party cost that is not already included in the agreed price without the Client’s agreement.
31. REASONABLE CARE, PROBLEMS AND REMEDIES
EBPTC will provide the Services with reasonable care and skill.
If there is a problem with how the agreed Services have been provided, the remedy will depend on the problem and may include correcting the work, repeating part of the Service, repeat photography, replacement delivery, a price reduction or a refund for the affected part.
Consumers also keep any statutory right to repeat performance, a price reduction or another applicable remedy.
32. LIABILITY
EBPTC is responsible for loss or damage caused by EBPTC’s breach of contract or negligence where that loss or damage was reasonably foreseeable.
EBPTC is not responsible for loss to the extent that it is caused by inaccurate or incomplete information supplied by the Client, a Client-directed decision made after a relevant warning, a problem within the Client’s control that EBPTC identified and the Client did not correct, or circumstances outside EBPTC’s reasonable control.
For Business Clients, EBPTC will not be responsible for indirect or consequential loss, or for loss of profit, revenue, business opportunity, goodwill or anticipated savings, to the extent that the exclusion is lawful and reasonable in the circumstances.
For a Business Booking, any agreed liability cap or other additional liability limit must be stated expressly in that Booking.
All statutory Consumer rights remain in place.
EBPTC does not limit any liability that the law does not allow to be limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
33. COMPLAINTS
If there is a problem with the Services, the Client should contact EBPTC promptly at info@elizabethbiggs.co.uk so that EBPTC has a reasonable opportunity to understand and resolve the issue.
A complaint concerning personal-information handling will also be dealt with in accordance with the relevant information in the Privacy & Cookies Policy.
34. IF PART OF THESE TERMS CANNOT BE ENFORCED
If any part of these Terms is unlawful or unenforceable, the rest will continue to apply so far as the law allows.
35. THIRD-PARTY RIGHTS
Unless a Booking or licence expressly says otherwise, only EBPTC and the Client may enforce the Booking.
Another person or supplier may still exercise any permission expressly granted to them under a Client licence or another agreement.
36. GOVERNING LAW AND JURISDICTION
These Terms and any Booking incorporating them are governed by the law of England and Wales.
For Business Clients, the courts of England and Wales have exclusive jurisdiction.
If the Client is a Consumer living elsewhere in the United Kingdom, this clause does not remove any right the law gives the Client to bring proceedings in the courts where they live.
Elizabeth Biggs Photography, Training & Consulting
operated by Elizabeth Biggs
6 Hunter Street, Chester, Cheshire, CH1 2AR
info@elizabethbiggs.co.uk
07878 437843
elizabethbiggs.co.uk