Terms and Conditions

Last Updated: May 15, 2023

Welcome to Pond Harbor. These Terms and Conditions ("Terms") govern your use of our website located at pondharbor.sbs ("Site") and our photography services (collectively, our "Services").

Please read these Terms carefully before using our Site or booking our Services. By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Use of the Website

1.1 Eligibility

You must be at least 18 years old to use our Services or book photography sessions. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.

1.2 Account Registration

Some features of our Site may require you to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Prohibited Conduct

You agree not to:

• Use the Site or Services in any way that violates any applicable law or regulation
• Use the Site to send unauthorized advertising or promotional material
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
• Upload or transmit viruses, malware, or other types of malicious software
• Use any robot, spider, crawler, scraper, or other automated means to access the Site
• Bypass measures we may use to prevent or restrict access to the Site
• Interfere with or disrupt the Site or servers or networks connected to the Site
• Collect or harvest any personally identifiable information from the Site
• Impersonate or attempt to impersonate Pond Harbor, a Pond Harbor employee, another user, or any other person or entity

2. Photography Services

2.1 Booking and Appointments

When you book a photography session with us, you agree to:

• Provide accurate and complete information about the requested services
• Pay the agreed-upon fees in accordance with our payment terms
• Arrive at the scheduled time and location for the photography session
• Inform us of any cancellations or rescheduling requests in accordance with our cancellation policy

2.2 Cancellation Policy

Our cancellation policy is as follows:

• Cancellations made 14 or more days before the scheduled session: Full refund of deposit minus a £50 administrative fee
• Cancellations made 7-13 days before the scheduled session: 50% refund of deposit
• Cancellations made less than 7 days before the scheduled session: No refund of deposit

We reserve the right to reschedule sessions due to illness, inclement weather, or other circumstances beyond our control. In such cases, we will work with you to find a suitable alternative date.

2.3 Payment Terms

Unless otherwise agreed in writing:

• A non-refundable deposit of 50% of the total session fee is required to secure your booking
• The remaining balance is due on or before the day of the photography session
• For weddings and large events, the remaining balance is due 14 days before the event date
• For commercial projects, payment terms will be specified in the project contract

We accept payment via credit/debit card, bank transfer, and PayPal. Late payments may incur additional fees.

2.4 Delivery of Images

After your photography session:

• We will provide a selection of proofs for you to review within the timeframe specified in your service agreement (typically 2-3 weeks for standard sessions, 4-6 weeks for weddings)
• You will have the opportunity to select images for editing according to your package
• Final edited images will be delivered within the timeframe specified in your service agreement
• Images will be delivered via digital download unless otherwise specified
• Physical products (prints, albums, etc.) typically require 2-4 weeks for production after approval

We make every effort to deliver images within the stated timeframes, but delivery times may vary during peak seasons.

3. Intellectual Property Rights

3.1 Our Intellectual Property

The Site and its original content, features, and functionality are owned by Pond Harbor and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our intellectual property without our express written consent.

3.2 Photography Copyright

In accordance with UK copyright law and international copyright conventions:

• Pond Harbor retains copyright ownership of all images created during photography sessions
• When you purchase photography services, you are purchasing a license to use the images as specified in your service agreement, not the copyright to the images
• The specific usage rights granted to you will depend on the package or license you purchase
• Unless explicitly stated in writing, you may not sell, publish, or commercially distribute any images

3.3 Personal Use License

Unless otherwise specified in writing, clients are granted a personal use license which permits:

• Sharing images on personal social media accounts with credit to Pond Harbor
• Creating personal prints and products for non-commercial use
• Displaying images in your home or personal office

This license does not include the right to edit, alter, or modify the images (including applying filters on social media).

3.4 Commercial Use

Commercial use of images requires a specific commercial license. Commercial use includes but is not limited to:

• Using images to promote a business or service
• Using images on commercial websites, marketing materials, or advertisements
• Using images on products for sale
• Using images in publications that generate revenue

Commercial licenses are customized based on the specific usage requirements. Please contact us for commercial licensing information.

4. Model Release and Image Usage

4.1 Model Release

By booking our Services, you grant Pond Harbor the right to use images in which you appear for portfolio, promotional, editorial, competition, and educational purposes. This includes but is not limited to:

• Display on our website and social media accounts
• Use in marketing materials and advertisements
• Submission to photography competitions and publications
• Display in our studio or at industry events

If you wish to restrict the use of your images, you must provide written notice before your photography session.

4.2 Client Image Usage

When sharing images on social media or other platforms, clients agree to:

• Provide credit to "Pond Harbor" when possible
• Not edit, filter, or alter the images without permission
• Not remove watermarks or copyright notices
• Not claim ownership or authorship of the images

5. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and protect your personal information. By using our Site or Services, you consent to our collection and use of your information as described in our Privacy Policy.

6. Payment Processing and Security

We use industry-standard payment processors to handle financial transactions. While we take reasonable measures to ensure the security of your payment information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You agree to provide accurate and complete payment information and to update such information as necessary.

7. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pond Harbor MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pond Harbor SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• ANY CONTENT OBTAINED FROM THE SITE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.

9. Force Majeure

Pond Harbor will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to:

• Natural disasters or extreme weather conditions
• Epidemics or pandemics
• Terrorist attacks, war, invasion, or other hostilities
• Government actions or restrictions
• Fire, explosion, or accident
• Equipment failure or technical issues beyond our control
• Labor disputes or strikes

In such circumstances, we will notify you as soon as possible and work with you to reschedule services or provide alternative solutions.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pond Harbor, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms.

11. Termination

We reserve the right to terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site and Services will immediately cease.

12. Governing Law and Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following process:

1. Informal Negotiation: We will attempt to resolve any disputes through informal, good faith negotiations.
2. Mediation: If the dispute cannot be resolved through negotiation, either party may initiate mediation conducted by a mutually agreed upon mediator.
3. Arbitration or Litigation: If mediation is unsuccessful, the dispute will be resolved through binding arbitration or litigation in the courts of the United Kingdom.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on the Site, shall constitute the entire agreement between you and Pond Harbor concerning the Site and Services.

15. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent will be null and void. We may freely assign or transfer these Terms without restriction.

16. Contact Information