Terms & Conditions

1. Acceptance of Terms

By accessing or using our Services, you confirm that:

• You have read, understood, and agree to be bound by these Terms
• You are at least 16 years of age, or if you are under 16, you have permission from your parent or legal guardian
• You have the legal capacity to enter into a binding agreement
• You will use our Services in accordance with these Terms

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

2. Services Description

Layered Rate provides professional photography services and related products, including but not limited to:

• Portrait photography (individual, family, corporate)
• Event photography (weddings, corporate events, special occasions)
• Commercial photography (product, real estate, advertising)
• Digital image delivery and physical prints
• Photography blog content and resources

Specific details about our Services, including pricing, deliverables, and timelines, will be outlined in individual service agreements or contracts where applicable.

3. Website Use

3.1 Account Registration

Some portions of our website may require you to create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Prohibited Activities

When using our website, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Attempt to gain unauthorized access to any part of our Services
• Interfere with or disrupt the operation of our Services
• Transmit any viruses, malware, or other harmful code
• Collect or harvest data about other users
• Use our Services for any illegal or unauthorized purpose
• Post or transmit any content that is unlawful, offensive, or inappropriate

3.3 Content Submission

If you submit any content to our website (such as comments, reviews, or testimonials), you:

• Grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content
• Represent and warrant that you own or have the necessary rights to the content
• Confirm the content does not violate any third-party rights or applicable laws

We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason.

4. Photography Services

4.1 Booking and Cancellations

When you book our photography services:

• A deposit (typically 30%) is required to secure your booking date
• The full balance is due as specified in your service agreement (usually prior to the event/session)
• Cancellations must be made in writing
• Deposits are non-refundable unless specified otherwise in your service agreement
• Rescheduling may be possible subject to availability and may incur additional fees

4.2 Photography Sessions

For photography sessions, you agree to:

• Arrive on time for scheduled appointments
• Follow the photographer's directions and guidance
• Secure any necessary permits or permissions for shooting locations
• Inform us of any specific requirements or preferences before the session

4.3 Delivery and Expectations

Regarding our deliverables:

• We will deliver images within the timeframe specified in your service agreement
• The number of final images will be as specified in your service agreement
• We reserve the right to determine which images to deliver based on our professional judgment
• Minor delays may occur due to circumstances beyond our control
• Images are delivered in the format specified in your service agreement

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, videos, and software, is owned by Layered Rate or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our explicit written permission.

5.2 Photography Copyright

Regarding photographs we create:

• Layered Rate retains copyright ownership of all images we create
• You are granted a license to use the images as specified in your service agreement
• Unauthorized reproduction, distribution, or public display of our photographs is prohibited
• Images may not be edited, altered, or modified without our permission
• Commercial use of images requires explicit written permission unless specified in your service agreement

5.3 Model Release

By engaging our services, you grant us permission to:

• Use images containing your likeness for our portfolio, social media, and marketing purposes
• Submit images to competitions, publications, or exhibitions

If you wish to restrict the use of your images, you must inform us in writing before your photography session.

6. Limitation of Liability

6.1 Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the operation or availability of our Services.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement

6.2 Limitation of Liability

To the maximum extent permitted by law, Layered Rate and our directors, employees, and agents will not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from interruption of service or access delays
• Any loss arising from your use or inability to use our Services

In any case, our total liability to you for all damages shall not exceed the amount paid by you to us for the Services giving rise to the claim.

6.3 Photography-Specific Limitations

For photography services, we will not be liable for:

• Unfavorable weather conditions affecting outdoor sessions
• Uncooperative subjects during photography sessions
• Technical failures beyond our control
• Missed photo opportunities during events
• Personal dissatisfaction with styling, appearance, or artistic interpretation

While we take the utmost care with all photography assignments, we recommend that clients arrange separate insurance for important events.

7. Indemnification

You agree to indemnify, defend, and hold harmless Layered Rate and our directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your misuse of our Services
• Any content you submit to our website
• Any actions taken with your account

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

8. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Layered Rate. We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of any third-party websites or services
• Any damage or loss caused by your use of or reliance on 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 or use.

9. Modifications to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date at the top of these Terms

Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Services.

For material changes that significantly affect your rights and obligations, we may provide additional notice via email or prominent announcement on our website.

10. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Engaging in prohibited activities
• At our sole discretion for any reason

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. 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 from or relating to these Terms or our Services shall be resolved as follows:

1. We encourage you to contact us first to try to resolve the dispute amicably
2. If the dispute cannot be resolved through direct discussions, it shall be submitted to mediation in accordance with the rules of the Centre for Effective Dispute Resolution (CEDR)
3. If mediation is unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the courts of the United Kingdom

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

12. General Provisions

12.1 Entire Agreement

These Terms constitute the entire agreement between you and Layered Rate regarding our Services and supersede all prior agreements and understandings, whether written or oral.

12.2 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, and the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

12.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

12.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government actions, labor disputes, or Internet service disruptions.

13. Contact Information

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