1. Price

1.1 All prices are quoted in United Arab Emirates Dirhams.

1.2 All prices are subject to 5% VAT in line with United Arab Emirate law.

1.3 Prices are non-negotiable and all prices quoted for services or cost of the shoot must be paid and cleared at least 3 working days* prior to the shoot day. Failure to pre-pay within this timescale will result in the timeslot being removed from the Client and the shoot will be cancelled without notice. If a deposit has been paid in this instance then the Client** will forfeit this amount.

1.4 All prices quoted and used on promotional material may be increased by Stu Williamson Photography without prior notice. Notice will be provided to confirm Client bookings, or if any alteration to the specification or the services is made at the request of the Client to the extent that such alteration would have given rise to an increase in the quoted Contract*** price had it been allowed for.

1.5 Shoot fee refers only to the cost of the photographer’s time. This does not include any other service, product or images unless otherwise clearly stated as part of a special package or offer.

1.6 Any credit offered as part of a promotion or price structure may only be used on Stu Williamson Photography products and cannot be exchanged or refunded for cash.

1.7 Any credit offered must be used within three (3) months from the shoot date. Credit will expire after this time.

2. Gift Vouchers

2.1 Gift vouchers purchased are only inclusive of the shoot fee unless clearly stated otherwise.

2.2 Vouchers purchased for Studio shoots can only be used at the Studio. Likewise, vouchers purchased for location shoots can only be used outside of the Studio****.

2.3 Vouchers cannot be used in conjunction with any other offer.

2.4 Voucher bookings require a deposit of 200aed which will be fully refunded on the day of the shoot should the Client be on time. Any cancellations within 24 hours will result in forfeit of the 200aed deposit.

2.5 Any expiry date on vouchers will be strictly adhered to. If the voucher has expired then no special dispensation will be offered, this includes refunds, credit or re-arrangement of a shoot.

2.6 Dates and times of shoots will be agreed between the Client and Stu Williamson Photography. Stu Williamson Photography will make every effort to accommodate the ideal date and time for the Client, however no guarantee can be made on availability during preferred times. Alternative dates and times will be offered should this be the case. The Client has no right to a refund or credit should their preferred date and time not be available.

2.7 Gift vouchers can only be exchanged at Stu Williamson Photography for photographic services and/or products described in the voucher and relating to photographs created by Stu Williamson Photography.

2.8 All vouchers purchased are non-refundable and no credit will be offered.

2.9 Only the original voucher will be accepted, no photocopies or prints will be accepted.

2.10 Damaged vouchers may not be accepted, especially if the damage is to areas that denominate when the expiry of the voucher is, how much the voucher is worth or what the voucher offers.

2.11 Vouchers can only be used once and cannot be exchanged or refunded for cash.

2.12 It is within the rights of Stu Williamson Photography to demand details of the original purchase of the voucher. This may come in the form of a receipt, name of purchaser or credit card details used to make payment. Failure to produce this information, in some cases, may result in the voucher being refused.

3. Basis of Contract

3.1 Any order, booking, offer or purchase by the Client with Stu Williamson Photography constitutes an agreement to the Terms and Conditions stated in this document.

3.2 These Terms and Conditions constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Stu Williamson Photography which is not set out in these Terms and Conditions.

3.3 Any samples, drawings, descriptive matter or advertising on Stu Williamson Photography’s website, and any descriptions or illustrations contained in Stu Williamson Photography’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Studio described in them. They shall not form part of the Contract or have any Contractual force.

3.4 These conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.5 Any estimate given by Stu Williamson Photography shall not constitute an offer, and shall instead be deemed to be an invitation for an offer from Stu Williamson Photography. All offers from Stu Williamson Photography can be withdrawn any time up until the agreed work will start. Should Stu Williamson Photography withdraw an offer after payment has been received then the fee will be returned to the Client in full with no penalty or interest.

3.6 Stu Williamson Photography make every effort to ensure that the Client understands what product or service they are purchasing in its entirety. A Client paying for a service or product constitutes the agreement that they are fully aware of what they are purchasing. No refunds or credit shall be offered should a Client, post-payment, feel they misunderstood what they were purchasing.

3.7 Owing to Stu Williamson Photography processing techniques and software differentials it may not be possible to match exactly all colours as seen to the human eye. Stu Williamson Photography will endeavour to match as close as possible but will not be liable for differences beyond our control.

3.8 Stu Williamson Photography retains the right to use an ‘opt-out’ policy whereby all content created (photos or video) can be used by Stu Williamson Photography for marketing and promotion purposes, and consent is automatically given by the Client when services are utilised. However, the Client can opt-out and consent can be withdrawn at any time but is required in writing. (Clause 3.8 may not apply to Schools contracted to Stu Williamson Photography and schools are requested to refer to their contract or account manager for further information).

4. Delivery and Payment Policy

4.1 All products and services provided by Stu Williamson Photography must be paid in full prior to receiving the purchased product or service. There is no exception to this.

4.2 A payment is considered received by Stu Williamson Photography only when cash has been given, card or cheque funds have cleared in to company accounts.

4.3 Clients will be notified when finished products are ready to collect from either our Studio on the Palm or our production facility in Al Quoz. We endeavour to keep to a tight schedule making a quick turnaround time, however as each order is bespoke, times may vary.

4.4 As production times may vary, Stu Williamson Photography cannot be held accountable for any delays in orders being completed, regardless of if a date and time has previously been agreed.

4.5 Delivery is available at an extra charge of 50aed in Dubai. For other Emirates or international delivery quotes for delivery will be available on request.

4.6 Stu Williamson Photography accepts cash, cheque, debit or credit card as valid payments.

4.7 Should a Client fall into arrears with Stu Williamson Photography for whatever reason then an interest charge of 4% will be added to the debt, accrued daily.

5. Cancellation & Refund Terms

5.1 Stu Williamson Photography reserves the right to cancel a booking if the Client is not punctual and or they have not adhered to health and safety instructions and or if they are at fault for damaging equipment or furniture and or fixtures and fittings within the Studio. The Client may be liable to Stu Williamson Photography for the full cost of the session plus damages and loss of earnings.

5.2 The Client and Stu Williamson Photography will agree a set time that the shoot should start or finish. Any delays, lateness or slowness caused by the Client or any factor outside of Stu Williamson Photography’s control or realms of responsibility will result in less time for the photographer to shoot. It is at the management’s discretion whether or not an extension will be issued but is by no means a responsibility of the management and are within their rights to end the shoot at the pre-agreed finish time. Stu Williamson Photography reserves the right to charge for any additional time outside of the paid slot.

5.3 Any costume or clothes changes comes out of the agreed shoot time and no extension will be granted for the Client taking time to do this. It is up to the Client, with advice from Stu Williamson Photography, to allow and pay for the correct amount of time for these changes when pre-booking.

5.4 Any additional services booked such as make-up artists or stylists booked by Stu Williamson Photography on behalf of the Client will be fully recoverable and compensated by the Client should any cancellations or postponements be made.

5.5 Clients will be invited to a private viewing of their images at an agreed date and time. Should the Client wish to cancel the viewing without giving at least 24 hours’ notice then they will pay a cancellation fee of 100aed, which may be deducted from the framing credit as part of any packages.

5.6 Cancellation of a photo session or viewing can be done once with a notice period of 24 hours in advance with a 100aed penalty fee. Deposit or payment of session will not be refunded after 2 cancellations and Stu Williamson Photography reserves the right to charge the Client for any further costs incurred as a result of the cancellation up to a total of 5,000aed.

5.7 Photography is a subjective art, therefore sometimes what the photographer may see as beautiful pictures, the Client may dislike. Stu Williamson Photography will consult with the Client on shoot day as to what type of effects and images they would like. It is important that the Client is as specific as possible to ensure that the photographer fully interprets the brief. No refunds will be given should the Client not like the images, due to subjectivity, as the shoot fee is for the photographers time whether the images are to the Clients taste or not. On occasion the Manager may offer a discretionary reshoot but is not under obligation to do so.

5.8 If a Client is not happy with any part of the process then they must make a formal complaint in writing within three (3) working days of the shoot. All complaints will be fully investigated and a resolution will always be sought between both parties. Any complaints made after this time may not be considered by management and the Client forfeits any right to resolution.

6. Studio Hire

6.1 The Studio shall be available for hire from 10am to 6pm unless otherwise agreed in advance with Stu Williamson Photography in writing, such use to be subject to such additional charges at Stu Williamson Photography’s overtime rate in force from time to time (and available on request).

6.2 Stu Williamson Photography accepts no responsibility for any loss or damage occasioned to the Client’s property or that used by the Client during the hire period. It is the Client’s responsibility to keep the Studio secure during the hire period.

6.3 The Client is responsible for any loss or damage occasioned to the Studio, equipment or any other property used or in possession of by the Client during the hire period and shall, at its own expense, obtain and maintain during the hire period appropriate insurance cover including against theft or accident, personal injury and any third party or public liability risks or loss of whatever nature and however arising in connection with the use of the Studio and the equipment and such other cover as may be required by law or as Stu Williamson Photography may from time to time consider reasonably necessary and advise to the Client.

6.4 It is the Client’s responsibility to leave the Studio clear and in the same condition as at the outset of the hire. Any loss or costs incurred by Stu Williamson Photography as a result of the Client’s failure to do so will be charged to the Client. Until the Studio is cleared and returned to its original condition, it shall be deemed as on hire and the Client will be charged for this time.

6.5 All equipment and property of the Client and any rubbish must be removed by the end of the hire period. Any items left in the Studio without specific arrangement with Stu Williamson Photography may be disposed of by Stu Williamson Photography in its discretion and the Client will be charged for its disposal.

6.6 The Client must not alter any permanent fixture in the Studio. This includes the painting of walls, adhesive to surfaces or removal of décor that is deemed a permanent fixture.

6.7 Any marks, spillages or damage caused by the Client to the Studio or other communal areas during the hire period shall be remedied by the Client before the end of the hire period, failing which Stu Williamson Photography reserves the right to charge for the cost of any repair/remedial work including, if necessary, a full repaint of the Studio.

6.8 Should the Studio be out action for any time as a result of damage or repair work needed because of the Client, then the Client will be chargeable for any loss of earnings up to 20,000aed per day.

6.9 No food or drink is to be brought into the Studio that is of wooden floors. These can be consumed in the entrance area or changing room only. The Studio wooden flooring is white washed and unvarnished, therefore the slightest spillage will cause damage and will be chargeable to the Client.

6.10 The Client shall be entitled during the hire period to share the use the communal areas such as the reception foyer, the changing room, storage areas and the viewing room when available but does not have sole use of these spaces. The Client shall ensure that such areas are used respectfully and left clean and tidy after use. The Client will be liable and charged for the costs of cleaning, replacing or repairing any damage resulting from any misuse, damage or neglect of these areas.

6.11 Any items missing from the Studio will be chargeable to the Client, this includes equipment, furnishing, consumables, keys or any other property of Stu Williamson Photography or Fairmont, the Palm.

6.12 Should for whatever reason the Studio be out of commission during the agreed hire period, Stu Williamson Photography will fully refund the original amount paid by the Client. Stu Williamson Photography will not be liable for any claims for consequential losses howsoever caused.

6.13 The Client must not sub-Contract out a rental agreement to another party during the rental period. If the Client breaks this term then they will pay a 10,000aed fee.

7. Limitation of Liability

7.1 Stu Williamson Photography shall in no way be liable for personal injury or death caused during the agreed hire period of the Studio. The Client is responsible for everything that happens in the Studio during this time and must have relevant insurances to cover every eventuality.

7.2 Stu Williamson Photography has no responsibility or liability to the Clients serviced by the hirer during the rental period. This must be made clear to all parties prior to the shoot. Any reputational damage caused by the hirer to Stu Williamson Photography as a result of the work carried out during the rental period will incur compensation to Stu Williamson Photography, as deemed reasonable by Stu Williamson Photography.

7.3 Stu Williamson Photography shall under no circumstances whatever be liable to the Client, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings; loss of business opportunity; loss of goodwill, loss or corruption of data, losses, damages and/or expenses suffered or incurred in connection with or arising out of any reputational damage, or any indirect or consequential loss arising under or in connection with the Contract.

8. Intellectual Property

8.1 The photographs, digital negatives, prints, video, edits and post production produced by Stu Williamson Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Stu Williamson Photography’s explicit written permission. Any evidence found to be in breach will be chargeable at 5,000aed per image.

8.2 All images taken are property of Stu Williamson Photography. Images purchased by the Client, either by print or electronically, are individual copies of the image and do not give the Client any claim to rights on the image. All images remain the full property of Stu Williamson Photography under all circumstances, unless explicitly agreed in writing between both parties to purchase the rights to the image(s).

8.3 The Client agrees that Stu Williamson Photography may use any images or videos taken during the session for any promotional, marketing, or advertising purposes, including but not limited to, website displays, social media, brochures, and advertisements, without further notice or compensation to the Client.

8.4 The Client may request in writing for images not to be displayed in any future materials, Stu Williamson Photography will always abide by this written request, however will not be able to remove any images that have been used previous to the date of request.

8.5 Stu Williamson Photography will never allow third party access of images for any activity not associated with the Client or Stu Williamson Photography.

8.6 Stu Williamson Photography invests heavily in the security and protection our images, should this be breached by a third party unlawfully then Stu Williamson Photography shall not be liable for damage suffered to the Client through no fault of their own.

8.7 Stu Williamson Photography hold on to images for up to 2 years after the shoot (in some cases more). This is not binding and Stu Williamson Photography cannot be held responsible for images deleted or lost earlier than this period. Storing of imagery is an expensive process and Clients are advised to order images in a timely manner to*avoid any deletion or loss of imagery due to malfunctions. Stu Williamson retains the rights to all images and therefore can delete as they see fit at any time.

8.8 All information retained regarding the Client will never be passed on to a third party for promotional or marketing purposes. However, on occasion, Stu Williamson may contact the Client with special offers, newsletters or promotions linked directly with Stu Williamson Photography. This can be opted out of by simply clicking the ‘unsubscribe’ button at the bottom of the email. Please be aware that this automated process can take up to approximately 14 working days to fully delete from the database.

8.9 Any images supplied and/or used by the Client are on the understanding that they are to be used for personal/private means. Any images used for commercial reasons (including but not limited to on social media), require a signed and stamped Commercial Licensing Agreement.

9. Health and Safety Policy

9.1 Stu Williamson Photography take every reasonable effort to ensure the premises and equipment is deemed as suitable and safe for all users at all times. By entering the Studio, you automatically agree that that the Studio is in an acceptably safe state and is fit for purpose.

9.2 The Client is fully responsible for their own action(s), 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, and Clients dependents, action shall be the responsibility of the Client to pay or rectify as agreed with Stu Williamson Photography.

9.3 Any persons under 16 years of age must be accompanied by an adult at all times.

9.4 Stu Williamson Photography do not take any responsibility for any loss or damage to any personal belongings within or outside the Studio. Stu Williamson Photography sessions can involve some physical activity, which is undertaken at your own risk.

9.5 Stu Williamson Photography takes no responsibility or liability for any medical condition that is triggered by flash photography or any other piece of equipment used as part of the process. It is the Client’s responsibility to ensure they are medically fit to take part in a shoot.

9.6 Stu Williamson Photography strive to ensure our Clients are looked after, this includes the provision of hot and cold drinks and snacks. These provisions are accepted by the Client of their own free will and any accident, allergic reaction or damage caused by these are entirely the responsibility of the Client. Stu Williamson Photography accepts no responsibility for any consequence of the acceptance of these provisions.

10. Termination

10.1 Without limiting its other rights or remedies, Stu Williamson Photography may terminate the Contract with immediate effect by given written notice to the Client if:

10.1.1 the Client commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within three (3) days of the Client being notified in writing to do so;

10.1.2 Stu Williamson Photography becomes aware of any alteration in the Client’s financial situation which, in the reasonable opinion of Stu Williamson Photography, might lead to the Client being unable to meet its financial obligations to Stu Williamson Photography, including but not limited to the payment of any charges; and

10.1.3 the Client fails to pay any amount due under this Contract on the due date for payment and fails to pay all outstanding amounts within three (3) days prior to the shoot date.

10.1.4 Stu Williamson Photography becomes aware of any abusive/aggressive/rude behaviour towards any member of the Stu Williamson Photography team. This includes any slanderous language or posts on social media sites or verbally made to other people.

10.2 Stu Williamson Photography do not accept any forms of discrimination. This includes comments, questions on members of staff or any other forms of communicating discrimination based on race, gender or ethnicity. Stu Williamson Photography will terminate the Contract immediately if this occurs and refund the fee for any service or product that hasn’t been shot or produced yet.

 

11. Cancellation Charges

11.1 In the event that a Client wishes to cancel a shoot within 72 hours prior to the shoot time then the Client will be liable for 100% of the shoot fee with no compensation, credit or refund.

11.2 In the event that a Client wishes to cancel a shoot outside of 72 hours prior to the shoot then Stu Williamson Photography will offer 100% credit only to be used within three (3) calendar months.

12.3 Hours of notice are calculated based on working days excluding weekends and public holidays.

12. Additional Charges

12.1 Stu Williamson Photography reserves the right to charge the Client for additional items used or booked which are agreed by Stu Williamson Photography and which are not included in the standard charges.

12.2 The use of any specialist lighting or equipment as requested by the Client and agreed to by Stu Williamson Photography will be charged to the Client even if not used.

13. Force Majeure

13.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of Stu Williamson Photography including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Stu Williamson Photography or any other party), failure of a utility service or transport network, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, weather or default of suppliers or subcontractors.

13.2 Stu Williamson Photography shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

13.3 If the Force Majeure Event prevents Stu Williamson Photography from providing the Studio for more than 2 weeks, Stu Williamson Photography shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.

14. Indemnity

The Client agrees to indemnify and hold harmless Stu Williamson Photography against any claims, damages, or liabilities arising from the use of the images as agreed upon in these Terms and Conditions

* Monday to Friday exclusive of UAE National holidays
**Client is any customer who forms a verbal or written agreement of work with Stu Williamson Photography
***Contract refers to an agreement of work either verbally or written with Stu Williamson Photography
****Studio refers to either the physical Studio in Al Quoz, or any location where an agreed photoshoot will take place