1. Introduction
These Terms and Conditions ("Agreement") govern the provision of illustration services ("Service") provided by Aspris Media Ltd ("Artist", "we", "us", or "our") to the client ("Client", "you", or "your"). By booking our services, you agree to comply with and be bound by the terms outlined in this Agreement.
2. Booking and Payment
2.1 Booking Confirmation: If the date of booking occurs more than 30 days before the event date, a non-refundable deposit of £100 is required to confirm your booking and the remaining balance is due 30 days before the event date. If the date of booking occurs on or after 30 days before the event date, the full non-refundable fee will be due.
2.2 Payment Methods: We accept payments via bank transfer or debit card.
2.3 Late Payments: If payment is not received by the due date, we reserve the right to cancel the booking and retain the deposit.
3. Services Provided
3.1 Service Description: The Artist will provide illustration services during the event, creating illustrations of guests upon request. Each illustration typically takes around 3 minutes to complete.
3.2 Service Duration: The service will be available for the number of hours described in the chosen service package agreed upon booking and on the day of the event.
3.3 Number of Illustrations: The number of guests illustrated will depend on the time available and the complexity of the illustrations requested. We do not guarantee that all guests will be illustrated.
4. Artist Requirements
4.1 Workspace: The Client must provide a suitable workspace for the Artist, including a 6-foot table, two chairs, and reasonable lighting.
4.2 Access: The Artist must have access to the venue to set up and prepare for the Service.
5. Client Responsibilities
5.1 Guest Participation: The Client is responsible for informing guests of the illustration service and encouraging participation.
5.2 Event Schedule: The Client must provide the Artist with a detailed schedule of the event and notify us of any changes at least 30 days in advance.
5.3 Guest Privacy and Venue Restrictions: The Client must notify the Artist in writing before confirming the booking, or as soon as possible and no later than 30 days before the event, of any venue rules, guest privacy requirements, safeguarding concerns, confidentiality requirements, or restrictions on photography, video, or social media use.
5.4 Guest Awareness: Where reasonably practicable, the Client should make guests aware that the Artist may capture behind-the-scenes photographs and short video clips of the live illustration service for the Artist's portfolio, website, social media, advertising, and promotional purposes.
6. Cancellation and Rescheduling
6.1 Cancellation by Client: If the Client cancels the booking more than 90 days before the event, the deposit will be retained, and any additional payments will be refunded. If the booking is cancelled within 90 days of the event, the full amount remains due and will not be refunded.
6.2 Cancellation by Artist: In the unlikely event that the Artist must cancel, a full refund, including the deposit, will be refunded. We will also endeavour to recommend an alternative artist, but this is not guaranteed.
6.3 Rescheduling: The Client may request to reschedule the event with at least 90 days' notice subject to the Artist's availability. Rescheduling within 90 days of the event may incur additional fees.
7. Copyright, Promotional Content and Use of Illustrations
7.1 Copyright: The Artist retains full copyright to all illustrations created during the event.
7.2 Client Use: The Client is granted a non-exclusive, royalty-free licence to use the illustrations for personal, non-commercial purposes, such as sharing on social media or displaying in a personal space.
7.3 Commercial Use: Any and all commercial use of the illustrations, such as reproductions for sale or use in advertising, requires the Artist's prior written consent and may incur additional fees.
7.4 Promotional Photography and Video: The Client acknowledges that the Artist may take photographs and short video clips during the event, including behind-the-scenes footage of the live illustration service, the Artist at work, the display of materials, and completed or in-progress illustrations.
7.5 Artist Promotional Use: The Artist may use selected photographs and video clips for portfolio, website, social media, advertising, and promotional purposes. This use is an important part of how the Artist demonstrates her work and reaches future clients.
7.6 Privacy Requests and Restrictions: If the Client does not want photographs or video footage from the event to be used for these purposes, or wishes to place limits on what may be used, the Client must notify the Artist in writing before confirming the booking or, where this is not possible, no later than 30 days before the event. The Artist will confirm in writing whether the request can be accepted and may decline a booking where the requested restriction materially affects the basis on which the Service is offered.
7.7 Sensitive Use and Guests: The Artist will use reasonable care when selecting content for publication and will not knowingly publish content that is intrusive, embarrassing, misleading, or focused on children without appropriate permission. Guests may also ask the Artist not to photograph or film them, and the Artist will make reasonable efforts to respect such requests.
7.8 Third Party Use: The Artist will not sell event photographs or video footage to unrelated third parties without the Client's prior written permission.
8. Liability
8.1 Damage to Property: The Artist shall not be held liable for any damage to the Client's or venue's property unless caused by gross negligence or intentional misconduct on the part of the Artist.
8.2 Service Interruption: The Artist will make every effort to provide the Service as agreed. However, we are not responsible for interruptions or delays caused by events beyond our control, including but not limited to equipment failure, power outages, or severe weather.
8.3 Guest Conduct: The Client is responsible for ensuring that guests behave appropriately during the Service. The Artist reserves the right to stop the Service if guests are disruptive or threatening.
9. Dispute Resolution
9.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
9.2 Dispute Resolution: Any disputes arising from this Agreement will be resolved through the competent courts of England and Wales.
10. Privacy, Data Protection and Promotional Content
10.1 Your Data: We respect your privacy and are committed to protecting your personal information. Except for the promotional photography and video use described in this Agreement, we do not use personal data for marketing purposes, nor do we sell or share it with third parties for advertising.
10.2 Any personal data we collect is used solely for:
- responding to enquiries and carrying out pre-contract discussions;
- making and managing bookings;
- issuing invoices and handling payments; and
- capturing, editing, storing, and publishing selected photographs and short video clips for the Artist's portfolio, website, social media, advertising, and promotional purposes, where permitted by this Agreement and applicable law.
10.3 Promotional images and video clips may include personal data where individuals are recognisable. The Artist will handle such content in accordance with applicable data protection law, will consider written objections or removal requests, and will stop future use or remove content where required by law or where it is reasonably practicable to do so.
11. Miscellaneous
11.1 Amendments: We reserve the right to amend these terms and conditions at any time. Any changes will be communicated to you in writing.
11.2 Entire Agreement: This Agreement constitutes the entire agreement between the Client and the Artist concerning the Service and supersedes all prior agreements, written or oral.