Terms of Use

Agreement to Terms

Welcome to Brisk Whisper. By accessing or using our website and services, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services or website.

These terms apply to all visitors, users, and others who access or use our website and services. We reserve the right to modify these terms at any time, and your continued use following any changes constitutes acceptance of those changes.

Description of Services

Brisk Whisper provides professional photography and visual arts services, including but not limited to:

• Commercial photography
• Portrait photography
• Editorial photography
• Architectural and interior photography
• Food and beverage photography
• Event photography
• Creative concept development and execution
• Product photography
• Post-production and editing services

Specific services, deliverables, timelines, and pricing are defined in individual service agreements or project proposals.

Website Use

Permitted Use

You may use our website for lawful purposes only, including:

• Browsing information about our services
• Contacting us regarding potential projects
• Viewing portfolio examples
• Accessing resources and information we provide

Prohibited Use

You agree not to:

• Use the website in any way that violates local, national, or international law
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorised access to our systems or networks
• Interfere with or disrupt the website or servers
• Collect or harvest information about other users
• Use automated systems (bots, scrapers) without written permission
• Reproduce, duplicate, or copy material from the website for commercial purposes
• Misrepresent your identity or affiliation

Intellectual Property Rights

Our Content

Unless otherwise stated, Brisk Whisper owns or licenses all intellectual property rights in our website and its content, including:

• Photographs and images
• Text and written content
• Design, layout, and graphics
• Code and software
• Logos and branding

This material is protected by copyright, trademark, and other intellectual property laws. You may view and print pages from the website for personal reference, but you may not:

• Republish material without written consent
• Sell, rent, or sub-license website material
• Reproduce or duplicate material for commercial purposes
• Edit or modify any material on the website
• Redistribute content except where explicitly permitted

Client Project Work

Copyright and usage rights for commissioned photography are defined in individual service agreements. Generally:

• We retain copyright to all photographs created
• Clients receive usage rights as specified in their agreement
• We may use project work for portfolio and promotional purposes unless otherwise agreed
• Unauthorised reproduction or distribution of commissioned work may violate copyright law

Service Agreements and Bookings

Proposals and Quotes

Proposals and quotes provided are valid for 30 days unless otherwise stated. They are not binding until both parties have signed a service agreement or we've confirmed acceptance of your booking.

Booking and Payment

To secure a booking:

• A signed service agreement is typically required
• A deposit (usually 30-50% of project cost) may be required
• Final payment is due within specified terms, typically 14-30 days
• Late payments may incur interest charges

Cancellations and Rescheduling

Our standard cancellation policy applies unless otherwise specified in a service agreement:

• Cancellations more than 7 days before scheduled shoot: Full refund of deposit
• Cancellations 3-7 days before: 50% cancellation fee
• Cancellations within 48 hours: Full deposit forfeited
• Rescheduling requests are accommodated when possible without additional fees if made more than 7 days in advance

Weather and Force Majeure

For outdoor shoots affected by adverse weather or other circumstances beyond our control, we'll work with you to reschedule without penalty. If rescheduling isn't possible, deposits will be refunded.

Delivery and Turnaround Times

We strive to meet agreed delivery timelines. However, timelines are estimates unless specifically guaranteed in writing. Delays beyond our control (equipment failure, illness, force majeure) do not constitute breach of contract, though we'll make reasonable efforts to minimise delays.

Clients must notify us of any issues with delivered work within 14 days of delivery. After this period, work is considered accepted.

Client Responsibilities

When engaging our services, clients are responsible for:

• Providing accurate, complete project information
• Securing necessary permissions for locations, models, and property
• Ensuring authorised representatives make decisions
• Providing timely feedback during the project
• Making payments according to agreed terms
• Notifying us promptly of any concerns or issues

Limitation of Liability

To the fullest extent permitted by law:

Website Use

We provide our website on an "as is" basis without warranties of any kind. We do not guarantee that the website will be uninterrupted, error-free, or free from viruses or harmful components.

Service Provision

While we maintain professional standards and appropriate insurance, our liability is limited as follows:

• Total liability for any project is limited to the amount paid for that specific project
• We are not liable for indirect, consequential, or incidental damages
• We are not liable for lost profits, business interruption, or lost opportunities
• Liability for loss or damage to equipment is limited to replacement value

Equipment and Data

We take precautions to protect photographic data through backup systems. However, we cannot be held liable for data loss due to equipment failure, theft, or circumstances beyond our control. We recommend clients maintain their own backups of delivered images.

Indemnification

You agree to indemnify and hold harmless Brisk Whisper, its employees, and contractors from any claims, damages, or expenses arising from:

• Your use of our website or services
• Your violation of these terms
• Your violation of any rights of another party
• Inaccurate information you provide
• Lack of necessary permissions for locations, models, or property

Image Usage and Model Releases

We may use images from client projects for portfolio, marketing, and promotional purposes unless specifically prohibited in the service agreement. This includes:

• Website portfolio display
• Social media promotion
• Marketing materials
• Industry competitions and publications

If images contain identifiable individuals, appropriate model releases must be obtained. Clients are responsible for ensuring model releases are secured unless we've specifically agreed to handle this.

Confidentiality

We respect client confidentiality. Information about your projects will not be shared with third parties except:

• As necessary to deliver services (e.g., with contractors or suppliers)
• As required by law
• With your explicit permission

If your project requires enhanced confidentiality, non-disclosure agreements can be arranged.

Disputes and Complaints

If you're dissatisfied with our services:

1. Contact us promptly to discuss concerns
2. We'll work in good faith to resolve issues
3. If resolution isn't possible, we may agree to mediation
4. Formal disputes are subject to the jurisdiction of English courts

Third-Party Links

Our website may contain links to external websites. We have no control over the content or practices of third-party sites and accept no responsibility for them. Visiting linked sites is at your own risk.

Privacy

Use of our website and services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to such processing and warrant that all data you provide is accurate.

Severability

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

Entire Agreement

These terms, together with our Privacy Policy and any specific service agreement, constitute the entire agreement between you and Brisk Whisper regarding website use and services. They supersede any prior agreements or understandings.

Governing Law

These terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these terms or use of our services are subject to the exclusive jurisdiction of the courts of England and Wales.

Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to the website. Material changes will be communicated through prominent website notice or direct contact where feasible.

Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms. We recommend reviewing these terms periodically.

Contact Information

Questions about these Terms of Use should be directed to:

Brisk Whisper Photography
Unit 12, Warehouse Quarter
45 Hackney Road
London E2 7NX
United Kingdom
Email: [email protected]

Acceptance of Terms

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.