Terms & Privacy Policy

terms of service

First in Retail Ltd T/A Studio488 by using any of our services you agree to the following terms and conditions, These terms and conditions represent the entirety of the agreement between First in Retail Ltd and the “Client”.  the words “image” or “images” mean anything created by First in Retail Ltd t/a Studio488 on behalf of a “client”  

1. turnaround times and deliverables

turnaround times are calculated using working days (Monday-Friday and excluding all bank holidays) and are estimates only, if your job is time-critical it is important to let us know, and we will then advise further. we accept no liability if we fail to deliver images at a time agreed upon or otherwise, this applies to the return of physical items

2. commercial photographers’ pricing and quotes

prices quoted remain in place for 7 days, prices on our websites may be subject to change and are a guide only, prices can vary depending on the product or associated level of the project.

3. pick up & return service including insurance

pick up within 20 miles of the bl4 area is subject to a minimum order value of £200, return charges for all orders are £9.99 and are carried out by Parcel Force, insurance on these items is minimal and set by the courier, in almost most cases this default insurance will not cover your goods, if you require your goods to be fully insured you must obtain this insurance yourselves or organize your own collection.

4. our commercial photography services to you

the service First in Retail Ltd provides can be withdrawn or refused at any time without reason and without penalty or liability for losses incurred by the client.

5. paying for your photography and projects

we operate standard business terms of payment on receipt, other options of 7 days or 30 days are available and must be agreed to by us. all prices are exclusive of VAT, and return delivery if applicable.  Payment is accepted only via bacs.

6. credit/debit cards

sorry we do not accept debit or credit cards

7. receiving your images and videos

once cleared payment has been received (unless credit agreements have been made) the images will be made available via our partner wetransfer or other online transfer options

8. commercial photography refund policy

all services provided by First in Retail Ltd are non-refundable. if you believe there is an error with images this must be brought to our attention within 48 hours of you receiving them, our reshoot policy is covered below in section 12

9. cancellation of commercial photography projects or studio time

the studio reserves the right to charge the full or part of the quoted/chargeable price for any cancellations by you the client. goods that have already been shot, prepared, booked in, and/or processed cannot be canceled and will be charged at the applicable full price.

10. client confidentiality

first in Retail Ltd does not pass any details on to any third party (with the exception of our accounting software) and all of our client’s contact details are kept confidential.

11. insurance details/claims

first in Retail Ltd always strives to provide exceptional care with products in our studio, items are handled and repackaged carefully, First in Retail Ltd provides no insurance or accepts any liability for any items in our care or during transit, and our couriers carry minimal insurance for lost/damaged goods this is, in most cases, below the value of the goods, we recommend you ensure the insurance of your goods is sufficient. you agree that in the event that goods are damaged, lost, stolen, or otherwise deemed unsaleable whilst in the care of first in retail that first in retail, its agents, employees or subcontractors will not and cannot be held liable or subject to any claims for damages or any form of compensation.

12. commercial photography projects

photography projects will commence following acceptance of a written (email is acceptable) or verbal brief provided by our clients. re-shoots will be chargeable if First in Retail Ltd has adhered to the brief and our client makes changes to the brief after the images have been shot or there has been a clear misunderstanding/miscommunication regarding the brief. re-shoots are charged at the same rate as the original shoot. first in retail reserve the right to make the decision to re-shoot an item.

13. commercial photography image copyright and license agreement 

First in Retail grants our clients the right to use the imagery we supply indefinitely for the use of aiding in the marketing and sales of our client’s products on websites, social media channels, and shopping portals wholly owned or operated by them.  A third-party distribution agreement (fee may apply) to use imagery is required if you intend to distribute imagery to any third party   As creators, First in Retail Limited holds the copyright to all images supplied to our clients,  First in Retail reserves the rights to use, sell, or distribute any imagery it creates to at any time.  Models and model agencies usually carry their own license agreements for image usage, If an agreement is put in place this will be between the client and the agency/model.

14. unpaid invoices

if payment is not made by the due date or in accordance with our client’s specific payment terms & conditions, we reserve our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation. a fee of £20 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other correspondence, paperwork, or phone call involved with the recovery of a debt / unpaid invoice. this is non-refundable and represents time spent pursuing overdue invoices (This fee is limited to ONE per week). in addition, in the event of an unpaid invoice, First in Retail Ltd. reserves its right to revoke all discounts relating to the job for which the invoice remains unpaid, making them null & void, and to revert to our full standard pricing structure appropriate to the job. in the event any invoice remains outstanding past its due date first in retail reserve the right to remove all license and usage rights in relation to that invoice, we also reserve the right to ask that all imagery be deleted and the use of the imagery stopped immediately upon request until any outstanding balance is cleared (this will be in the form of a cease and desist notice). failure to do this is a breach of UK copyright law and subsequent action can be taken to recover any losses.

15. incorrect goods delivered / shortages.

we will quote separately for any items that require time to be “built” or “made ready” This excludes normal activities such as steaming or unpacking. we operate a common sense approach, if an item is going to take more than a few minutes to make ready to shoot then we will charge for this time accordingly, we will always advise and agree before commencing any additional chargeable services.

16. force majeure

first in Retail Ltd shall have no liability to the client if it is prevented from or delayed in providing its service by acts, events, omissions, or accidents beyond its reasonable control, including failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

17. storage and products not collected or returned

you agree to transfer the ownership and title of any items/goods not collected or returned for any reason 30 days from the date we receive your goods, we reserve the right to dispose of goods in any way we deem necessary this includes the sale of goods. goods that require additional storage will incur a fee of £5.00 per day, this charge is based on a per box or rail basis and is at the sole discretion of First in Retail Ltd

18. discounts

discounts to our standard pricing are based on various criteria agreed upon by the client and First in Retail Ltd, as such first in Retail Ltd reserves the right to make additional charges if the specified and agreed criteria are not met by the client.

19. price guarantee

we will beat or match any price you have been quoted for our standard listed photography services (other services are looked at on a case-by-case basis). all price guarantee quotes from other companies need to meet certain criteria including but not restricted to some/all of the following: VAT registration, like-for-like capability, like-for-like studio facilities, timescale, and usage license. we reserve the right in our sole discretion to modify or discontinue the price guarantee or to restrict its availability to any person, at any time, for any or no reason, and without prior notice or liability to you. the terms of the best price guarantee are governed by English law.

20. image usage

Images supplied by First in Retail Ltd may only be used for websites and social media channels wholly owned and operated by the client.  A third-party distribution agreement (fee may apply) is required if you intend to distribute imagery to any third party. (we currently do not allow our images to be used for machine learning, it is our client’s responsibility to ensure websites are not “scraped for data”). 

Models and model agencies usually carry their own additional license agreements for image usage this may include a limit on the amount of time an image can be used, If an agreement of this nature is put in place this will be between the client and the agency/model and is beyond the control of first in Retail Ltd.

21. image retention and storage

Once images have been downloaded by our clients or delivered by us, it is the client’s responsibility to store/catalog those images.  First in retail deliberately removes images after a short period, as such recovery or redelivery of images may not be possible. First in retail will not accept any liability in the event the client “loses” images. a charge is applicable for us to attempt to recover lost images from our backup servers. the following charges apply when attempting to recover imagery. £25 for the search (this is refundable if the images requested are found and the quantity is over 25, if there are fewer images found including none then the search charge applies) in addition to the search charge there is an additional £1.00 for every image found and resent

22. jurisdiction

the parties to this agreement irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this agreement and agree to submit to the jurisdiction of such courts. this agreement has been entered into on the date stated at the beginning of this agreement.

privacy policy

first in retail ltd t/a studio488 is committed to protecting the privacy of our customers and website visitors. as such we have detailed the following policy which forms the basis of how we handle any information provided to us.
under the eu’s general data protection regulation (gdpr), the data controller is first in retail ltd t/a studio488 and the data protection act information officer is also first in retail ltd. any questions, comments and requests regarding this privacy policy should be addressed to the dpo.

how we may collect information from you:
this may be collected when your details are entered in to our website or when you become a first in retail ltd t/a studio488 client. alternatively, if you have sent an e-mail, letter or called us and communicated your information this may also be stored by us using third party companies, we store no electronic data with the exception of commercial product images on our internal systems

where is my data stored:
the data we collect is stored on third party applications, this includes crm, accounts, email. the data collected is personal name, company name, address, vat number, company number, company email address. we take all steps we consider necessary to ensure our partners store your data securely and in accordance with this privacy policy and gdpr. the transmission of information via the internet is not completely secure. although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website. any transmission is at your own risk.
how we use the information collected:
we will only use your information for legitimate business purposes, including some or all of the following:
• to provide you with the information, customer service and services that you request from us.
• when you consent, to provide you with information about goods and services that are similar to those you have already purchased or inquired about.

marketing activities
we currently do not market our services in anyway, the only communication between ourselves and our clients would be classed as a “conversation” however if this changes the following policy will be in force. marketing activities
if you consent to it, we will use your information to send you our latest marketing communications. this will involve you being added to our mailing list where you will receive our newsletter and any promotional material.
it must be noted that if you have made an inquiry online, you are not automatically added to our marketing database and will not be sent unsolicited email marketing without first being asked and opting in. you are able to easily um-subscribe and opt-out at any time.
will first in retail ltd t/a studio488 share my data with anyone else?
first in retail ltd t/a studio488does not sell or share your information to any third parties. when an enquiry form is submitted through our website, it is sent to a first in retail ltd t/a studio488 e-mail address.

access to information
at your request, first in retail ltd t/a studio488 can confirm what information we hold about you and how it is processed. if first in retail ltd t/a studio488 does hold personal data about you, you can request the following information:
• identity and the contact details of the person or organization that has determined how and why to process your data.
• the purpose of processing as well as the legal basis of processing.
• if the processing is based on the legitimate interests of first in retail ltd t/a studio488 or a third party, information about those interests.
• the categories of personal data collected, stored and processed.
• how long the data will be stored.
• details of your rights to correct, erase, restrict or object to such processing.
• information about your right to withdraw consent at any time.
• how to lodge a complaint with the supervisory authority.
• the source of personal data if it was not’t collected directly from you.

any request for information must be accompanied by a valid form of identification, such as:
• passport
• driving license
if you wish to access any details we hold about you, please contact info@studio488.co.uk

cookies
this website uses tracking software to monitor its visitors to better understand how they use it. this software is provided by google analytics which uses cookies to track visitor usage

usage
although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (external links are click-able text / banner / image links to other websites)
the owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. this website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

this website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

this website and its owners through their social media platform accounts may share web links to relevant web pages. by default some social media platforms shorten lengthy urls.

users are advised to take caution and good judgment before clicking any shortened urls published on social media platforms by this website and its owners. despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

when visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s ip address and browser user agent string to help spam detection. an anonymised string created from your email address (also called a hash) may be provided to the gravatar service to see if you are using it. the gravatar service privacy policy is available here: https://automattic.com/privacy/. after approval of your comment, your profile picture is visible to the public in the context of your comment.

media
if you upload images to the website, you should avoid uploading images with embedded location data (exif gps) included. visitors to the website can download and extract any location data from images on the website.

cookies
if you leave a comment on our site you may opt in to saving your name, email address and website in cookies. these are for your convenience so that you do not have to fill in your details again when you leave another comment. these cookies will last for one year.

if you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. this cookie contains no personal data and is discarded when you close your browser.

when you log in, we will also set up several cookies to save your login information and your screen display choices. login cookies last for two days, and screen options cookies last for a year. if you select “remember me”, your login will persist for two weeks. if you log out of your account, the login cookies will be removed.

if you edit or publish an article, an additional cookie will be saved in your browser. this cookie includes no personal data and simply indicates the post id of the article you just edited. it expires after 1 day.

embedded content from other websites
articles on this site may include embedded content (e.g. videos, images, articles, etc.). embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. these websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

who we share your data with
if you request a password reset, your ip address will be included in the reset email.

how long we retain your data
if you leave a comment, the comment and its metadata are retained indefinitely. this is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

for users that register on our website (if any), we also store the personal information they provide in their user profile. all users can see, edit, or delete their personal information at any time (except they cannot change their username). website administrators can also see and edit that information.

what rights you have over your data
if you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. you can also request that we erase any personal data we hold about you. this does not include any data we are obliged to keep for administrative, legal, or security purposes.

where your data is sent
visitor comments may be checked through an automated spam detection service.

changes to our privacy policy
any future changes we make to our privacy policy will be updated on this page.

 

studio hire/day rate hires


the following terms apply to all rental agreements between first in retail ltd trading as studio488 and the hirer/s of first in retail ltd trading as studio488. they cannot be reworded without the prior written consent of first in retail ltd trading as studio488. the terms and conditions herewith shall be governed by english law. by entering any rental agreement, you agree to abide by these terms and conditions under the contractual law of the english courts.

 

definitions: the ‘hirer’ or ‘hirers’ means: ‘the client and any associated persons present on the day/s of hire including persons or companies employed by the hirer’. ‘studio hire’ means: ‘the rental and use of studio488 premises and or services for a contractually specified time and date for the business of photography, filming or related activities, or private event related hire. ‘the client’ means: ‘the individual, group of individuals or entities which have entered into this hire agreement with studio488.

damages: the hirer is liable for any damage made to the fabric or the building, fixtures, fittings, furniture, walls (painting) or appliances therein or equipment hired throughout the duration of the booking. the value of charges for damage will be set to cover the full cost of repair or replacement of such items as appropriate.

bookings: all bookings will be confirmed in writing and signed by an authorised person acting on behalf of the hirer prior to the rental taking place, this can be in the form of a reply email confirming booking. studio488 reserves the right to refuse to accept any booking. studio488 reserves the right to halt any activity it considers to be other than that for which the premises are intended.

capacity: a maximum of 8 occupants may be in each studio. requests for additional occupants may be approved at studio488 discretion.

where distinctions between property hire rates occur, the hirer is responsible for giving accurate information towards the type of usage when agreeing these rates so that the correct rates can be applied to the property hire charges. studio488 reserves the right to change these charges should it deem fit if information given by the hirer is inaccurate regarding such usage.

shoot/event related property, delivery, and collections: studio488 can accept deliveries and collections of the hirers property such as props, equipment, products etc, up to one working day before. after the shooting day/s studio488 reserve the right to charge a storage fee for any items left on the premises this is in additional to the daily rental charges. the hirer must ensure that all such items are insured. no hirer related items held or stored on studio488 premises will be covered by any insurance held by studio488. studio488 reserves the right to dispose of any item left on the premises after 14 days from the end of the hire period and charge for this disposal if necessary, this is in additional to the storage charges.

parking: studio488 provide no parking, all parking at the studio is on public roads.

content/nda: all content including imagery moving and still captured by none studio staff shot on the studio488 premises is the property of first in retail ltd, by entering the studio yu agree to the none disclosure agreement set out when signing into the studio.

overtime: standard opening times are 9am to 5pm. overtime charges will apply if the property is occupied beyond these hours at a rate of £30 per 15mins for arranged overtime and £25 for unarranged overtime.

cancellations: confirmed bookings can be cancelled at any time however we do not offer any form of refund, credit or alternatice dates for cancelled studio time. once a studio day has been confirmed by both parties full payment for that date is required. a confirmed booking is classed as any date or dates that have been requested by the client and accepted by studio488. studio488 reserve the right to charge any amount upto the full amount depending on individual circumstances for cancelled studio days.

cleaning fee: studio488 are responsible for cleaning the studio however in the event that there has been a clear and deliberate misuse of the studio which results in professional cleaning and or excess time required to cover more extensive cleaning then a charge of £50 per hour will be payable.

personal property/equipment: studio488 cannot be held responsible for loss or damage to any equipment or personal property of the hirer. no hirer related property will be covered by any insurance of studio488.

risk and liability: the use studio488 premises and equipment is entirely at the hirer’s risk. the hirer hereby agrees that studio488 will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to the hirer, his or her party or possessions whilst on the premises. studio488 cannot accept liability for loss or damage (including loss of earnings) incurred to the hirer by circumstances that are out of the reasonable control of studio488, including (but not limited to) power cuts, fire, flood, civil disturbance or industrial action.

insurance: it is the responsibility of the hirer to ensure that all persons employed by them to participate in the shoot are fully insured to at least 5 (five) million pounds. if studio488 require proof then the hirer is responsible to provide this evidence, studio488 reserve the right to hold or cancel a shoot until the appropriate documents.

health and safety: studio488 operate a strict health and safety policy, it is the hirers responsibility to abide by all health and safety request be they written or verbal at all times, studio488 cannot accept any responsibility for health and safety incidents which arises out of negligent on the hirers behalf.

food: any item consumed on the premises that have not been brought in by the person consuming them is at their own risk, studio488 takes no action to check dietary requirements or take an active role in ensuring people are eating safely, this is entirely the responsibility of the individuals in the studio. all guardians of people under 18 are solely responsible for the person in their care.

gradian/chaperone: persons under the age of 18 (eighteen) must be always accompanied by a guardian/chaperone, in the rare event that a person under eighteen is left in the studio without a guardian/chaperone, it is the hirers responsibility to take legal ownership of that person, the hirer must ensure all licences and legal channels have been fulfilled. if studio488 feel that this has not been done, then studio488 reserve the right to stop/cancel the shoot until remedial action is carried out. bolton council have strict rules on how a guardian/chaperone please visit https://www.bolton.gov.uk/employing-children/child-employment/4

models: the hirer is responsible for all model contracts and usage rights.

security: studio488 operate an extensive security system including monitored fire alarms, personal attack systems as well as cctv. cctv is internal and external and is present in public areas only, we do not operate any cctv in areas which could be classed as private, such as toilets or changing rooms, our policy on cctv is to prevent/record crime and document any health and safety incidents, imagery is kept for as short a period as possible usually seven days.

PDF Downloads of the above:
Terms and conditions   –   Privacy   –   Studio Hire 


The current terms and conditions have been updated as of 01/6/2023 Click here for Previous T&C 

Change Log:

Edited: 04/08/23  General Spelling/Grammar changes.
Edited: 20/09/23 Section 20. has changed from £1.00 per day to up to £50.00 per day. Reason for change: operational business changes/error
Edited: 20/09/23 General Spelling/Grammar changes.
Edited: 09/10/23  Changes to section 13 ,18, 20