TERMS AND CONDITIONS OF TRADING.

1. DEFINITIONS AND INTERPRETATION

  • 1.1 "Photographer" means Scott trading as Evans Perspective, based in Coupar Angus.

  • 1.2 "Client" means the individual, group, or commercial entity booking the photography session.

  • 1.3 "Services" means the outdoor portrait, pet, or event photography sessions provided by the Photographer.

  • 1.4 "Images" means all digital files, prints, or photographic media generated by the Photographer.

2. APPLICATION OF TERMS

  • 2.1 These Terms and Conditions apply to all contracts for the supply of Services by the Photographer to the Client to the exclusion of any other terms.

  • 2.2 These general commercial terms are maintained publicly on the website. Specific operational safety frameworks, model releases, and allergy disclosures are executed separately via the Trail Session Booking & Safety Agreement prior to the session date.

3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

  • 3.1 In accordance with the Copyright, Designs and Patents Act 1988, the copyright of all Images remains strictly with the Photographer.

  • 3.2 B2C (Personal Use): The Client is granted a perpetual, non-exclusive license to use, print, and display the Images for personal, non-commercial use only. The Client must not sell, alter, or enter the Images into commercial competitions.

  • 3.3 B2B (Commercial Use): Where Services are provided to commercial entities (e.g., Outdoor Adventure Companies), the usage license is strictly limited to internal marketing, websites, and organic social media channels unless a wider commercial release is agreed upon in writing.

4. WEATHER, CONTINGENCIES AND EQUIPMENT HALTS

  • 4.1 The Photographer specializes in natural-light outdoor photography. On the evening before or morning of the session, the Photographer and Client will review the local forecast.

  • 4.2 If unforecasted severe weather threatens on-site safety or risks immediate damage to professional photography equipment, the Photographer reserves the operational right to halt or cut short the session to safeguard active assets.

  • 4.3 If a session is disrupted or cut short by severe weather, the Photographer will cooperate with the Client to arrange a backup session on a future date free of charge.

  • 4.4 If a trail session is forced to cancel because the Client or their group arrives under-equipped or unprepared for the outdoor environment (lacking mandatory footwear, waterproofs, food, or water), no refund or free reschedule will be issued.

  • 4.5 (Clarification of Preparedness): For the purposes of Clause 4.4, "mandatory footwear and waterproofs" are determined by the specific terrain and weather demands of the agreed route. Minimum safety requirements are explicitly outlined within the booking confirmation correspondence and the Trail Session Booking & Safety Agreement. The Photographer retains final, absolute operational discretion at the trailhead to determine if a participant's attire presents an unacceptable safety risk to themselves or the session's execution.

5. REGIONAL COVERAGE AND TRAVEL DELIVERY FEES

  • 5.1 The baseline package includes travel within the Photographer's standard local transit zone (a 20-mile radial area originating from Coupar Angus).

  • 5.2 Public Transit Surcharge Framework: Any sessions booked outside of this core promotional region will incur a variable Travel Delivery Fee. During the public transport operational phase, this fee is calculated using real-time multi-zone day tickets or split-ticket transit routing. This exact expenditure will be appended directly to the client invoice as a pass-through cost, ensuring no impact on the business's fixed monthly overheads.

6. LIMITATION OF LIABILITY

  • 6.1 The Photographer maintains active Public Liability Insurance and specialized field gear contents coverage. However, the Photographer operates strictly as a creative service provider and not as a mountain guide, survival leader, or outdoor safety coordinator.

  • 6.2 In accordance with the Land Reform (Scotland) Act 2003, clients exercise their statutory outdoor access rights and remain entirely responsible for their own route selection, navigation, physical fitness, and general safety choices. The Photographer is not liable for personal injury, property damage, or financial loss sustained by the Client during the session, unless caused by the direct negligence of the Photographer.

  • 6.3 The Photographer accepts zero liability for any third-party pet injuries, pet losses, or property damage caused by animals during the session. In strict compliance with the Dogs (Protection of Livestock) (Amendment) (Scotland) Act 2021, full legal, physical, and financial control of any animals remains with the owner at all times.

7. PRE-LAUNCH INTRODUCTORY RATE GUARANTEE

  • 7.1 Scope of Rate: Clients booking during the Photographer’s pre-launch operational phase are granted access to a discounted introductory pricing structure as displayed on the public website at the time of inquiry.

  • 7.2 Guaranteed Duration: In compliance with consumer transparency regulations, the agreed pre-launch rate is legally fixed and guaranteed for a continuous duration of twenty-four (24) months, commencing strictly from the date of the Client's initial booked session.

  • 7.3 Post-Guarantee Pricing: Upon the expiration of the twenty-four (24) month introductory period, any subsequent bookings, sessions, or custom commissions requested by the Client will be invoiced at the Photographer's standard public commercial rates active at that future date.

8. LEGACY TRAIL EVOUCHER INCENTIVE FRAMEWORK

  • 8.1 Issuance Policy: As a promotional incentive during the pre-launch phase, the Photographer may issue a digital flat-rate reward token designated as the "£20 Legacy Trail eVoucher" to B2C clients following the completion of an initial session.

  • 8.2 Redemption Boundaries: The eVoucher holds a strict nominal value of £20.00, applicable exclusively as a deductor against future, secondary custom session invoices. The voucher cannot be applied retroactively to the initial qualifying launch session, cannot be exchanged for cash, and is non-transferable to third parties.

  • 8.3 Temporal Validity: In accordance with Section 1 of the Evans Perspective Legacy Loyalty Framework, all issued eVouchers are bound by a strict temporal constraint and remain valid for a maximum window of twelve (12) calendar months from the exact date of digital issuance. Expired tracking codes will be automatically purged from the internal administrative tracker and rendered void.

  • 8.4 Verification Protocol: To successfully execute a redemption, the Client must explicitly quote their unique alphanumerical Voucher Tracking Code (e.g., EP-2026-XXX) via written email correspondence at the time of booking their secondary adventure. Redemptions cannot be processed without a valid, active code verified against the internal administrative tracker.

9. GOVERNING LAW AND JURISDICTION

  • 9.1 These Terms and Conditions are governed by Scots Law, and any disputes will be subject to the exclusive jurisdiction of the Scottish Courts.