Weddings
Wedding & Civil Partnership Terms and Conditions
TERMS AND CONDITIONSIt is agreed that this contract will govern terms and conditions on which the Photographer/s will take images of the Client’s wedding (details of which are attached) and it is agreed that this contract sets out the total contract made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
1. BOOKING FEE AND AGREEMENT - A non-refundable booking fee (‘the Booking Fee’) of 20% of the total price is charged when the Client signs the Contract. The Booking Fee is deducted (in full) from the total price as calculated by totalling fee due and album figures as detailed in the Schedule (‘The Price’). The Client is deemed to be in agreement with these Terms and Conditions upon signing the Contract and payment of the Booking Fee.
2. PAYMENT – Following payment of the Booking Fee the remaining balance is due to be paid no later than 14 days before the wedding ceremony date. Payment for additional images is to be made when they are ordered for the prices stated on the order. Additional images are not included in the Price.
3. DISPLAY - The Client hereby allows the Photographer/s to display any image/s taken pursuant to this Contract in their premises, portfolios, online portfolios/galleries, literature, exhibitions and advertising. No use of the images will be made by the Photographer/s for other commercial reason except with the written permission of the Client.
4. COPYRIGHT - For the avoidance of doubt all copyright in images are owned absolutely by the Photographer/s within the provisions of the Copyright, Design and Patents Act 1988. It is contrary to this Act to copy or allow to be copied photographically, electronically or by any other means any image created as part of this Contract without the express permission of the Photographer/s unless due payment and a separate written agreement has been made between the Photographer/s and the Client as set out in Clause 5 (Licence to Use) below. All Digital Files remain the property of the Photographer/s.
5. LICENCE TO USE - The Client may under a separate agreement with the Photographer/s purchase a ‘Licence to Use’ for images as specified in that agreement and make copies of the said images for the purposes of display within the terms and conditions set out in the Licence to Use.
6. IMAGES – All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but the Client accepts and agrees that Photographer/s cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man made fibres and that it is sometimes impossible to record photographically the exact colour seen by the human eye.
7. RETOUCHING - Retouching, digital manipulation and artiste finishing is available to the Client as an optional extra for an additional price to be agreed in writing.
8. ADDITIONAL PRINTS AND REORDERS – All reorders and additional orders images are not included in the Price. All reorders shall be treated as an extension of this Contract and will be charged for at the Photographer/s prices prevailing at the time of order. No responsibility for error will be accepted unless orders are given in writing.
9.1 PHOTOGRAPHER/S JUDGEMENT - The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer/s judgement regarding locations/poses and the number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of the subject/s it may not be possible to capture all of the images (if any) specifically requested by the Client.
9.2 No less than one calendar month prior to the date of the wedding the Client shall supply a written list to the Photographer/s setting out the number of images the Client requires under this Contract clearly identifying those people who should appear on the images with a brief description of the setting and background (‘the Specification’).
9.3 The Photographer/s shall use all reasonable endeavours to take only those images specified by the Client pursuant to the Specification.
9.4 Notwithstanding the provisions of Clauses 9.1, 9.2 and 9.3 if, for any reason, the Photographer/s reasonably deem it unreasonable in the circumstances to take the images which have been requested in the Specification then the Photographer/s shall, at their sole discretion, exercise their right to take such other images as they consider appropriate in the circumstances.
9.5 If in the opinion of the Photographer/s, the Client does not provide a written list of sufficient detail to enable the Photographer/s to comply with the Specification (or if the Client does not provide such a list at all), within the time scale detailed at 9.2 then the Photographer/s may exercise their discretion and take such images as they deem reasonable in the circumstances.
10. FORCE MAJEURE OR ACT OF GOD - The due performance or alteration of this Contract is subject to alteration or cancellation by either party owing to any cause beyond their reasonable control.
11. LIMITATION OF LIABILITY - In the unlikely event of total photographic failure or cancellation of this Contract by either party or in any other circumstances the liability of one party to the other shall be limited to the Price. Neither party shall be liable to indirect or consequential losses.
12. CANCELLATION
12.1 The Client may cancel this Contract at any time after it has been signed by sending a written notice to the Photographer/s. In the event of cancellation of this Contract all Booking Fees paid are non-refundable.
12.2 If the Client notifies the Photographer/s more than [120] days before the date that the wedding is due to take place then the Photographer/s shall reimburse the Client the whole of the Price (where this has been previously paid in full by the Client to the Photographer/s) as is more particularly detailed in Clause 12.3 less the non-refundable Booking Fee.
12.3 If the Client notifies the Photographer/s that they wish to cancel the contract at any time within three months of the date of the wedding then the amount of compensation that they shall receive shall be calculated as a proportion of the Price in accordance with the table below (detailing the amount refunded to the Client, where this has been previously paid in full by the Client to the Photographer/s):
[0-7 days] 0%* [8-14 days] 5%*
[15-30 days] 10%* [30-60 days] 20%*
[60-120 days] 50%* [more than 120 days] 100%*
* = less non-refundable Booking Fee
All prices are quoted in pounds sterling exclusive of VAT. This Contract is subject to English Law.