Terms and Conditions
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
The Booking fee secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation by the Client, it being the agreed loss suffered by the Photographer/s due to cancellation.
Cancellation by the Client less than 12 weeks before the due wedding date will result in the Client being responsible for paying the Photographer/s in full the total fee for the shoot only, unless additional products or services have been ordered by the Client which the Photographer/s had also incurred costs at the time of the cancellation. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the Photographer/s can re-schedule for the new date and time.
Following payment of the booking fee, the entire outstanding balance of the shoot fee is due to be paid 28 days prior to the wedding. Payments for Disks, Preview Books, Albums, Prints, and any other Products must be paid in full before the Products are ordered and released to the client.
The Photographer/s may display any photographs included in this contract in his/her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows, and your signing of the contract below will also constitute full model release rights to the Photographer/s.
The meaning of “quality” in relation to all images will be judged and defined by the Photographer/s.
Retouching and digital manipulation is available to the Client as an optional extra.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer/s judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather, the willingness of subjects, and other unforeseen reasons such as timings, etc, it may not be possible to capture all the images requested.
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the highly unlikely event of the assigned Photographer/s being unable to attend your wedding due to illness, we reserve the right to (1) Offer to the client a replacement Photographer with the contract continuing, or (2) refund to the Client in full any payments made by the Client to the Photographer in relation to the “Shoot” and the contract between the Client and the Photographer will be deemed cancelled. Clients opting for option (1) will receive a 50% discount on the price of “The Shoot” only.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Negatives/Digital Files/The Full DVD
Negatives / digital files remain the property of The Photographer/s. This does not affect the Clients privilege to copyright free reproduction where the “Full DVD” has been purchased. The “Full DVD” is not a constructed slideshow or movie of the event, but rather a large media storage application more suitable and larger than a standard CD for the storage of Photographs.
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers (SWPP) to mediate but only on the basis that its decision shall be final and binding upon both parties.