Wedding Terms and conditions
TERMS & CONDITIONS
In the following conditions of contract “The Photographer(s)” shall mean Owen and Charis Warrell (o&c Photography) or, subject to condition 7 below, any photographers appointed by o&c Photography. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). However, it is agreed that this copyright shall be waived for the clients whose names appear on this contract.
The Client(s) hereby allow(s) The Photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, blogs and other such material.
3. License, Coverage and Reproduction:
a. The Photographer(s) shall be granted artistic license in relation to the poses and the locations used. The Photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.
b. Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every effort will be made to comply with The Client(s) requirements.
c. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.
d. For a booking involving a church ceremony The Photographer(s) movements are sometimes restricted by the of cial in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept respon- sibility for any obstructed view should this be the case.
e. For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.
f. Please note that any alterations made to the booking by The Client(s) once details have been con rmed may only be made at the discretion of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking) The
Photographer(s) may be unable to accommodate these alterations due to a con ict of commitments. Under these circumstances The
Photographer(s) are not liable to compensate The Client(s).
g. Due to a variety of lighting conditions and the limitations of digital capture, some colours may alter slightly throughout a set of photo- graphs. Please note that certain colours do not reproduce exactly on photographic lm or paper.
h. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not neces- sarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or indifferent sizes may be variable in colour balance.
i. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
j. Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
k. Cooked meals must be provided for the photographer(s) and assistant on the wedding day if The Photographer(s) are required for more than 6 consecutive hours.
4. Prices: a. The Client(s) will be liable to pay any reasonable additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
a. Wedding Client(s), a non-refundable booking fee of £450 (paid by cash, bank transfer, or cheque) along with a completed contract will con rm your booking. Payment for the photographic coverage is payable in full one calendar month prior to the contracted date. All additional goods are payable on ordering.
b. Title to all goods remains the property of o&c Photography until paid for in full by The Client(s).
In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased.
7. Force Majeure:
a. The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury/victim of crime).
b. The Photographer(s) have other professional photographers who will be contacted by their staff (or family) in the event that they are not able to attend your booking due to clause 7a.
c In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present – see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable –The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any booking fees and other fees paid for photographic services within this contract .
8. Negatives or digital les:
a. The negatives and digital les shall remain the property of The Photographer(s) and shall be kept by them for not less than 12 months from the contract date. The photographer will supply a copy of selected edited digital ne gatives to the client(s) for their own non-commercial use.
b. Should Digital les be lost, damaged or destroyed for reasons beyond control (i.e.; card failure, theft, accidental damage, pc hardware failure) The Photographer(s) liability shall be limited to a full refund of any fees paid for photographic services within this contract.
c. All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) may request additional payment in the event of an increase in the cost of album order should this be placed outside of the 12 month period.
If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation.
a. Cancellation within one week of booking and more than four complete months to go until contract date - £450 non- refundable booking fee (see clause 5a).
b. Cancellation with less than four months to go until contract date - fifty percent of the price for the complete package booked.
c. Cancellation with less than two months to go until contract date - full price for the complete package booked.
d. In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non - refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with British Law and the parties hereto submit to jurisdiction of the British courts.