Wedding Photography Terms and Conditions
It is agreed that this contract will govern the terms and conditions on which The Photographer/s will take images of The Client(s) wedding and it is agreed for the sake of certainty that this contract together with any written representations made by The Photographer/s (Chris Freer Photography referred to at CFP in these terms) set out the total contract between the parties. No variation or modification of this contract shall be effective unless agreed by both parties in writing. However, this shall not limit The Client’s right to take action against The Photographer/s for false or deliberately misleading statements made verbally by The Photographer/s prior to signing this contract.
1. Booking Fee A booking fee of £200 (’The Booking Fee’) is charged when The Client signs this contract. The Booking Fee is non-refundable save where The Client lawfully terminates the contract or where The Photographer/s (CFP) manage to secure an alternative booking to fill the date vacated by The Client. The Booking Fee is deducted (in full) from the total price as calculated by totalling the fee due and album figures as detailed in the Schedule (‘The Price’).
2. Payment Following payment of The Booking Fee the remaining balance is due to be paid no later than 30 days prior to the wedding date. Payment for additional images is to be made when they are ordered for the prices stated upon order. Additional images are not included in The Price.
3. Display The Client hereby allows The Photographer/s to display an image/s taken pursuant to this contract in their studios, portfolios, literature, wedding exhibitions and advertising. No use of the image/s will be made by The Photographer/s (CFP) for any other commercial reason except with written permission of The Client. For the avoidance of doubt, all copyright in the images is owned absolutely by The Photographer/s within the provision of the Copyright, Designs and Patents Act 1988. The client named on this contract shall be granted permission for personal use of all images supplied, including printing and electronic sharing. The photographer requires than any social media use for the images supplied will be credited with the photographers name.
4. Images All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but The Client accepts and agrees the Photographer/s cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially in man-made fibres and that it is sometimes impossible to record photographically the exact colour seen by the human eye.
5. Reorders 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 reorder. No responsibility for error will be accepted unless orders are given in writing.
6. Licence 6.1 The Photographer/s (CFP) shall be granted artistic licence in relation to the poses photographed and the locations used. Due to the vagaries of weather, time available, and the willingness of the subject/s it may not be possible to capture all of the images requested by The Client. 6.2 No less than 7 working days 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’). 6.3 The Photographer/s shall use all reasonable endeavours to take only those images specified by The Client pursuant to The Specification. 6.4 Notwithstanding the provision of clauses 6.1, 6.2 and 6.3, 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 exercise their discretion and take such images as they consider appropriate in the circumstances. 6.5 If, in the reasonable 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 timescale detailed at 6.2 then The Photographer/s may exercise their discretion and take such images as are agreed with The Client.
7. Matters Beyond the Parties’ Control 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. If the Photographer (CFP) is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond their control, then the Photographer will attempt to procure the services of another professional photographer to fulfil their obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability concerning this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.
This limitation of liability will also apply if any image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer (CFP).
8. Limitation of Liability Neither party shall be held liable to the other for any losses that the other suffers as a result of breach of contract unless those losses are a foreseeable consequence of the breach. The Photographer/s (CFP) cannot be held liable under this contract where the client is unhappy with the composition of any photographs where The Photographer/s have complied with his obligations under clause 7.
9. Cancellation 9.1 The Client may cancel this contract at any time after it has been submitted by sending written notice to The Photographer/s. 9.2 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 as is more particularly detailed in clause 9.3. 9.3 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 the price that The Photographer/s shall be entitled to shall be calculated in accordance with the table below (detailing the amount the Photographer/s is entitled to). 0 - 7 days 100%, 8 - 14 days 95%, 15 - 30 days 90%, 31 - 60 days 80%, 61 - 120 days 50%, more than 120 days 0% In the event of cancellation of this contract. The Booking Fee paid is non-refundable.
10 Digital Files Digital Files remain the property of The Photographer/s (CFP). 10.1 the images will be delivered via the method specified as per the Client’s chosen wedding package i.e. digital version or digital version plus printed album(s). 10.2 Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
11 Act of Violence Should I be in a position where there maybe an act of violence or I, or any colleagues feel threatened, I have the right to cancel all services requested with or without notice. The right to disclose and provide any images is at the discretion of Chris Freer Photography. No refunds will be given in any part for services coming to an end early. In the event of physical abuse or damage to equipment is caused, the police will be notified immediately.
12 Complaints The Client shall notify The Photographer/s (CFP) in writing within 21 days of receipt of the final form images if they have a complaint regarding an issue which would be obvious within that 21 days period or otherwise, as soon as possible after the issue giving rise to the complaint has become apparent setting out the nature of the complaint in sufficient detail to make it clear to The Photographer/s the nature and reason of the complaint. For the avoidance of doubt, The Client is advised that mediation is only one option of dispute resolution available to The Client and they are free to pursue others if they wish.
12 Refund Policy In the event of cancellation by the Photographer/s (CFP) or failure of delivery the wedding images (expect the situation specified under clause 7), a full refund will be made to the Client pop monies already paid.