TERMS AND CONDITIONS OF BUSINESS (the boring "small print")
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/deposit secures the time and services of the Photographer for the wedding, portrait, product or event photography session and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 12 weeks before the booking date, in the case of a wedding or similar event, or 2 weeks in the case of a studio session, will result in the payment in full. All cancellations must be in writing or via email. Bookings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. We hold dates for a maximum of 14 days without a booking fee/deposit. If you do not pay your booking fee/deposit within that time, the date will be treated as available for other clients.
Following payment of the booking fee, balance of fees due are to be paid 28 days prior to the booking in the case of a wedding or similar event, or on the day in the case of a studio session. No photographer will attend the booking unless payment has been made in full. Any additional photographs ordered must be paid for at the time of ordering. No photographs (or digital files) will not be delivered until all payments due have been paid in full.
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.
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Minor retouching and colour correction will be carried out, free of charge. However, any major retouching, digital manipulation and artistic finishing are available to the Client as an optional extra.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing. All reorders must be paid for at the time of ordering.
Any and all 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, physically, 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 Photographers' judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the unlikely event of the assigned Photographer being unable to attend your wedding, event or studio session, due to unforeseen circumstances, we reserve the right to appoint another, similarly experienced photographer to attend on our behalf, to undertake the photography to his/her best ability on our behalf.
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.
The Client may cancel this contract at any time by giving written notice to The Photographer(s) but in doing so shall forfeit any monies paid. Cancellation less than 26 weeks before the booking date, in the case of a wedding or similar event, or 2 weeks in the case of a studio session, will result in the payment in full. All cancellations must be in writing or via email.
All negatives and/or digital files remain the property of The Photographers.
All prices are correct as at time of booking and will be honoured once a booking fee is paid. However, prices are subject to change over time, so we cannot guarantee to honour prices from an old price list.
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 either the Society of Wedding and Portrait Photographers to mediate, but only on the basis that its decision shall be final and binding upon both parties.
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