TermsAndConditions - Martin Davies

TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES

In the following terms & conditions "The Photographer" shall mean Martin Davies. "The Client" shall be those persons defined as bride and groom in the wedding booking. 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.

Booking Fee

A deposit of £99.00 acts as full acceptance of the terms and conditions, securing the time and services of The Photographer for the wedding and is non-refundable or transferable in the event of cancellation. The booking fee will be deducted from the cost of The Client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due four weeks before the wedding day. Weddings 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.

Price List

You may amend your selected package to a different option at any time; however the charge difference will be subject to the prevailing price list at the time of the change.

Wedding Arrangements

The details of the wedding arrangements are to be agreed beforehand in writing. The Client shall notify The Photographer of any changes to these details in writing. The Photographer cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.

Cancellation

The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. All cancellations must be in writing.

Display

The Client hereby allows The Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.

House Rules

The Photographer is sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that The Photographer shoot from a specific location. In such circumstances The Client agrees to accept the technical limitations that may be imposed on the equipment used.

Exclusivity

The Photographer shall be the sole professional photographer at the venues specified. Photographs taken by family, friends, and other guests are encouraged.

Lunch

Whilst The Photographer does not require a full meal, refreshments in the form of a small hot lunch and soft drink would be appreciated. Most venues will cater for vendor meals however if this is not available note that The Photographer will need to leave the premises for approximately 1 hour during the wedding breakfast.

Images

All image sizes are approximate. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record digitally or in print the exact colour as seen by the human eye. There is no right to reject on the basis of style or composition.

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to The Client for preview shall be deemed correct.

Viewing

The Photographer will display a maximum of 20 preview photographs on social media within 48 hours of the wedding day. Final images are to be supplied in a 3-6 week period following the wedding ceremony. Images will be available to download via a password protected gallery and a copy provided on a USB drive.

Copyright

English Copyright Law states that the copyright of photographs remains with The Photographer. The copyright in all images and copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer file or printed documentation relating to such images remains the property of The Photographer. The images taken by The Photographers are for personal use by The Client and their friends and relatives. Personal use is restricted to printing and sharing images. Selling, publication or any commercial use of the photographs is not allowed without prior written permission from The Photographer.

Licence

The Photographer shall be granted creative and artistic licence in relation to the choice of locations and poses used. Due to changes of the weather and the availability and willingness of subjects The Photographer will do his best to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. The minimum number of images supplied is 400. The actual number provided will be carefully considered and determined by The Photographer. Images not supplied to The Client are deleted from the systems at point of selection and are not stored in archive.

Orders

Wedding album orders must be agreed and submitted within 120 days of the ceremony if included in a package. This is due to the pricing structure of the album suppliers not being under control of The Photographer. Please allow six to eight weeks delivery once final album design has been approved.

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. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, The Photographer will not be responsible for photographs that are not produced due to technical failure.

Attendance

In the unlikely event of The Photographer being unable to attend your wedding due to unforeseen circumstances, The Photographer reserves the right to appoint another photographer to attend your wedding on his behalf to undertake the wedding photography to his/her best ability.

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.

Insurance

The Photographer holds public liability and professional indemnity insurance with Hiscox Underwriting Ltd of 1 Great St. Helen's, London, EC31 6HX

Governing Law

This agreement shall be governed in accordance with the laws of England and Wales.

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