TERMS AND CONDITIONS
1. ENTIRE AGREEMENT
This agreement contains the entire understanding between Rob Georgeson Photography ‘The Photographer’ and the Bride and Groom ‘The Client’. It replaces any prior agreements that may have been made.
A signed wedding photography contract (this document) and payment of the booking fee are necessary to confirm the wedding services detailed above from Rob Georgeson Photography.
All photographic services and any optional extras specified in this contract which are to be paid for in full before the wedding are supplied at the prices agreed on the date of signing of the contract. Any optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
The Client shall be liable to pay any additional expenses incurred by The Photographer not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-UK addresses.
A booking fee for the amount of £250 (paid by cash or online bank transfer) along with a completed contract shall confirm a booking. The booking fee forms part of the total cost of the package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The booking fee secures The Photographer’s services for the day and is non-refundable in any event. The Photographer shall decline any other enquiries for the date upon receiving this fee.
It is The Client’s responsibility to ensure payment for any outstanding balance is paid in full no later than 4 weeks prior to the contracted date.
5. CANCELLATION FEES, DATE AND PACKAGE CHANGES
In the event that The Client should have to cancel a booking, the booking fee and any other fees already paid cannot be refunded and the following cancellation charges shall apply:
A cancellation less than 28 days prior to the wedding date stated above, 100% of balance outstanding shall be payable.
A cancellation 29 to 90 days prior to the wedding date stated above, 50% of balance outstanding shall be payable.
Any notice to make a cancellation must be given as soon as possible. A telephone call (including voice mail) is acceptable to inform The Photographer as soon as possible; however this needs to be confirmed by e-mail within 3 days of the cancellation.
The Client is hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.
The Copyright Designs and Patents Acts assign the copyright of the images to The Photographer. The Photographer assigns limited rights to The Client. The Client may reproduce, copy and distribute the photographs for personal use only. This is known as a ‘license to print’.
The Client is not authorised to copy and/or pass any photographs or derived products to any third party person and/or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer). This includes other vendors booked by The Client for his or her wedding.
8. GOVERNING LAW
Any contract made between The Photographer and The Client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
The Client agrees to the Terms & Conditions of this contract once the booking fee has been paid and a signed copy of this contract has been provided to The Photographer.
The Client and The Photographer consent to cheerfully cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. It is recommended that The Photographer is provided with a helper (usually the best man) who shall point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organising family groups. The Client also agrees to give The Photographer sufficient warning of key events at the wedding to give The Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases The Photographer shall use his discretion but cannot be held responsible for a lack of photographs of these people.
10. THE SCHEDULE
The shooting schedule, style of working and experience are designed to achieve a pleasing set of wedding photographs for The Client, accomplished with good humour and enjoyed by all concerned. Both The Client and The Photographer therefore agree that punctuality and cheerful cooperation are essential to producing the best possible photographic results. In cases were the wedding does not run on time (for example, extreme lateness by the bride arriving to the church) The Photographer cannot guarantee to take the normal set of photographs although in such circumstances The Photographer shall do his best to work around any hurdles.
11. PAPARAZZI WEDDING GUESTS
Many of your guests may have digital cameras and may want to photograph the bride and groom. In the spirit of cheerful cooperation The Client agrees to give The Photographer precedence over your guests in order to take the photographs required for the wedding services described above.
The Photographer cannot be held liable for a lack of wedding photographs if The Photographer’s work has been continually interrupted by guests taking their own photographs of the bride and groom.
12. HOUSE RULES
The Photographer may sometimes be 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 may insist that The Photographer shoot from a specific location. The Photographer advises The Client to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
13. FORCE MAJEURE
The due performance of the contract is subject to alteration or cancellation by The Photographer owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding etc).
The Photographer may contact other photographers in the event that they are not able to attend your booking due to the above clause. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
In the event of cancellation by The Photographer, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) The Photographer shall not be responsible for costs in order to stage re-shoots. The Photographer’s liability shall be limited to a full refund of any deposits and fees paid.
14. LIABILITY FOR CLIENTS PERSONAL EFFECTS / DUTY OF CARE
It is The Client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer does not accept liability for items left with the photographer for any reason. Any items left with The Photographer are left entirely at The Client’s risk. The Photographer does not accept any consequential loss for items left with The Photographer.
The Photographer may suggest suitable and reasonable particular set ups for photographs to The Clients and it is assumed The Client accepts liability (including with respect to The Client’s own Health & Safety) for those photographs should The Client agree to The Photographer’s request.
The Client accepts liability for The Photographer’s health and safety whilst The Photographer is working in client homes. This includes but is not limited to the homes of family members. Where The Photographer feels unsafe, personally uncomfortable or assess’ the risk to be unacceptable The Photographer shall inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved The Photographer reserves the right to leave immediately without further notice.
The Client shall advise any other venues that they are responsible for The Photographer’s health & safety and The Photographer shall take all reasonable and sensible precautions whilst on the premises of other suppliers / venues etc.
15. LICENSES, COVERAGE AND REPRODUCTION
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct. The Photographer shall not be held liable for photographs that do not, for whatever reason, meet The Photographer’s quality criteria and are not shown to The Client.
The Photographer shall endeavor to photograph all individuals as requested by The Client at some point, but no responsibility shall be taken by The Photographer on the occasion of leaving somebody out.
For a booking involving a church ceremony or at certain venues, The Photographer’s movements are sometimes restricted by the official in charge. The area from which The Photographer is able to cover the ceremony may not be The Photographer’s choice and The Photographer cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.
During a wedding The Photographer shall endeavor to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
Where The Client provides a list of specific photographs to be taken it is incumbent upon The Client to ensure the list is in an order that is logistically possible and manageable. The Photographer shall make reasonable effort to ensure all photographs from the list are captured however this shall be dependent on conditions on the day (i.e. the co-operation of The Client and their guests, weather conditions, time available, restrictions presented by the venue).
Please note that any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of The Photographer and in some circumstances (such as the change of ceremony date for a wedding) The Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances The Photographer is not liable to compensate the client in any way whatsoever.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and prints may not match images rendered on any particular computer monitor.
16. IMAGE MANIPULATION
The Photographer shall apply a range of standard image manipulation techniques to The Client’s wedding photographs. This includes, but is not limited to colour correction, exposure adjustment, sharpening and black & white conversions.
The Photographer reserves the right to refuse requests for any photo manipulation where, in the opinion of The Photographer, the requests are excessive or not in keeping with The Photographer’s established style of photography.
The Photographer may store your data on a private internal database. This data shall not be made available to outside companies or individuals. Should The Client wish to have your data removed from the database, please advise in writing and retain your confirmation.
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, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to The Client.
19. LIABILITY FOR DIGITAL FILES AND PRODUCTS
The digital files shall remain the property of The Photographer and shall be kept by them for not less than 24 months from the wedding date at one site.
Should digital files be lost, damaged or destroyed The Photographer’s liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by The Photographer. No refund shall be due for any digital files lost, damaged, or destroyed after 24 months from the date of the wedding.
It is The Client’s responsibility to inform The Photographer of changes to address to which the final product is to be delivered.
20. PLACING AN ORDER AND RECEIPT OF GOODS
Where a booking includes the provision of a wedding album the delivery of the final product shall take place approximately 60 to 90 days following final approval of the album design by The Client. A more specific delivery date may be provided by The Photographer on a case by case basis where the information is available.
The Photographer must be notified either by telephone or e-mail within 3 working days of the client being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.
Due to the nature of the product The Photographer is unable to give exchanges or refunds. This does not affect your statutory rights.
21. ALBUM DESIGN
Every effort shall be made to accommodate specific requests for album design and layout by The Client however the final artistic decision lies with The Photographer.
An initial draft of the wedding album design shall be made available to The Client to request approval to send to print. A reasonable number of changes to the design may be requested by The Client by e-mail prior to the album being sent to print. Any changes requested after final approval has been received from The Client cannot be accepted.
Any complaints must be received in writing within 7 days of receipt of products purchased (including digital products). This includes photographs, discs, albums, frames and any other services that have been agreed.
23. REPLACEMENT PRODUCTS
Where The Client’s wedding package includes copies of all edited images, The Client is advised to make a backup copy. The provision of additional copies of such images by The Photographer shall incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of request.
We agree to these terms and conditions