CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES
It is agreed that the following terms and conditions set out the entire 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 following definitions shall apply:
“Cancellation Fee” means the Booking Fee only where cancellation occurs more than four (4) weeks prior to the date of the event or the total Agreed Fee where cancellation occurs less than four (4) weeks prior to the date of the event. The Parties agree that this represents the Photographers reasonable expenses and losses in the event of cancellation.
“Client(s)” shall be those persons defined in the wedding booking form.
“Photographer” shall mean Kristy J Ranson.
“Wedding Booking Form” means the form with the details of the event as completed by the Client(s).
- A non-refundable booking fee of £200 (the “Booking Fee”) is required to secure the time and services of the Photographer for the date and event as specified in the Wedding Booking Form. Unless otherwise specified herein, the Booking Fee is non-refundable or transferable in the event of cancellation.
- The Booking Fee will be deducted from the total cost of the client’s chosen package (the “Agreed Fee”) when calculating the final balance due. Payment of the final balance of [£INSERT] must be paid in full a minimum of four (4) weeks prior to the date of the event as specified in the Wedding Booking Form.
- Payment for additional attendance hours (part or whole at £150 per hour) where agreed in writing, but which may not be known accurately at the time of Contract signing, must be made a minimum of seven (7) days prior to the wedding.
- The Agreed Fee is for the original job description as presented by the Client. Subsequent changes or actual job conditions may result in additional charges. Photographer shall seek approval of additional expenses whenever reasonable and appropriate.
- Photographer’s fee is for Photographer’s time as described in the Client(s) chosen package. Photographer agrees to minimize any and all unexpected expenses. Nevertheless, unexpected expenses shall be added on as an addition to the originally estimated total and shall be invoiced accordingly.
- No Photographs, Albums, USB Memory Stick or Additions will be delivered until all payments due have been paid in full.
- Payment can be made in cash or by bank transfer (BACS). No other methods of payment will be accepted.
Cancellation or Termination
- Where a wedding is postponed by the Client(s), the Photographer may transfer the Booking Fee and any other payment made to a later date where the Photographer is reasonably able to accommodate the re-scheduled date and time. Where the Photographer is unable to accommodate the re-scheduled date and time, the Cancellation Fee shall apply. Where the event is postponed and successfully re-scheduled, additional expenses reasonably incurred by the Photographer shall be payable by the Client(s).
- The Client(s) may cancel this contract at any time by giving written notice to the Photographer.
- Either party may terminate the agreement immediately by giving written notice to the other party if the other party commits any material breach and:
(a) the breach is not remediable; or
(b) the breach is remediable, but the other party fails to remedy the breach within 14 days of receipt of a written notice requiring it to do so.
- The Photographer may terminate the agreement immediately by giving written notice to the Client(s) if the Client(s) fails to pay in full and on time any amount due to the Photographer hereunder.
- If the Engagement is terminated by the Client(s) under Clause 10, then the Customer shall be entitled to a full refund of the Booking Fee and any other fees previously paid to the Photographer and released from any obligation to pay any further fees to the Photographer.
- Save as expressly provided in Clause 10, upon the termination of this agreement for any reason, the Cancellation Fee shall apply.
- The complete details of the wedding event are to be agreed between the parties in writing (email is acceptable) where such details have not been included in the Wedding Booking Form. The Client(s) shall notify the Photographer of any changes to these details in writing.
- The Client(s) will be responsible for obtaining any permissions, permits, licences or consents reasonably required for the performance of the services hereunder, and will provide to the Photographer copies of the same promptly.
- In the event that the Photographer is unable to attend your wedding event due to unforeseen circumstances, the Photographer reserves the right to appoint another suitable Photographer(s) as a substitute to attend the wedding event to undertake the photography services hereunder to his/her best ability.
- The Photographer is not responsible for the behaviour of the Client(s) guests or securing cooperation of such guests. The Parties agree that any abusive behaviour directed at the Photographer will not be tolerated.
Copyright and Licence
- Further to the Copyright, Designs and Patents Act 1988 the copyright of the images is assigned to the photographer. Any 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, Designs and Patents Act 1988. It is contrary to the Act for the Client(s) to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of the Photographer in writing.
- The Photographer 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. It is agreed by the Parties that it may not be possible to capture all of the images requested by the Client(s).
- The client(s) hereby allow the photographer to display any image created further to this agreement and to generally utilise such images to promote the Photographers business in advertising, brochures, magazine articles, websites, social media, sample albums etc.
- 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 fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. 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.
- 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(s) for preview shall be deemed correct.
- All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Bespoke USB boxes/print boxes and Albums.
- These are complimentary to the package and are made after the choice of images. The image choice must be made within eight (8) weeks of the delivery of the final choices for the product. The photographer reserves the right to change the product or offer another product of the same high quality. As the product is complimentary there is no refund or exchange available on the product. Any copies will be treated as a reorder and separate from the contract.
Third Party Printing
- The Photographer expressly excludes to the fullest extent permitted by law, any responsibility or liability for colour balance or quality of any prints reproduced from the supplied USB Memory Stick by any third party including but not limited to high street photo processing shops.
- No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing any term of this agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control.
- For the avoidance of doubt, Force Majeure shall not include weather or the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement.
Limitation of Liability
- Except to the extent such liability may not be limited by law, the liability of the Parties howsoever arising shall be limited to the sum of the Agreed Fee and any other fee payable hereunder. Neither party shall be liable for any indirect or consequential losses.
- For the avoidance of doubt, although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographers liability is limited in accordance with Clause 28 above where photographs are not produced due to technical failure.
- Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images.
- The Photographer will store your name and wedding details on a database for the purposes of fulfilment of the terms of this agreement and the ordinary business purposes of the Photographer. These details and the database will not be made available to any third party without the Client(s) prior written consent.
- This agreement shall be governed in accordance with the laws of England and Wales.