Wedding Photography Terms and Conditions
The following words or expressions shall have the meanings stated:
‘the Photographer(s)’ means Essex Wedding Photos trading as “Jonathan Owen Media”.
‘Images’ means all photographs, prints, transparencies, images, negatives, digital scans, digital files, albums, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
‘Price’ means the price as agreed at the time of the booking.
‘Contract’ means the agreed (wedding) package and timings between Photographer and Client of which these terms are an integral part.
1. Exclusive Photographer.
The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
2. Wedding Booking Fee
The Booking fee of 20% secures the time and services of the photographer(s) for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by “Essex Wedding Photos” due to cancellation. Cancellation of a wedding booking less than 12 weeks before the booked wedding date will result in the full fee becoming due. Weddings that are postponed to a later date will retain the fee as long as The Photographer(s) can re-schedule for the new date and time.
3. Wedding Payments
Following payment of the booking fee, the balance of fees due are to be paid 14 days prior to the wedding. Final photographs, Albums, CD’s and DVD’s will not be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
4. Special Requests/Coverage
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instructions, although every effort is made to comply with client’s wishes. All special requests must be made by the client in writing to “Essex Wedding Photos”.
All image sizes are nominal. “Essex Wedding Photos” will provide an acceptable colour balance but cannot guarantee exact colour matching.
Although “Essex Wedding Photos” will do their best to produce a certain amount or more images as discussed with the client, there is no guarantee that any particular number of images will be produced.
Retouching, digital manipulation and artist finishing is 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.
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 and Design Act 1988. It is contrary to the Act 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(s) in writing.
All chosen and final images will be supplied to the client on CD or DVD which will include a copyright release for those photographs, allowing the client to print their own copies of such images as included on the CD or DVD for personal use by the bride and groom and their friends and relatives. Selling, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographers.
10. Negatives/Digital Files
Negatives/digital files remain the property of “Essex Wedding Photos”.
The Photographer(s) shall be granted complete artistic licence including 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 and final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
12. Model Release
The Client(s) grant the Photographers and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the images for editorial, competition, advertising and any other purpose and in any manner, to alter the images without restriction; and to copyright the images. The Client(s) hereby release the Photographers and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
13. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographers owing to any cause beyond their control (eg acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid.
In the unlikely event of the assigned photographer(s) is/are unable to attend your photography session due to unforeseen circumstances, we reserve the right to appoint another photographer to attend on our behalf to undertake the photography to their best ability.
15. 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 “Essex Wedding Photos” but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before a booked wedding date will result in the in full payment becoming due. The said sum shall be payable as compensation as the loss “Essex Wedding Photos” would suffer.
17. Prices & Packages
All prices and packages can be changed at any time.
18. Delivery policy
Standard delivery of prints is via Royal Mail within seven working days. Photographs delivered via electronic means is within 48 hours. Urgent orders will be dealt with earlier if we are informed, on order, of any urgency.
Delivery of all other products such as canvasses and albums will be confirmed at time of placing the order.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the client or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
Failure by the client to pay for any delivery when due shall entitle us to withhold further deliveries and the client shall be liable for any costs incurred by the Supplier relating to such Goods which the Supplier is then entitled to withhold.
Delivery of the Goods shall be made to the client’s address and the client shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery, alternatively we can arrange for the client to pick goods up at our address.
19. Refund Policy
We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.
Any complaints should first be raised by the Client with “Essex Wedding Photos” in writing no later than 21 days from the date of receipt of images.
1. Personal Information
On some of the “Essex Wedding Photos” Web pages you can order products and make requests with reference to site content. The types of information collected at these pages are name, address, contact and billing information, transaction, and credit card information. All personal Information we collect from you to complete transactions and process any of your online purchases are used to communicate back to you, update you on our service and benefits, to provide you with information regarding our products and promotions, to support your use of our services. You always have the right to choose whether or not to provide information about yourself to “Essex Wedding Photos”. If you choose not to provide such information, you may be restricted on what is accessible on the site and will not be informed of any upcoming events or offers.
2. Credit cards and Online Payments
“Essex Wedding Photos” do not store any Credit/Debit card numbers. They are only used to process payments and are not retained for any other purpose. The information may be disclosed only to our staff and to third parties involved in the completion of any transaction or the delivery of orders placed. All Card transactions for the “Essex Wedding Photos” site are conducted using PayPal.