Terms and Conditions
These Terms and conditions are between Frances Foster (hereinafter known as the Photographer) and the Clients (named above and hereinafter known as the Couple).
It is agreed that these terms form the total agreement made between parties and that no variation or modification of this contract shall be effective unless agreed in writing by both parties.
These terms & conditions for wedding photography services are effective from the date this booking contract is completed by the Couple and returned to the Photographer.
The Photographer agrees to be in attendance on the date and locations as entered above and to provide the Couple with the photographic package and any extra items selected above.
Booking Fee: A booking fee of £300.00 is required at the time of booking, together with the completed booking form. Dates are reserved only when this booking fee is paid. An unconditional refund policy exists for a period of 14 days from receipt of this contract and payment.
Interim Payment: An 50% interim payment of the remaining balance will be due 6 months before the wedding date.
Balance Payment: The remaining balance will be due 1 month before the date of the wedding.
Payment can be made by bank transfer to: Frances Foster A/c 31484680 sortcode: 40-43-23
Extra hours are charged at £150 / hour, or part-of, billed after the wedding, and only ever as agreed between Couple and Photographer.
Additional, post-wedding, products will not be delivered until full payment has been made for those. These will be sold at current price when an order is placed. All such prices and products may be subject to change at any time without notice.
COVERAGE & SPECIAL REQUESTS: The Photographer agrees that every effort will be made to provide the highest quality photographic services in the prevailing conditions. However, due to the limited and subjective nature of the event, the Photographer can not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions.
The photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the bride, groom or other principles.
The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location.
The Couple understand and accepts that the photographic coverage will be as the Photographer’s professional expertise determines. Special requests are not binding instruction, although every effort will of course be made to comply with the Couple’s wishes.
PHOTOGRAPHIC IMAGES: Images will be supplied in full resolution Jpeg files on a digital platform for the client to download.
The Photographer agrees to have completed digital files available for the Couple within 8 weeks of the wedding date. Upon receipt of image files, the Couple accepts all responsibility for archiving and protecting the photographs.
Any products ordered will be delivered within 8 weeks of the couple signing off on the final design proofs.
IMAGE STORAGE: The Photographer guarantees backup files will be kept for 1 year but does not permanently archive image files. It is the Couple’s responsibility to make sure that digital files are copied to new media as required.
CREATIVE LICENCE: The Photographer shall be granted artistic licence in relation to images captured and locations used, although every effort will be made to comply with the Couple’s wishes. Due to the vagaries of the weather and willingness of subjects for example, it may not be possible to capture all of the images requested.
Images are edited at the photographer’s discretion, and delivered files will not include all images shot. The Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards. The selection of delivered photographs by The Photographer is final.
COPYRIGHT: The Photographer grants the Couple a non-exclusive perpetual personal-use license to print, publish to the worldwide web, and copy the images, subject to the following restrictions. This license is for personal use only. Personal use means non-commercial use of the images for display on personal websites, social networking websites and computers, or for making prints for personal use. The images may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The images may not be used in advertising. The images may not be resold, relicensed, or sub-licensed. Title and ownership, and all rights now and in the future, of and for the images remain exclusively with the Photographer, who may use the images for advertising or promotional purposes at their discretion unless specifically requested not to do so by the Couple.
CANCELLATION: All cancellations must be made in writing.
Should the Couple choose to cancel this contract at any time prior to the wedding date, their booking fee monies will not be returned unless within the 14 day ‘cooling off period’, and the following will be due, depending on time of cancellation (as compensation for loss of earning the Photographer would potentially suffer):
Cancellation 12 months or more until the wedding, no monies are due;
Between 9 months – 12 months, 25% of the remaining balance is due;
Between 6 months – 9 months, 50% of the remaining balance is due;
Less than 6 months, 100% of the balance due.
LIMIT OF LIABILITY, FORCE MAJEURE AND ACT OF GOD: In the unlikely event of total or part photographic failure, death, injury or illness, accident or other unforeseen events beyond the Photographer’s control, the Photographer’s liability shall be limited to a full refund of all monies paid and the Photographer shall not be responsible for other consequential damages, emotional or otherwise. The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control, as recognised by UK law as Force Majeure or Act of God.
SAFE WORKING ENVIRONMENT: The Couple agree to undertake the best efforts to ensure that guests and attendees at the wedding treat The Photographer with respect and dignity and that The Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the wedding commit any instances of sexual harassment, violence, threats or other similar behaviour that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation client shall not be entitled to any refund.
PERSONAL ACCIDENT: Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
HOUSE RULES: Note the Photographer is sometimes limited by rules imposed by venue management as to what can and cannot be done. For example some venues (mainly churches, etc.) insist that no flash photography is allowed, and others will insist that the Photographer’s shoot from a specific location. In such circumstances the Couple agrees to accept the technical limitations that may be imposed on the equipment used. Some venues also require photographic permission / agreements to be set in place. We advise that the Couple makes themselves aware of the rules of the venue concerned, ensures that photography is allowed and if necessary negotiates with the personnel concerned.
SATISFACTION AND ACCURACY: The couple agrees that the work delivered will be of a similar style and calibre to those photographs on the photographer(s) website, and that the Photographer will have complete creative control during the photography shoot and in post-processing. The images will be delivered in JPEG format with a mix of colour and black and white images, as deemed appropriate by the Photographer. No re-editing will be done after the final edited copies are presented to the client. The client agrees that the Photographer can only capture the Event that happens: weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the photographs. The Photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes. If further editing is required, there will be additional costs agreed upon and charged for this additional work.
All parties please note that by the Couple returning this form and a non-refundable booking fee to the Photographer they are entering into a legally binding contract. This contract does not affect their statutory rights.