Terms & Conditions | Prestige Photography

TERMS &

CONDITIONS

TERMS & CONDITIONS – WEDDINGS

SUMMARY

Firstly, many thanks for choosing me to be your wedding photographer. I realise the importance of great photography for your special day. I want to do everything I can to provide the very best service for you. I will always do my very best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, I hope you won’t find any very complicated legal terms. I have no desire to trick you into signing something that you might later regret.

The best work comes out of great relationships. Honesty, respect, and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust if you have any questions, comments or concerns then please do get in touch with me!

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.

DEFINITIONS
1. “The photographer(s)” or “I” shall mean the photographer Ryan Dawson, or any employee of Prestige-Photography
2. ”The client(s)” or “You” shall mean those persons defined as bride and groom in the wedding contract.
3. The “Contract” means the contract signed by you and incorporates these terms and conditions.
4. “Wedding” shall, if the context so requires, be deemed to be a reference to a civil partnership ceremony or any other analogous ceremony.
5. “Photographs”, “images” and “works” means all photographic material taken or produced by the “photographer”, whether prints, digital files or any other type of physical or electronic material produced by Prestige-Photography.
6. “Contract date” is the date and time contracted for commissioned photography to occur. E.g. The date of a wedding and start/end times for photography or the date of an event and start/end times for photography.
7. “Quotation” is the proposal for commissioned photography issued by the “photographer” detailing pricing and scope of the brief and forms part of these terms and conditions.
8. “Booking date” is the date a booking for commissioned photography is confirmed.

YOUR WEDDING
1. I, Ryan Dawson am appointed by you as the exclusive professional photographer for the wedding. Including any photographers appointed by Prestige-Photography.
2. The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The client shall notify the Photographer of any changes to these details in writing. The Photographer(s) cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.

AFTER YOUR WEDDING AND DELIVERY OF PHOTOGRAPHS
1. I will supply you with your images in an online gallery as soon as is reasonably practicable after the wedding but I cannot guarantee precise timings.
2. Prints and products should be ordered by you and your guests within 12 months of the wedding. After this time I cannot guarantee being able to fulfil order and any order which I do fulfil will be subject to my then current price list.
3. Raw files, negatives, film and digital media files remain the property of the photographer.
4. I reserve the right to share only those images that I deem to be representative of my highest standards. Files that are rejected by the photographer because they do not meet those standards will not be shared with the clients.

SPECIAL REQUESTS
1. Any special request not notified on this booking form must be made by the clients to the photographer in writing.
2. I ask you to note any special requests in the space on the Contract provided for that purpose. I will endeavour to accommodate any reasonable requests made by you but cannot guarantee to be able to do so. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.
3. Reasonable efforts are taken to photograph family and friends in group shots, however these will only be taken if time and weather permit. No responsibility is accepter for any specific individuals missing from group shots, for whatever reason. However, I will, at my discretion, attempt to meet reasonable requests. The clients will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer(s) or Prestige-Photography will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph. The clients are also responsible for identifying any individual(s) that does not desire to be photographed.
4. I will discuss with you your general requirements and wishes in relation to the taking of the photographs. You should be aware that it may not be possible for these to be followed due to factors such as weather conditions, lighting conditions, the subjects being photographed and time constraints. You, therefore, grant me full and unfettered artistic licence in relation to the content of the photographs, their arrangement, composition, location and the number of photographs taken.
5. The clients understand and accept 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.
6. Photographs will be taken against the available backgrounds. Please note that I cannot move objects or perform other cosmetic duties on location.
7. The photographer is limited by the guidelines of the ceremony official or the reception site manager. The clients agree to accept the technical results of their imposition on the photographer. Negotiations with officials for moderation of guidelines is the clients’ responsibility.
8. Every effort will be made to provide an identical colour balance between photographs but this may not always be possible due to factors such as lighting conditions and digital sensor limitations. Prints made on different occasions or in different sizes may also vary. Accordingly, no warranty is given that an exact colour match can be provided. All image sizes are nominal.
9. The clients acknowledge that they are requesting services at the photographer’s expertise; that photographer’s work is constantly evolving; that photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the photographer in the past; and that in creating the photos, the photographer shall use his personal artistic judgment to create images consistent with his personal vision of the event. Accordingly, client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

COPYRIGHT
1. 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 my property and 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 in writing. No images created as part of this Contract may be copied, shared or reproduced in any way without my express prior permission.
2. I reserve the right to use or display any images created as part of this Contract in my studio, as part of my portfolio, at exhibitions, for marketing purposes, or in online galleries. No use of the images will be made by the photographer for other commercial reason except with the written permission of the client.

OWNERSHIP OF MATERIALS
1. Title to all photographs remains the property of the photographer/Prestige-Photography.
2. Prestige-Photography asserts both the moral right to be identified as the author of the photographs and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

PRINTING AND SHARING RIGHTS
1. After receiving your high resolution digital images on USB, disc or digital download, I grant you the right to print the images and display them online for personal use. A folder of ‘web-sized’ images will be available on the disc for online sharing only and where these images display a logo, this logo may not be cropped out or otherwise removed.
2. The images intended for web sharing purposes may not be edited or altered using image editing software.

INHERINT QUALITY
1. The photographer will not be held responsible for damage of albums and prints that were dispatched undamaged.
2. The photographer will not be liable for degradation of images due to poor handling and insufficient care.
3. All albums and images need to be kept at room temperature, stored in a box; away from moisture, heat and direct sunlight all listed will reduce the life of your album and images. The photographer accepts no liability.

REJECTIONS
1. The photographer will edit every take and deliver what it considers to be the best of every situation covered.
2. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
3. The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

CONFIDENTIALITY
1. The photographer acknowledges that in the performances of the services, he may receive information from the client which is designated by the client as confidential. Upon request from the client, the photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.

BOOKINGS, PAYMENTS AND DEPOSITS
1. Final agreed package amount will depend on the precise requirements of the applicant.
2. Prestige-Photography cannot hold your date without the deposit.
3. A non-refundable deposit of 33% of your final quoted price, as well as full acceptance of the terms and conditions, secures the time, date and services of the photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The deposit will be deducted from the cost of the client's chosen package when calculating the final balance due.
4. Payment in full of the remaining 67% balance will be due anytime up until 90 days before the wedding day. Weddings that are postponed to a later date will retain the deposit as long as the photographer can re-schedule for the new date and time. It is your responsibility to pay the photographer when monies are due, by bank transfer, cheque or cash.
5. The deposit is made payable to Ryan Dawson / Prestige-Photography at the time of booking, once cleared, Ryan Dawson and any photographer appointed by Prestige-Photography will be the sole photographer(s) for your big day and will not book any other weddings on that day.
6. Deposits will be agreed in written and/or verbal form prior to a commission agreement exchange.
7. Deposits are non-refundable in the event of client cancellation, except in exceptional circumstances.
8. The Photographer reserves the right to cancel the commission agreement. In this unlikely event the deposit will be refunded to the client. The deposit fee amount will be variable depending on the total commission value.
9. Photography time over the agreed time as stated on the contract, will be charged at £75.00 per hour and invoiced to the client.
10. Non-payment of the final balance by 90 days prior to the wedding date constitutes a breach of contract from client and late fees may be incurred. Any previous contract will become null and void.

CANCELATIONS AND POSTPONEMENTS
1. You may cancel the Contract at any time by notice in writing. You will then be liable to pay to us compensation based on a percentage of the Package Fee depending upon when the notice is received.
2. Clients have the right up postpone up to 90 days before the contracted wedding day, in the unlikely event that the photographer is not available on the postponed date, the client(s) will receive a full refund of any monies paid to the photographer / Prestige-Photography. If the client(s) choose to postpone within 90 days of the contracted wedding day, in the unlikely event the photographer is not available on the postponed date, the client(s) will receive a 50% refund of all monies paid.
3. The client(s) will receive a full refund of all monies paid if they cancel within 7 days of making the booking.

FEES
1. If final payment of the outstanding amount is not paid by 90 days before the contract date of the wedding, there will be a late fee of £15 per week it is not paid.
2. If full balance is not paid by 30 days before the contracted date of the wedding, this breaches contract and the photographer has full rights to cancel and the outstanding amount quoted is still to be paid in full including all late fees incurred.
3. If the client(s) cancel within 90 days of contracted wedding day – the deposit is not refunded. Within 90 days before the contracted wedding day - 75% of the total amount quoted is still to be paid to the photographer. Within 60 days – 50% of total amount quoted to be paid to the photographer. Within 30 days – 100% of the total amount quoted is to be paid to the photographer.
4. Shipping fees may be applicable when ordering additional prints, albums, DVD’s or other photographic material/products offered by Prestige-Photography.

TRAVEL, ACCOMODATION AND EXPENSES
1. No additional travelling expenses will be incurred unless previously stated.
2. Prestige-Photography will recover the cost of any accommodation expenses and fuel where ceremony is at a distance of 30 miles or more. Fuel will be charged at 45p per mile. If train or plane tickets are required, they will be invoiced at the full amount.
3. It may be necessary to travel on the evening prior to the wedding to avoid traffic and other problems also it may be necessary to stay overnight where a wedding runs late. The cost of accommodation shall be reimbursed from the client with regards to late and distant weddings.
4. Where the location is at a long distance, it is at the photographer’s discretion if an overnight stay or flights are required.

MEALS AND REFRESHMENTS
1. Food and beverages must be provided to all accompanying photographers where attendance is over 5 hrs.
2. The photographer(s) will have a 30 minute break to eat at the same time as the client(s) and guests eat. No photographs will be taken during this 30 minute period.

FORCE MAJEURE OR ACT OF GOD
1. If the photographer cannot deliver the wedding or event, due to a fire, emergency, death to the photographer, act of terrorism or crime, sudden illness, natural disaster, road hazards, heavy traffic conditions, flight delay or cancellations, act of God, or a cause beyond the control of the parties then the photographer shall return all payments, not including the on-refundable deposit, product payments or expenses already incurred, to the client, and shall not have further liability.
2. 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.
3. The client accepts full responsibility for their safety, personal injury, personal losses or loss or injury to their animals, property, and belongings, and to loss, injury or damage caused by the client to third parties and their animals, property and belongings during the period of the commission, event, workshop or one-to-one tuition. The photographer will not accept liability for any claims or dispute arising from this Clause.
4. Any damage to the photographer’s equipment by the client or the client’s guests, staff, sub-contractors or suppliers is to be repaired or replaced, if beyond repair, at the client’s expense, and the client will also be responsible for any subsequent loss of earnings whilst repairs are undertaken. Cost of replacement equipment are at the discretion of the photographer and will be payable within 14 days after the date of damage which will be issued as an invoice to the client. Repair costs will be payable immediately as the fees to the repair companies become due and will be issued by the photographer to the client as an invoice.

COMPLAINTS
1. In the unlikely event of any complaint with regards to the photographer(s) service, all complaints should be raised by the client, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images
2. Should the photographer, during the course, of the commission experience any inappropriate, threatening, hostile or offensive behaviour (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) from the client or the client’s contractors, guests or representatives that the photographer may request the offending person(s) to be removed. The photographer has the right in this circumstance to cancel the commission without notice and the client forfeits the right to any refund.

CONDUCT
1. The Client shall be responsible for the behaviour of any persons attending the wedding. The photographer reserves the right to terminate any assignment without notice if he deems the clients’ behaviour to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause Q.2 of these Terms and Conditions. The client will fully reimburse the photographer or his agents for any loss/damage they cause to property or equipment.

WAIVER
1. Neither the demand for, nor the acceptance of payment, made under these terms and conditions, nor the failure by the Photographer to enforce any of the terms and conditions at any time, or for any period, will release or exonerate or in any way affect the liability of the Client or be a waiver of these terms and conditions.

VARIATIONS
1. These terms and conditions if varied will be presented for agreement in writing. The Photographer reserves the right to amend these terms at any time.