TERMS AND CONDITIONS OF CONTRACT
FOR
WEDDING PHOTOGRAPHY SERVICES
In the following conditions of contract “the photographer” shall mean FS Imaging, its affiliated companies, Affiliated Photographers or subject to condition 7b) below, any photographer(s) appointed by FS Imaging “The Clients” shall be those whose name appears on the contract. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the photographer in writing.
1.Copyright: The 1988 Copyright Act assigns the copyright of the images to the photographer. It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or without his consent. However consent is given providing the following terms are met :
(a) The client is satisfied with the images provided and has accepted the terms of this contract.
(b) The use of the images in no way, expressed or implied brings shame, disrepute or embarrassment to FS Imaging, or its affiliated companies/Photographers.
(c) Credit for the photograph is not falsely claimed by another Individual/Company.
Consent is automatically refused if the client disputes the above mentioned points, if in doubt it is essential that clients contact me regarding copyright issues.
2. Display: The Clients hereby allow the photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients. Images placed in hidden galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries. Whilst the clients views on the publication of images relating to him/her are important to me and will be duly considered be aware that the over rights to publication remain with the photographer.
3. License and Coverage:
a) The photographers shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients´ requirements, the photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b) For bookings involving a church ceremony or at certain other venues, photographers´ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The photographer cannot accept responsibility for limited coverage in such cases.
c) Whilst the photographer shall endeavour to fulfil all the Clients´ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
d) Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of the photographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the photographer is not liable to compensate the client(s) in any way whatsoever.
4. Image Reproduction:
a) Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) Where images are made available for use with a personal computer the default operating system shall be Windows. Products may not function on other operating systems. Image types supplied shall be limited to a low compression jpeg format to allow for larger printing.
e) All print and presentation sizes quoted are approximate and subject to the discretion of the photographers.
5. Payment and Prices:
a) A non-refundable booking fee of £100 (Deductible from the final balance) is required to secure the photographer’s services for the day, with the balance due 6 weeks prior to the event.
b) Reprint prices are subject to change without notice.
6. Force Majeure : Whilst every care is taken, this contract is subject to alteration or cancellation by the photographer owing to any cause/s beyond his reasonable control, i.e Act of God, Fire, War, Road closure, Illness etc. Furthermore whilst every effort is made to preserve the images captured, the photographer can not be held accountable for failure / theft of vital equipment eg Memory card malfunctioning.
7. Limitation of Liability – In the unlikely event that you are not satisfied with the images produced FS Imaging and at the photographers discretion will offer clients a full refund of any monies paid, neither the photographer nor FS Imaging shall be liable for further costs either directly or indirectly incurred and the client accepts this fact. Any complaints must be submitted in writing and addressed to FS Imaging not more than 28 days after your wedding. By accepting any prints and/or image downloads/usb you are stating that you are satisfied with the work produced and waiver any right to future complaint. To prevent copyright theft once images either digital or print leave the studio the client agrees they are satisfied with the work provided. In cases of dispute FS Imaging, may request either the Society of Wedding and Portrait Photographers or the British Professional Photographers Association to review the images provided and comment upon the quality, this is done so on the condition that the decision reached shall be final and binding upon both parties.
8. Cancellation / Postponement:
a) In the event of cancellation by the photographer, or in the highly unlikely event of total photographic failure, the photographer’s liability shall be limited to a full refund of any monies paid. Re-shoots may be arranged if practicable but the photographer will not be responsible for any further costs.
b) The photographer will endeavor to contact other photographers in the unlikely event that they are unable to attend your booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) If the Clients should have to cancel a booking the following cancellation fees will become due immediately:
1.The booking fee of £100 will be forfeited on all cancellations.
2.Cancellations between 6 weeks and 6 months prior to the wedding date incur a charge of 50% of the package booked.
3.Cancellations made within 6 weeks of the wedding incur the full cost of the photographic service booked, including optional additional attendance.
4.Where the photographer is able to re book the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
6.In the event of postponement, then at the discretion of FS Imaging, and subject to availability, monies other than the booking fee may be applied to the new wedding.
7.It is essential to inform the photographer as soon as possible of any changes of venue, times, or contact details etc.
8. Cancellations must be in writing or via email. The working day the email is received is classed as the notification date.
9. Medical and safety issues – FS Imaging will not be responsible for any medical problems arising from the photography services offered. Whilst every effort is made to ensure client safety we ask that common sense is exercised on the part of the client/guest. Any medical condition which could affect photography proceedings must be put in writing prior to your wedding so that the Photographer is clearly aware of any health and safety issues. Eg. If any member of the wedding party/wedding guests could/is affected by the use of flashing lights FS Imaging MUST be informed prior to the wedding. Furthermore the photographer must be informed of any relevant previous injuries and we insist that no client does any action they consider could be damaging to their heath and well being (Eg Picking up a bride if you have a back/Spinal condition/Jumping if you have a knee condition). Clients accept by not informing us of any health problems they are in violation of this contract and accept FS Imaging will not be liable unless medical conditions are stated before your wedding.
10. Albums, Prints and/Or other products –
Album, Prints and other materials are sourced from independent suppliers, therefore FS Imaging reserves the right to increase these prices without notice should the independent supplier(s) increase prices themselves. Prices displayed for these products are correct only on the day of publication and price increases may occur at a later date.
11. Discontinuance of Service : In circumstances where violence, sexism, inappropriate sexual behaviour and/or extreme bad language are used against FS Imaging, Its staff or any of its affiliated photographers FS Imaging reserves the right to cancel the services offered to the client immediately and without refund and without notice.
FS Imaging reserves the right to modify these terms at any time. By Making any booking with FS Imaging the client is stating that they have read and understood these terms and conditions and accept them in full.
I have read and fully understood these terms and conditions and agree to accept and comply with all of the stated terms described above.