Wedding Photography Terms & Conditions – Laura Rachel Photography
In the following Terms and Conditions: “Business” shall mean Laura Rachel Photography; “Client(s)” shall mean “You” the Parties to the Contract; “Event” shall mean the Event title inserted into the Contract; “Photographer(s)” shall mean Laura Rachel Photography and Photographers; “Products” shall mean any discs, albums or other items listed in the Contract; “Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract; It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions. By paying the deposit you agree to all Terms and Conditions.
Booking Fee (Deposit): The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. If no Booking Fee is received even with signing the Contract then the Photographer may offer the Date of Event to another client. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Payments: Laura Rachel Photography will be in contact with you approximately 4 weeks prior to your Event to collect the final balance. All payments must be received in cleared funds prior to the Event. No payment within 14 days of the event, we will cancel our services. Failure to make payment by the dates stipulated may result in cancellation. All cheques should be made payable to Laura Westley. Bank Transfer (BACS) payments may be accepted by prior arrangement. Late payments (2 weeks before event) or returned cheques will attract an administration charge of £10.00. No photographs or albums will be delivered until all payments have been received in full in cleared funds for products. All payments for photography must be made before the event. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage: The Photographer(s) 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 and/or shot list, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute. For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances. Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects, lack of time or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing.
Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever. The engagement photo shoot is subject to availability and is the Client’s responsibility to book this. The photographers can not be held accountable for not doing an engagement shoot. If you choose to purchase over 10 images they will be posted on USB. Gallery valid for 30 days after the photo shoot, if you do not purchase or pick the complimentary image within this time, these images may be deleted. The engagement shoot (including competition winners; non-booking engagement shoot) is valid for areas in Milton Keynes or within 30 minute drive from the studio. Outside of these areas there will be a charge, or purchase the USB of all images for a discount on expenses. You must pay your own parking fee and your own expenses to get to the shoot. If you cancel, you must give 24 hours notice, or as much as possible to ensure the photographer doesn’t waste a journey. Free engagement shoot for non-booking clients: (competition winners) are only valid for couples who don’t already have a photographer for their wedding date. No images are included in the shoot, these may be purchased separately.
For wedding collections 12 hours and over, the two photographers may be replaced by one different photographer. This will be discussed prior to the event.
Travel expenses will be agreed prior to the event, the cost will be included in the collection price. Any unexpected expenses on the day due to the Client or Guests must be paid for by the Client before receiving the images.
Use and Display of Images: The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and 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 Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. Online password protected galleries are not part of any package and are complimentary to some events and may or may not be available for your package. This can be deleted at any time. Image and Reproduction: All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Where images are made available for use on a USB, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all TVs and computers. Only quality branded USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer cannot be held responsible for damage to equipment resulting from defective media.
Editing and Retouching: Every image provided on the USB is viewed and edited. Some Black and White and other edits may be included but these are complimentary additional and not part of the collection. Editing style is down to the photographer and the individual artist. The client should view other editing work the photographer(s) and editor(s) have done and agree it is the correct style for them before booking. Any Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
Reorders: All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products: In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s). Payment for albums must be paid for before the design is started. If an album is paid for, the Client has 6 months to pick images/choose design/get in touch before there are additional charges. After 12 months the album credit is void and the Client will need to buy an album again. The album design may take a month depending on the time of year.
Deadlines to pick images in time for Christmas is October 1st. We will not accept any late submissions as they will not be printed in time. The office is closed between 20th December-5th January (excluding weddings during this time.)
Ownership: Any negatives and/or digital files (raw) shall remain the sole property of the Photographer(s) at all times. All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
Copyright: 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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
We allow you to print & copy the image (no low-res screen shots or taken on your phone) you must responsibly duplicate images and print at quality labs. You must not sell the images.
Substitution: In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Laura Rachel Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability: The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.
Force Majeure: The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Cancellation: Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s). Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums, up to 31 days before the event, the booking fee, Notice received of 30 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,200 and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer. Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client.
Conduct & Safety: The Photographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted.
Complaints: All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Notices: Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing law and jurisdiction: The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.