TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES
In the following terms & conditions "the photographer" shall mean Sarah Escott or any agent/employee of Blue Hare Photography. "The client(s)" shall be those persons defined as bride(s) and/or groom(s) in the wedding booking. 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.
1. Booking Fee / Deposit & Balance Payments
a) A non-refundable booking fee (25% of total package cost) as well as full acceptance of the terms and conditions below secures the time 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 booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due 4 weeks before the wedding day. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s).
b) Any additional photography coverage required, (agreed prior to, or on the day of the wedding) will incur a fee of £150/hr, and will be included either in the final invoice prior to the wedding date, or in a subsequent invoice following the wedding date, dependent on when the agreed additional time was added. The photographer will not charge any extra for a reasonable overtime on the day.
3. Wedding Arrangements / Change of Date or Venue
a) If the client(s) should have to cancel a booking, the retainer and any other fees already paid cannot be refunded.
b) The client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
c) The client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.
4. Cancellation
a) The client may cancel this contract at any time by giving written notice to the photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full becoming due. All cancellations must be in writing.
b) In the unlikely event that the Photographer cancels, all monies paid will be fully refunded via a nominated bank account within three (3) business days, accompanied by a list of recommended substitutes.
5. Copyright
a) The Copyright Designs and Patents Acts assign the copyright of the images to the photographer. The photographer assigns full usage rights/print rights to the client for personal use (subject to condition 7). The client may reproduce, copy and distribute the photographs.
b) Suppliers from the day can use images for their portfolio. The image must be credited to Blue Hare Photography, and they must email the photographer to arrange usage rights for the images they wish to use, to be able to compile with GDPR.
COPYRIGHT LAW: English Copyright Law declares that the copyright remains with the photographer. The photographer grants the client(s) permission to make copies of the images under the following conditions: The images taken by the photographer are for personal use by the client and their friends or family; selling the photographs is not allowed without permission from the photographer. The client(s) will not have access to any unedited raw image files. The Photographer has unrestricted use of these images and can use them wholly or in part in any publication (commercial or otherwise), portfolio or public display with any retouching or alteration without restriction. At events, it is the client’s responsibility to notify guests of this unrestricted use; that attending the event acts as a model release. The client(s) hereby assigns the photographer the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from use of images. Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be edited or have filters applied to them. Images may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Images may not be made available for download.
6. Licences, coverage & reproduction
a) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with the client(s) requirements.
b) The photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
c) For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.
d) For a wedding or other event the photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments may not be recorded for logistical reasons.
e) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print. 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 of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
f) Due to the limitations of computer monitors it is understood that: (1) images appear differently according to the specification of each monitor; (2) prints will not match images rendered on any particular computer monitor.
g) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
h) Exclusivity. It is agreed that the photographer(s) shall be the sole professional stills photographer on the wedding day. Although the photographer will encourage the use of cameras throughout the wedding it is agreed that the photographer shall reserve the right to ask guests to refrain from taking photographs in the event that their activities are corrupting the official photography in any way.
i) Images are not to be edited by anyone but the photographer, this includes Instagram filters or anything that might alter the look and style, or change integrity of the photography work, unless this has been otherwise organised with the photographer.
7. Privacy & Display
a) The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, social media, websites, blogs, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s). This list is not exhaustive.
b) Blue Hare Photography may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
8. Complaints
Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, USB, albums, frames and any other special services that have been agreed.
9. Force Majeure or Act of God
a) The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control (e.g sudden illness/injury/ victim of crime, flooding). 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.
b) In the unlikely event of the Photographer being unable to attend your wedding, as much notice as is possible would be given and we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. And if this is impossible we will do all we can to a sensible amount to help you source another photographer i.e. by providing a list of other professional photographers in the area.
c) In the unlikely event of cancellation by the photographer(s), or of total photographic failure (although re-shoots may be arranged if practicable) the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
10. Limitation of Liability
a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 months from the wedding date at one site.
b) 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 refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
c) Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 12 months of the date of the wedding will lapse without value unless otherwise agreed in writing.
11. Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
12. Insurance
a) Blue Hare Photography is covered by full Public Liability and Professional Indemnity insurance. More information can be requested.
b) The client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
13. Meals, refreshments & breaks
A meal/lunch is much appreciated please if working over 6 hours, often it is hard to have a chance to get food and going off site is not always possible. The photographer will take a short break when guests are eating, and will eat away from guests. Where coverage has been agreed to include a photographers assistant, the same conditions apply for this individual. NOTE: it is normal practice to provide meals for your other wedding vendors e.g. toastmaster, DJ, videographer, band, magician.
14. Governing Law
This agreement shall be governed in accordance with the laws of England and Wales.
BY PAYING THE DEPOSIT YOU ARE SECURING THE DATE YOU HAVE REQUESTED AND AGREEING TO THE TERMS AND CONDITIONS