Wedding Photography Terms & Conditions
I have reproduced below my Terms & Conditions document, which I ask my clients to sign once they have read it and are happy they understand it fully. When combined with the details in the contract, it is designed to protect both parties and make sure you understand exactly what you will be receiving for your money.
1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
2. Booking Fee and Payment. Unless otherwise stated in the contact the Client shall pay a non refundable Booking Fee of £150.00 plus VAT @ 20% (£180 one hundred and eighty pounds) to retain the Photographer to perform the services specified herein. The Booking Fee shall be applied to reduce the total cost and Client shall pay the balance due in two staged payments. The first payment shall be due four calendar months prior to the Wedding date. The second payment shall be due one calendar month prior to the wedding date. If the Client refuses to pay fees when due, Client shall be in default.
3. Cancellation. If the Client shall cancel this Agreement more than four calendar months before the wedding date and the Photographer does not obtain another assignment for that date, any Booking Fee paid to the Photographer shall be retained in full by the Photographer. If the Client shall cancel less than four calendar months of the wedding date and if the Photographer does not obtain another assignment for that date, damages shall be charged in a reasonable amount not to exceed the total cost.
4. Photographic Materials. All photographic materials, including but not limited to digital files, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall where required make previews available to the Client for the purpose of selecting photographs, but such previews shall remain the exclusive property of The Photographer.
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer may give written permission to the Client to make their own reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or editorial use. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
6. Client’s Usage. The Client is obtaining prints and/or digital files for personal use only, and shall not sell said prints and/or digital files or authorise any reproductions thereof by parties other than the Photographer without the Photographer’s written permission. If Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorises Client to reproduce the print in this manner. In such event, Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.
7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, Act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return all monies paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. The Photographer shall not be held liable for failure to obtain any specifically requested images when that failure is due to circumstances beyond his control, for example inclement weather or subject’s failure to cooperate. Photography is a subjective medium and while some people may like an image, others may not. The Client agrees that not all images provided by the Photographer may be to their liking and concede that not every image the Photographer attempts to capture will be successful. Therefore the Photographer will overshoot so that after editing, the contractual obligations of the agreement are still fulfilled. In the event the Photographer fails to perform for any other reason, the Photographer.
8. Number of images. The number (and style) of images delivered to the client shall be as stated in the contract and shall be deemed correct. As stated above, the photographer will overshoot to ensure the contractual obligations of the contract are fulfilled but not all images will be made available to the client. Unless specified otherwise in the contract, the images provided will be mainly in colour with some in black and white. The client may request colour images be converted to black and white and vice versa. Thirty (30) such requests will be carried out free of extra charge. Any additional conversions requested will be carried out at a cost of fifty pence (50p) plus VAT per conversion.
9. Image quality. The images provided shall be of merchantable quality. That is to say they will be fit for ordinary use, the subject shall be in focus and the skin tones will be a believable colour.
10. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
11. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is aware that the quality of prints provided by Print Labs varies and therefore the Photographer is not liable for any failure on the part of any Print Lab to “colour correct” images. Where images are provided on a CD or DVD disc or on a USB, client is aware that, whilst the data on these media will be intact at time of supply, no guarantee can be given that the data on said media will remain intact in future years.
12. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
13. Image selection and sign off. In the unlikely event that images have not been selected and/or the final album design has not been signed off by the client within a 12 month period from the date of the event, the photographer reserves the right to add a surcharge to reflect any increases in album manufacturing costs or increases in VAT.
14. Digital downloads. Image files will be available for a period agreed with the clients at the time contracts are completed. This period will be for a maximum of 12 months from the date of the wedding.
15. Non availability of printed products. The printers may occasionally vary the colours and materials available for Wedding Albums and other printed products. Any such changes are beyond the control of the photographer and therefore the photographer cannot accept responsibility for any such changes.
16. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications to this Agreement must be in writing and signed by both parties.