TERMS AND CONDITIONS
Note - For the purpose of this document GR Photography shall be referred to as GRP.
1) APPLICABLE LAW
The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) PAYMENT
A wedding booking is considered firm on completion and signing of booking form/contract and receipt of a booking fee of £95
The booking fee is not returnable except in the event of GRP cancelling the booking. The full invoice value must be paid 14 days before the wedding.
3) CANCELLATION
The Client may cancel a booking at any time by giving written notice to GRP but in doing so shall forfeit any monies paid. Should cancellation be received by GRP less than 4 weeks prior to the date of the wedding the client shall pay a sum equal to 50% of the contract value. This sum is payable as compensation as an estimate of the loss GRP would suffer.
4a) FULFILLMENT OF OBLIGATIONS
GRP shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
The Client understands and accepts that the photographic coverage will be as GRP’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
4b)The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfil all requests but can make no guarantees all images will be delivered. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
5) ARTISTIC INPUT
Save as otherwise agreed between the Client and GRP, GRP shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested or images to the clients’ full expectations.
6) COPYRIGHT & REPRODUCTION
Copyright is retained by GRP at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of GRP.
The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without GRP’s written permission.
Permission to reproduce a picture is granted to the Client by GRP only when a fee for the reproduction has been agreed with GRP and an invoice has been issued by GRP and paid in full by the Client to GRP.
The right to reproduce a picture granted by GRP is personal to the Client and may not be assigned to any third party without GRP’s prior written consent.
The Client will fully indemnify GRP against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without GRP’s prior written consent).
7) IDENTIFICATION
While GRP has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the client or any third party caused by any errors.
8) RECEIPT OF PICTURES
The pictures are presumed to have been received in good condition unless the Client notifies GRP in writing of any discrepancy or error within 7 days of receipt
9) IMAGES
All image sizes are nominal. GRP will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
10) EDITING
Editing of images will be carried out on images of GRP’s choice. Images supplied shall remain at the discretion of GRP and USB packages shall contain images after editing and selection by the GRP. Some photographs may also be edited as black & white. Retouching or digital manipulation and artist finishing is available to the Client as an optional extra.
11) NEGATIVES/DIGITAL FILES
Negatives / digital files remain the property of GRP.
12) BLINKING
Should the photographer notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.
13) COMPLAINTS
All complaints should be raised by the Client directly to the Photographer in writing within 7 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.
14) ALBUMS
It is the clients’ responsibility to ensure the proof supplied by GRP is correct. GRP cannot be held responsible for mistakes in layout, picture choice, and duplicates. Picture choice for albums must be made no more than 4 months after the wedding, later than this may incur a surcharge should the cost of the album be increased.
15) USE OF PICTURES
GRP retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
Client Signature……………………………………………………..Date……………………………………………..
Signed by GRP……………………………………………………..Date………………………………………………