Wedding Photographer

Professional Wedding Photography -

Powys Carmarthenshire Monmouthshire Ceredigion -
Derbyshire Nottinghamshire Leicestershire Staffordshire -
Herefordshire Worcestershire Warwickshire Shropshire -

Mid Wales * South Wales * West Midlands * East Midlands -

01597 850212 / 07957 922266 -
claire@professional-wedding-photography.biz -

Terms and Conditions:

In the following Terms and Conditions “The Photographer” shall mean Claire Graham sole trader or, subject to condition 7 b) below, any photographers appointed by Claire Graham.
“The Client(s)” shall be those who have made a confirmed booking with The Photographer(s) as detailed in 5 a) below.
The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
“The Image(s)” and “The Photograph(s)” and “Photographic Images” shall be any digital photographic material provided to The Client(s) by The Photographer(s) and include all photographic stills images taken by The Photographer(s) and still images created from any other medium by The Photographer(s) including by not limited to stills from video.
“Designs” shall be any graphic design created by The Photographer(s) and provided in any graphic design, images or printed format or otherwise.
“The Client(s)” are agreeing to the Terms and Conditions of this Contract when they book services with The Photographer(s).
1. Copyright:
The 1988 Copyright Act assigns the copyright of the photographs and designs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs or designs, or allow them to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents unless otherwise agreed in writing by the Photographer(s).
2. Display: The Client(s) hereby allow(s) The Photographer(s) to display any photograph or design covered by this contract and use any images or design covered by this contract to generally promote the business in advertising, brochures, magazine articles and other such material.
3. Licence, Coverage and Reproduction:
a) The Photographer(s) shall be granted full artistic licence in relation to the poses photographed and the locations used. The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b) The Photographer(s) shall be granted full artistic licence in relation to any digital image correction or editing or cropping The Photographer(s) deem to be required on the photographs.
c) Photographs taken during the course of a booking will be at the discretion of The Photographer(s). Although every effort will be made to comply with The Client(s) requirements for photographs, The Photographer(s) decision on what photographs are taken is final.
d) The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking within the restrictions of the timescale of the booking, weather conditions and any other factors affecting the photographing of individuals, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out or in the event of an individual who is unavailable to be photographed at the time of the request of the photographer or in the case of the artistic licence granted to The Photographer(s) in 3 b) to improve the photographs by cropping, digital editing.
e) For a booking involving a church ceremony The Photographer(s) movements are sometimes restricted by the minister in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view or reduced image quality should this be the case.
f) For a booking involving a church ceremony The Photographer(s) use of equipment may sometimes be restricted by the minister in charge, the use of flash photography may be forbidden during the ceremony for example, The Photographer(s) accept no liability for the reduced quality of images should this be the case.
g) For a booking involving a church ceremony The Client(s) accept the responsibility for discussing their requirements for photographic coverage of the event with the minister in charge or the organisers of their ceremony and will not hold The Photographer(s) liable for any restrictions placed on The Photographer(s) by the organisers or the minister in charge which result in The Photographer(s) being unable to take photographs or being unable to take the same quality of photographs as would normally be the case in unrestricted circumstances.
h) Clauses 3 e), f) and g) also apply to any restrictions placed on The Photographer(s) by organisers or ceremonial officials or other individuals in charge of or owning or presiding at locations where any photographic coverage is undertaken by The Photographer(s) on behalf of The Client(s) including but not limited to masters of ceremony at wedding receptions, managers of wedding celebration venues, owners or managers or presiding officials at other photographic shoot locations.
i) For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout the time of the booking as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded and The Client(s) will not hold The Photographer(s) liable for this.
j) Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding booking, a change of location for a wedding booking etc) The Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments or for other reasons. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever and The Photographers are not liable to refund the Client(s) booking deposit if they are unable to accommodate alternations made by the client to the booking and booking date or arrangements.
k) Please also note that if The Photographer(s) are able to accommodate alternations requested by the client additional charges may be requested to reasonably cover additional costs incurred or additional working hours undertaken by The Photographer(s) in order to accommodate the requested changes. Additional charges for travel may be made in cases where free travel was or was not included in the original coverage booked. Additional charges may be made for increased working hours in cases where an estimated finishing or starting time for the booking date had been previously agreed by The Photographer(s) and The Client(s). The Photographer(s) will inform The Client(s) of any additional charges required in order to accommodate bookings either verbally or in e-mail before changes to bookings are finalised.
l) Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or paper and The Photographer(s) will not be liable if this is the case.
m) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile 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 and The Photographer(s) will not be liable if this is the case.
n) All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
o) Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure of any kind, either at the shooting or processing stage.
p) In the case of The Client(s) requiring specially treated photographic images and digital image effects such as splash colour on black and white or sepia, filter treated images etc The Client(s) grants The Photographer(s) full artistic licence in regards to the style and appearance of these specially treated images.
q) The Client(s) agree that if specially treated images are offered by The Photographer(s) this refers to the treatment of a selection of the photographic images that will be supplied to The Client(s) that will be chosen as suitable for such treatments by The Photographer(s) not treatment of the entire collection of photographic images supplied to The Client(s) by The Photographer(s). The Photographer(s) will endeavour to follow out The Client(s) specific requests in regard to treated photographic images if consulted about this at the time of booking and if The Photographer(s) have agreed to specific treatments required and the types of images needed before hand.
r) The Client(s) agrees that if black and white and sepia copies of images are offered by The Photographer(s) this refers to the treatment of a selection of the photographic images that will be supplied to The Client(s) that will be chosen as suitable for such treatments by The Photographer(s) not the treatment of the entire collection of photographic images supplied to The Client(s) by The Photographer(s).
s) With designs for invitations, orders of service, seating plans, table name cards and thank you cards etc commissioned by The Client(s) attempts will be made to provide a design to suit The Client(s) specific needs however The Client(s) accept that if significant additional work outside of the work originally quoted for and agreed by The Photographer(s) and The Client(s) is required to accommodate repeated changes that The Client(s) may be asked to pay those additional costs at the agreed hourly rate.
t) The Client(s) will be provided with copies of any designs created by The Photographer(s) as proofs for The Client(s) to check and approve before the process of printing the designs begins. Once the proofs have been approved The Client(s) accept full responsibility for having approved the design as suitable and thus indicating to The Photographer(s) that the design is ready to go to print.
u) If The Client(s) require any changes making to designs after approval of the proof they agree that they are liable for the cost of any re-prints required and for the additional time at an agreed hourly rate to make changes to the design and re-proof it.
Please also see 10 a, b) and c).
v) In terms of photographic coverage provided and hours worked by The Photographer(s) for The Client(s) the coverage and hours worked shall be deemed to be that which is detailed in the brochure sent to The Client(s) and in these Terms and Conditions of Contract. Any additional coverage provided and/or hours worked by The Photographer(s) will be at the discretion of The Photographer(s) if it has not been agreed formally in writing beforehand, detailing specific hours and timings for work. A full day’s coverage will be deemed to be no more than 11 hours of work by The Photographer(s). If The Client(s) require the Photographer(s) to cover their evening reception up to an including the bride and groom’s first dance, the first dance would be conducted no later than 8pm or before the end of an 11 hour working day for The Photographer(s) if the end of an 11 hour day falls before 8pm.
w) Once The Client(s) have paid the fees for services provided by The Photographer(s) in full The Photographer(s) grant The Client(s) the rights to use the materials provided including by not exclusive to photographic images, designs and slideshows for their own personal use. Please note Commercial usage is excluded from this agreement and a separate agreement must be made with The Photographer(s) for commercial use of the materials supplied, commercial use include use to promote any form of business or organisation.
x) The Photographer(s) do not grant The Client(s) any rights to reproduce, sell on and provide for publication any of the materials provided by The Photographer(s) and The Photographer(s) do not grant The Client(s) the rights to alter any of the designs or photographic images provided in any way.
4. Prices:
a) Where the contracted date is no more than 12 months after the date of the booking deposit being made, all photographic services undertaken and agreed beforehand to be provided on that date are supplied at the prices ruling on the date of the booking deposit being made. Once the booking deposit is paid The Photographer(s) will provide The Client(s) with a summary of the services booked and the prices charged and this summary will be deemed to be all of the agreed services provided by The Photographer(s) unless changes to the required services are made and agreed in writing by the Photographer(s) and the Client(s) after the original booking date and a further summary of services is provided to The Client(s) by The Photographer(s).
b) Where additional services are required that were not included and agreed to in the original booking, the additional services will be supplied at the prices ruling at the time of the booking of the additional services or at the time when the additional work is carried out.
c) The Client(s) will be liable to pay any reasonable additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
5. Payments:
a) A non-refundable booking fee along with a completed Wedding Bookings Form and a confirmation that you have read and understood these Terms and Conditions of Contract will confirm your booking.
b) An offer or quotation provided by The Photographer(s) to supply a service or services on a specific date does not constitute a contract or agreement. When an offer to supply services has been made by The Photographer(s) to several interested parties to supply service(s) on the same date The Client(s) deemed to booked that date as a contracted date will the first interested parties to provide what is required to confirm a booking as detailed in 5 a).
c) Payment for the photographic coverage and all additional services required minus the booking fee if already paid is payable in full 30 days prior to the contracted date. All additional goods such as photo frames, albums and designs and printing etc are payable on ordering.
d) The Client(s) accept that it is their responsibility to ensure that The Photographer(s) have received payment in full for their services minus the booking fee if already paid 30 days before the contracted date. The Photographer(s) will not be held liable for withholding services on the contracted date if The Client(s) have not provided any payments due to The Photographers by 30 days before the contracted date.
e) Title to all goods, photographic images, designs and all other materials provided by The Photographer(s) to The Client(s) remains the property of Claire Graham until paid for in full by The Client(s).
f) In unlikely event that The Client(s) refuse to or are unable to pay any outstanding payments owed to The Photographer(s) the title to all goods supplied will remain the property of Claire Graham and it is The Client(s) who are responsible for returning all goods supplied to Claire Graham in this case without copying, printing or using the material in anyway. Any refunds minus the non refundable booking fee and any additional costs incurred by The Photographer(s) are at the Photographer(s) discretion.
g) In the case of design work and printing for orders of service and invitations etc The Photographer(s) will require payments for services and the materials required to supply the items in full prior to commencing work.
h) These Terms and Conditions of Contract are still binding in the case of any complementary services provided to The Client(s) by The Photographers as a result of a special offer or competition where payments for services have not been made by The Client(s). 6. Complaints:
In the unlikely event of any complaint with regards to our service, all complaints must be received in writing and directed to Claire Graham within seven days of collection or delivery of products purchased. This includes photographic images, photographs, albums and frames. Refunds minus the non refundable booking fee and any additional costs incurred by The Photographer(s) are at the Photographer(s) discretion.
7. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury etc).
b) The Photographer(s) have other professional photographic associates who will be contacted by their staff (or family) in the event that they are not able to attend your booking due to clause 7 a) but The Client(s) agree that the Photographer(s) have no liability if the other professional contractors request additional fees, alter these Terms and Conditions of Contract or refuse to abide by these Terms and Conditions of Contract. In accepting a replacement booking from an associate The Client(s) waive all rights of liability against Claire Graham.
c) In the event of cancellation by The Photographer(s) (although attempts will be made to arrange for another photographer to be present – see clause 7b) or in the unlikely event of total photographic failure, The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. In such circumstances re-shoots may be arranged if practicable but The Photographer(s) will not be responsible for costs in order to stage such re-shoots and if re-shoots are staged refunds will not be given.
d) The Photographer(s) do not accept responsibility or liability for the failure of equipment or digital corruption of files caused by static or other unforeseen conditions or circumstances which result in a loss of images or loss of photographic coverage.
e) The Photographer(s) accept no liability for bad weather conditions which might affect photographic coverage of an event. The Client(s) agree that they take the responsibility for providing covered locations for photographic shoots as an alternative to outdoor locations in the case of bad weather. The Photographer(s) judgement on whether weather conditions outdoors are suitable is final in cases of extreme wet or cold weather and other weather conditions that are liable to damage to equipment if it is used outdoors.
8. Negatives or Digital files and Design work:
a) The negatives and digital files of photographic images and other materials shall remain the property of The Photographer(s).
b) Should negatives or digital files of photographic images and other materials be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid for services which have not yet been supplied to The Client(s), but shall not include a refund for any goods already received by The Client(s).
c) The Client(s) understand and agree that although The Photographer(s) will keep negatives and digital files of photographic images, designs and other materials for a period of time The Photographer(s) are not liable if they fail to reproduce or replace any materials for The Client(s) or other parties after all of the services and materials initially agreed to have been supplied.
d) If The Client(s) should lose any materials supplied to The Client(s) by The Photographer(s) for any reason attempts will be made by The Photographer(s) to supply replacement materials subject to a fee but if this is not possible or practical The Photographer(s) will not be liable.
9. Cancellation Fees:
a) If The Client(s) should have to cancel a booking for photographic coverage the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation.
b) Cancellation of photographic coverage after booking but prior to 30 days before the agreed date of contract – loss of the non-refundable booking fee (see clause 5a).
c) Cancellation of photographic coverage with 30 days to go until contract date or after the full or part payment(s) for The Photographer(s) contracted services have been made by The Client(s) - full price for the complete package booked unless 9 d) applies.
d) If The Photographer(s) is able to rebook the contracted date for photographic coverage booked by The Client(s) with an equivalent booking, then the cancellation fees will be calculated as follows and deducted from any fees already paid to The Photographer(s) by The Client(s) with the remaining sum refunded to The Client(s): The cancellation fees in the case of 9 d) would be the non-refundable booking fee plus additional costs incurred by The Photographer(s) in processing the payments made by The Client(s) (charges for processing cheques and charges for online payments etc), any additional costs incurred by The Photographer on behalf of The Client(s) in order to obtain materials or other products required by The Client(s) such as digital media equipment, wedding albums, photo frames, photographic paper, the costs for travel to personal meetings or consultations and wedding rehearsals attended by The Photographer(s), hours worked by The Photographer(s) while attending personal meetings or consultations and wedding rehearsals at a rate of £10 per hour and any other costs incurred by The Photographer(s) in obtaining other material required to process The Client(s) order or any other payments made by The Photographer(s) in relation to providing the service booked by The Client(s).
e) In the case of cancellations for design orders refunds will be given minus the following costs incurred: The cost of processing the payments made by The Client(s) (charges for processing cheques and charges for online payments etc), any additional costs incurred by The Photographer on behalf of The Client(s) in order to obtain materials to produce the items required such as paper, card and printing ink etc, any costs incurred for design work already undertaken and any costs incurred for printing work already undertaken plus any other payments made by The Photographer(s) in relation to providing the service booked by The Client(s).
e) Any refunds paid by The Photographer(s) will be made by a payment method most practical for The Photographer(s). Client(s) accept that they will not be able to stipulate a chosen method of refund such as cash, CHAPS payments or other methods of payment that may incur additional costs for The Photographer(s).
10. Placing an Order and Receipt of Goods:
a) In the case of any alterations to orders The Photographer(s) must be notified of this by The Client(s) either by telephone or in writing or e-mail and The Client(s) must obtain a confirmation from The Photographer(s) that they have received and agreed to the alteration.
b) The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client(s) and may ask The Client(s) to pay additional fees to cover costs incurred as a result of the order being altered.
c) The Photographer(s) will not be liable if they are unable to change an order made by The Client(s) that has already been processed or part processed or in the case of designs printed or part printed.
d) The processing of photographic images onto DVD will take approximately two to ten weeks to complete. All other orders such as albums and photographic prints will take approximately four to eight weeks. The Photographer(s) will make every attempt to provide The Client(s) with their orders as soon as possible but cannot guarantee a quicker service that the one detailed above.
e) The creation of designs will take approximately two to four weeks depending upon the availability of The Client(s) to proof the design work.
f) Design work where printing is not required will be supplied to clients on DVD or CD in a variety of formats agreed by The Photographer(s) and The Client(s).
g) Lead times for printing design work are approximately two to four weeks.
h) The Client(s) will be informed by either telephone or e-mail once the order is ready and available for collection or once the order has been dispatched to The Client(s).
i) Orders will be dispatched to The Client(s) address as stated on the Wedding Booking Form. The Photographer(s) will not accept liability for loss of goods dispatched if there has been a change of address and The Client(s) have not given notification of this by phone or e-mail or in writing which has been acknowledged by The Photographer(s). In the case of un-notified delivery address changes The Photographer(s) will request an additional fee to re-process the order and re-deliver it.
j) The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.
k) The Photographer(s) must be notified either by telephone or e-mail or in writing within seven working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period. The Client(s) must obtain a confirmation from The Photographer(s) that they have received this notification. The Photographer(s) are unable to give exchanges or refunds.
Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of courts of England and Wales.
12. Insurance:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.

Thank you very much for reading my terms and conditions if you have any questions about the above please get in touch.

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