Terms and Conditions
Terms and Conditions
These are our standard terms and conditions provided in the interests of both “the Client” (defined as the couple named on the booking form who shall be jointly and severally liable for all obligations under this contract) and Helen Rowe Photography (Helen Rowe) (“the Photographer”). Please ensure that you have read and understood these terms before placing your booking. The Client is deemed to have accepted the terms and conditions in full upon payment of the booking fee. It is agreed that the terms represent the total agreement made between the parties and cannot be varied in any way by the Client unless expressly agreed by the Photographer in writing.
NON-REFUNDABLE BOOKING FEE
The purpose of the £250 booking fee is to secure the Photographer for a particular time, date and location, and is therefore non-refundable and non-transferable in the event of cancellation by the Client. When paying the booking fee, please reference the payment with the client initials and invoice reference. Dates are only reserved once the booking fee has been received in full.
PAYMENT
Full payment of the remaining balance is required no later than 30 days prior to the wedding date. Payment may be made by bank transfer, which should be made payable to Helen Rowe. If the balance is not received by the due date, the Photographer reserves the right not to provide any services until payment is received or to treat the contract as cancelled. VAT is not applicable.
Any additional payments for any other services (i.e. albums) are to be made when the order is placed. A separate invoice will be generated for this. Prices are subject to change and dependent upon the date the order is placed. This does not include orders that are part of the initial wedding package.
ADDITIONAL COVERAGE
The Client will be charged an additional fee of £200 per hour for any additional coverage over the agreed coverage. The additional fee is payable no later than 14 days after the date of the wedding but can also be paid in advance.
CANCELLATION BY THE CLIENT
In the event of cancellation by the Client, the Client will not receive a refund of the booking fee paid after the 14-day cooling off period, which begins the day the booking fee is paid. The purpose of this is to cover the loss of earnings caused by the cancellation.
Once you agree these terms by paying the booking fee, a legally binding contract between us exists. If you are forced to cancel your booking for any reason Kirsty Mackenzie Photography reserves the right to make a cancellation charge.
The following cancellation charges apply:
9-12 months plus prior to the event: No cancellation charge but booking fee retained.
4-8 months prior to the event: 50% of the remaining balance is due.
1-3 months prior to the event: 100% of the remaining balance is due.
The sum is payable as compensation as an estimate of the loss the Photographer would suffer having potentially turned other work away.
WEDDING POSTPONEMENT POLICY
In the event that your wedding date has been changed after the booking fee has been paid, and after the 14-day cooling off period, the Photographer will do her best to accommodate the change of date; however, any such accommodations are based on the availability of the photographer for the new time and date. A new booking process shall be implemented, and the client forfeits the booking fee that has been paid.
CANCELLATION BY THE PHOTOGRAPHER
In the unlikely event that the Photographer is forced to cancel this contract for reasons beyond control or if unforeseen circumstances prevent wedding attendance (i.e. serious injury/illness or death), liability is limited to a full refund of monies paid to date. The Photographer will use reasonable endeavours to find a replacement photographer of a similar style. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. The Client has the choice of whether to accept the replacement photographer or take the refund.
The Photographer will use reasonable care and skill in performing the services and her liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be NIL. In respect of any other direct losses (in Contract or Tort) the total liability of the Photographer will not exceed the return of all payments received, and thus the limit of liability shall not exceed the value of the services provided. Nothing in these Terms will exclude or limit liability for death or serious injury caused by the Photographer’s negligence.
COPYRIGHT
The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement. If the Photographer uses an associate or freelancer to help to provide the services then this second photographer may also use images for commercial purposes.
Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid the Photographer the money due under this agreement.
The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence specifically allows the Client to use images on a website, on social media channels, in other digital format or in print form and to share extensively thorough such channels, subject to the Client acknowledging the Photographer’s rights and ownership of the images when shared digitally. Images will be provided to the Client as a set of high resolution digital copies of the edited photographs taken at the Event. These will be in the format of an internet gallery, made available to the Client within 8 weeks of the Event. The licence does not allow the Client to use the images for commercial purposes, and in particular, the Client is not to provide images to other service or goods suppliers involved in the event, unless the Photographer has given specific consent.
So far as any goodwill is generated by the Client’s use of the Images it shall accrue to the benefit of the Photographer.
The Photographer reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.
LICENCE OF “MODEL” RIGHTS TO PHOTOGRAPHER
The Client warrants that he/she has obtained all Model Rights necessary to enable the Photographer to carry out the Assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of a Photo of any person or thing at the Event.
The Client agrees that the Photographer may use those Model Rights in the form of images taken in this Assignment, only to market her business as a photographer.
IMAGE FILES
Helen Rowe Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Helen Rowe Photography’s control, Helen RowePhotography’s liability is limited to the return of all payments received for the event package.
High-resolution image files are provided via a usb and online gallery to the Client for their personal use only and are supplied with the ‘right to print’. No liability can be held for loss or damage to image files after safe delivery to the Client.
Any post Event products such as albums, posters, framed images or reprints must be ordered within 12 months of the Event. The price of such products may change in that time and the Photographer reserves the right to vary the price of products if suppliers increase their prices. Once 12 months has expired after the Event, the Photographer will remove from access or view any links or digital images relating to the Assignment and no duplicates, reprints or products will be available after that date.
The Client is strongly advised to store any images provided by the Photographer carefully as once images and links are removed as set out above, no liability on the Photographer can arise from such removal, or the deletion of data.
There is no right to reject photographs on the basis of style, composition or colour. The Photographer will endeavour to deliver the images to the Client between 8-12 weeks after the wedding, but this may be slightly longer in the high season (April-September).
ALBUMS
If the Client has purchased an album, the Client has 1 year from the date of the wedding to choose the photos to be included and approve the final design, or there may be additional costs in line with inflation. Helen Rowe Photography is not responsible for pursuing the client for their selection of images.
EXCLUSIVITY
It is agreed that the Photographer shall be the sole professional stills photographer on the wedding day. Family and friends of the client shall be permitted to photograph the wedding as long as they do not interfere with the photographer’s duties. Helen RowePhotography is not responsible for ruined photographs, obstructed photos or photos ruined due to separate photographs being taken/ separate flashes going off.
Where possible the Photographer will work with the Client to find the most suitable locations for both background, content and quality of lighting however it is agreed that the Photographer shall be granted full creative and artistic licence regarding locations, poses and groups. The Photographer’s final judgement on photographic style, allocated time and the number of photographs taken shall be deemed correct.
RETOUCHING FEES
The Photographer includes standard editing in the cost, such as making basic adjustments (ie lighting, contrast, colour correction) and adding a signature style. It does not include more involved Photoshopping, such as adding or removing anything from the image or doing extensive touch ups. These can be done for an extra retouching fee, to be decided depending on the extent of extra work involved. Under no circumstances will the Photographer edit using selective colour or add in anything that wasn’t present, or change the way people look (apart from removing unexpected spots), and the Client is not permitted to edit the photos in any way. If the Client would like any colour photos in black and white or black and white photos in colour, or any cropping done, there may be a small editing charge for this depending on how many images are involved.
REQUESTED PHOTOGRAPHS
The Photographer will use reasonable endeavours to honour requests for specific photographs subject to the weather conditions, time permitting, and or the availability and willingness of subjects. However, the Photographer cannot guarantee any specific picture nor incorporate any specific background, location or arrangement. The Photographer cannot be held responsible for any lack of coverage caused by the Client or other members of the wedding party or by the church, synagogue, registry office or other licensed place imposing any restrictions on the Photographer. In order to maintain a creative documentary style, the Photographer cannot guarantee a photo of every guest or detail.
PYROTECHNICS LIABILITY WAIVER
The Photographer cannot be held responsible or liable for any cleaning or reparation costs of damage caused by the use of pyrotechnics, including but not limited to: smoke bombs, sparklers and fireworks.
GENERAL CONDITIONS
The Photographer shall use reasonable endeavors to meet any performance dates but such dates shall be estimates only, and time is not the essence of the contract.
Payment terms are 30 days prior to the event date, and payment is not deemed to have been made until the charges have been paid in full. If payment is not made in full and within time the services may be suspended and payment in full may be required before the services are re – commenced.
Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the services, or making proper use of the services.
The services may be terminated if payment of the charges are not made in accordance with these terms, or if the Client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums to The Photographer.
If Helen Rowe Photography is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Helen Rowe Photography reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such an event, Helen Rowe Photography shall not be obligated to refund any of the fees paid by the Client because of such action.
Nothing in these terms are intended to create a partnership or joint venture between the Photographer and the Client, and no party has the right to act as agent for the other or to bind the other party in any way.
These terms and any dispute arising from them shall be governed by the laws of England and Wales.
CLIENT DECLARATION
By paying the booking fee of £250 and signing this contract (by signing your names and date on the booking form), the Client agrees to be bound by the terms of business and would like to book the services of the Photographer for the Client’s wedding day.