Beautifullight UK Photography Wedding Photography Contract
This wedding photography contract is a ‘mixed’ contract which includes both ‘services’ and ‘goods’. The ‘services’ part includes but is not limited to the venue visit, engagement shoot, wedding photography coverage on your wedding day, and the processing and editing of files afterwards. The ‘goods’ refers to the digital download of engagement shoot photographs and the USB drive that contains your wedding photographs and any printed product or album if these are included as part of your chosen wedding photography package.
TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES
In the following terms & conditions “the photographer” shall mean Emma J Smith trading as Beautifullight UK Ltd. “The client(s)” shall be those persons defined as bride and groom 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.
Booking Fee / Deposit Payments.
A non-refundable booking fee of 25% as well as full acceptance of the terms and conditions as published on the photographer’s website & supplied via email secures the time and services of the Photographer for the wedding and is none 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 one calendar month 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.
If the booking is made within one calendar month of the wedding day, payment is due in full at the time of booking.
Right to Cancel.
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day the contract starts, which is the day the booking fee is received.
To exercise the right to cancel, you must inform me (Beautifullight UK Photography, Crofters Cottage, Hollybush Lane, Burghfield Common, Berks. RG73JS) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation.
If you cancel this contract within the cancellation period, I will reimburse to you all payments received from you. I will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay me an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
Cancellation after 14 days..
The Client (you) may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. In the unlikely event of cancellation due to injury or sickness beyond Emma J Smith (Beautifullight UK Photography) liability shall be limited to a full refund of all monies paid.
Your statutory rights are not affected. Emma J Smith has full Public Liability and Professional Indemnity Insurance. She is a member of the Guild of Professional Photographers. If the wedding is cancelled by or on behalf of the clients concerned here up to 16 weeks before the wedding, all monies paid, excluding the booking fee will be refunded. Less than 16 weeks before the wedding and a refund will be compensated as follows, based on the total agreed amount: 16-12 weeks – 50% refunded, 12-8 weeks– 25% refunded and cancellations less than 8 weeks from the date of the wedding are not subject to refund.
Cancellation less than 12 weeks before the wedding will result in the payment in full becoming due. All cancellations must be made in writing.
The remaining balance is due 1 calendar month prior to the wedding day. Payment of any extras, such as albums and prints, are made after the wedding at the time of ordering, except if they form part of a bundled package. If a bundled package has been purchased then they form part of the remaining balance.
File processing including back up, storage & editing will commence following the wedding date & shall be completed 35 days of the wedding date. The files will be available to view in an online gallery by the client in one month from the date of the wedding day.
The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received and acknowledged by the photographer in writing.
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, websites, social media, industry awards & sample albums etc.
All image sizes are nominal. The Photographer/s 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. 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 is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case. Beautifullight UK Photography shall be granted creative & artistic licence in relation to the photographs/images.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost which shall be agreed between the parties before any post processing work is undertaken. Please get in touch to discuss your requirements.
Prints / Reorders.
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Purchased personalised products are non refundable.
As the nature of the wedding photographs are ‘made to the clients specification or are clearly personalised’ the USB is exempt from the clients right to cancel & is none refundable. It will be delivered to you (the client) one month after your wedding date unless otherwise agreed by both parties.
As the nature of an album is its made to the clients specification or are clearly personalised, the album is also exempt from the clients right to cancel & is none refundable at the time of ordering.
If your purchased package includes an album your chosen images must be submitted to me from within your gallery & the design finalised no later than 4 calendar months from the date of gallery delivery. Beyond 4 months will incur an additional admin fee of £100 to complete.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. No one image is guaranteed. For events involving a church ceremony or other venues the photographers movements may be restricted by the minister or official in authority. This may restrict or prohibit photographing parts of all sometimes all of the ceremony. Such restrictions may also include the use of artificial lighting (Flash). The Photographer cannot accept responsibility for limited coverage in such circumstances.
Force Majeure or Act of God.
Neither Emma J Smith Photographer or Beautifullight UK Photography shall be liable for any failure or delay in the performance of any of such party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable or foreseeable control.
For the purposes of this contract Force Majeure/Acts of god refer to extraordinary events such as but not exhausted to a pandemic outbreak, events such as war, terrorism, earthquakes, fire, hurricanes, acts of government, plagues or epidemics.
An act of government will have occurred where a government body has imposed travel restrictions, quarantines, or trade embargoes, or has closed buildings or borders, restricted travel & work, affecting the ability to provide the services booked.
Should your wedding or event become affected by such an occurrence Emma J Smith & Beautifullight UK will endeavour to rearrange the services booked for an alternative date at no additional cost to the agreed with the individuals/clients entered into this contract with. If a further postponement is required then every effort will be made to accommodate the request, however additional costs may occurr.
Although all equipment is checked regularly, serviced 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.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, 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.
Limitation of Liability.
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 total value of the contract (Agreed price for this booking). Neither party shall be liable for indirect or consequential loss.
Use of Sparklers/Coloured smoke.
The photographer will not be held responsible for any injury/damage that may be caused by the use of these items during a photographic shoot. The grant of permission by a venue for the use of these products on their premises is solely the clients responsibility.
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 or damage to items or clothing during a photographic shoot.
The client agrees to give the photographer precedence over the guests in order to the photographs required for the photography services described. The photographer cannot be held liable for a lack of any photgraph due to guests behaviour adversley affecting the quality of the Photographer’s work. This clause includes but is not limited to flash photography or guests obstructing the view & access of the photographer.
Complaint handling policy: Any complaints should be made via email. Emma J Smith is a member of the Guild of Professional Photographers & the AOP, and as such abides by their strict code of conduct. Complaints will be responded to within 7 working days. Consumers are also free to contact the Guild or the AOP if they would like to discuss a complaint about Beautifullight UK Photography, but I request you (my client) contact me in the first instance so that I can resolve any issues satisfactorily.
In the unlikely event that you feel dissatisfied with your wedding day images received in your full wedding day gallery (excludes preview) clients should contact Beautifullight UK Photography within 30 days of receipt of gallery.
This agreement shall be governed in accordance with the laws of England and Wales. Please return a signed & scanned copy of this contract to confirm your booking.