KIRSTY COUNSELL OF ALFRED & CO. PHOTOGRAPHY 75 WOONE LANE, CLITHEROE, BB7 1BJ 07702333830
Terms & Conditions for Wedding Bookings
In the following Terms and Conditions:
“Business” shall mean Alfred & Co. Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Alfred & Co. Photography
“Products” shall mean any discs, USB’s, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
Once the deposit / booking fee is made, the client has entered into the contract with Alfred & Co. Photography, therefore although a signature is preferred on the contract, the contract will still be binding and current, once cleared funds for the deposit/ booking fee has been made from the client to the business.
Booking Fee The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Payments Alfred & Co. Photography will be in contact with you approximately [2-3] weeks prior to your Event to arrange a pre-event appointment by person or phone, if this is deemed necessary. Any remaining balance is to be paid 8 weeks before the Event. All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
the remaining balance is due eight weeks before the event.
Payment for any additional images or products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation.
Cheques are not accepted. Bank Transfer (BACS) payments are accepted as is cash. No photographs or albums will be delivered until all payments have been received in full in cleared funds. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage: The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Exclusivity: Alfred & Co. Photography shall be the sole contracted and professional photographer (including assistants). However, we understand that guests do take photographs. We will not be held liable for a lack of images or missing photographic opportunities, due to other guests or other suppliers interrupting or suddenly blocking our view, with their bodies or third-party cameras and / or flashes. We suggest you or your wedding officiant advise guests to keep the aisle clear so they don’t block you, or your partners view of one another while walking down the aisle.
Use and Display of Images The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Other than via a password protected gallery the photographer(s) agree not to resell any image to a third party other than with prior written consent. The Photographer(s) may share images of the event with other suppliers of the Event.
Image Previews & Gallery Completion The photographer will create a preview of a small selection of your images a week to two weeks after your wedding, they will be uploaded to an online gallery and shared on social media. The full wedding gallery should be available to the client between 8 to 10 weeks after the wedding date. If the photographer can not meet these timescales, the client will be informed at the earliest possible oppurtunity.
Image and Reproduction All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Only quality branded USB’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Image Protection Whilst every measure is taken to protect your images, in the unlikely event of complete equipment (including memory cards) failure, theft, or irreparable damage, liability is limited to the full price of your paid wedding photography.
Retouching Re-touching, digital manipulation and artist finishing is actioned for the images which the photographer will provide to you the client in your final photograph selection. In relation to artistic license, the photographer reserves the right to provide images in either colour or black and white. This decision will be at the discretion of the photographer not the client and the fact that some images convey the emotion of the vision better in black and white than colour for example. You will not receive duplicate images in colour and black and white. If such a request is made the photographer will invoice payment for each additional image duplicated at a rate of £5 per image. The photographer’s decision on the finished images is final. No unedited or RAW files will be provided to the client. All images provided to the client will be fully edited within the signature style of the photographer only.
Reorders All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Ownership Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received. The photographer will keep the RAW files for 6 months, any images provided to the client in anyJPEG format will be kept by the photographer for 12 months only. It is the client responsibility to ensure they back up their files and keep them safe. The Photographer can not be held liable for any photograph files after 12 months of the agreed Event.
Copyright 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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
Substitution In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Alfred & Co. Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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. Neither party shall be liable for any indirect or consequential loss.
Appropriate Conduct/ Safe Working Environment: The Client(s) expressly agree(s) to ensure the appropriate behaviour of all attendees at the wedding/event, and additionally agree(s) to undertake best efforts to ensure that all parties involved in the event, including but not limited to the Client(s), vendors, the bridal party, all guests, and any and all attendees, behave in a manner that provides the Photographer with a safe and comfortable work environment in accordance with a reasonably workmanlike standard. Any threatening, hostile, inappropriate, or offensive behaviour of any kind, and any other behaviour that compromises the safety or well-being of the photographer or photography equipment or constitutes a hostile work environment (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) will not be tolerated. What constitutes such behaviour is up to the sole discretion of the Photographer in accordance with the standard of a reasonably prudent person, and will be dealt with accordingly: (a) upon the first offense, the Photographer will notify the offending person and either the Client(s) or a family member of the Client(s) with a verbal warning; (b) after the second offense, the Photographer will notify the Client(s), and the Client(s) will agree to remove the offending person for the remainder of the event (c) upon the third offense, the Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder. The Client(s) will not be entitled to any refund, and Client(s) will agree to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage, or for a lapse in the quality of the work.
Photographers time and working hours The photographers time specified in each package is for the photographers attendance and starts from the earliest agreed upon arrival time and continues until the allotted time is up. Unless otherwise agreed at the time of booking, the time may not be split up and must be taken as a single block (consecutive hours). For each 4 hour period of time, the couple agree that the photographers are entitled to a non-working break of 15minutes in a area away from guests. Where the photographer and her assistant agree to work for 7 hours or more, the couple agree that the photographer and assistants are entitled to an additional un-interrupted meal break of at least 30 minutes. Times quoted in all packages are inclusive of the breaks listed above.
Force Majeure The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Cancellation Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-
Notice received 365 days prior to the wedding date or more: Booking Fee/ Deposit only.
Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable.
Notice received of 182 days or less: 100% of the agreed balance will be payable.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
Complaints All complaints should be raised by the Client directly to the Photographer in writing within 14 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.
Notices Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing law and jurisdiction The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim