Terms & Conditions
Below are the terms and conditions on which Tom shall provide photography services (the “Photography Services”) to You. The exact Photography Services provided will depend on what is agreed between the parties during an initial consultation (see below Clause 1).
It is mutually agreed that the following terms of agreement form an integral part of this agreement and that no variation or modification of this agreement shall be effective unless accepted by both Tom and You, in writing and signed by the parties.
Before You and Tom provide the Photography Services or carry out the initial consultation, You shall read the terms and conditions below.
Tom shall document by way of photographs (the “Photographs”) your wedding day on the [Your Date] (your “Wedding Day”) at [Your Venue] (“the Venue”).
In the event that You require any additional post processing to be undertaken (for example, in Photoshop or similar) beyond the normal editing service Tom provides, then an additional fee may be levied which shall be agreed between the parties before any post processing work is undertaken.
You are responsible for collecting any products from Tom or You accept liability for any delivery agents that must be used. Tom shall provide you with high-resolution digital files. You are responsible for ensuring that the digital files are safely stored upon delivery or collection, and Tom is under no obligation to store or maintain copies of the files. Tom recommends that You store them in at least two different places. Any Photo Book included in your package must be ordered within six months of your Wedding Day. An upgraded album can be ordered at any time if you are able to provide Tom with the digital files as Tom shall be under no obligation to maintain copies of the digital files following delivery to You.
Price and Payment
2.1 The total fee for providing the Photography Services is (charges at time of booking).
2.2 A booking fee of £400 (“booking fee”) shall be paid by You to Tom within one week of receiving these Terms and Conditions. The remaining balance payable shall be paid by You to Tom at least 14 days before the date of the Wedding Day by electronic bank transfer. Subject to clauses 2.3, 5.2 and 5.3 below, the booking fee is non-refundable.
2.3 When Tom has received the booking fee from You he will use all reasonable endeavours not undertake any further bookings on that day. In the unlikely event that Tom is unable to provide the services described in this Agreement on the Wedding/Event Date for any reason including, but not limited to, illness, injury, emergency, or act of God, sudden event or other circumstances beyond the control of Tom, meaning he is unable to fulfill the booking, the booking fee would be returned to You.
2.4 If for any reason You cancel the booking, no further payment is due to Tom unless it is within 120 days of the proposed Wedding Day. In this case 50% of the overall fee set out in clause 2.1 above will be due as compensation for loss of earnings. This sum will be minus the booking fee paid at the time of booking. If the date of the wedding needs to be changed by the client, these conditions still apply unless Tom is willing and able to take the revised booking. The booking fee may then be transferred to the new date.
2.5 If payment is not made in accordance with the above clauses, Tom reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
2.6 If payment is not made in accordance with the above clauses, Tom reserves the right to cancel the booking without prejudice to any claims which may have arisen and may deduct such monies from the booking fee as he deems appropriate to reimburse him for his time and expenses incurred up to the date of the withdrawal.
2.7 The responsibility of Tom and any photographic processing or printing, postal and delivery agents, to compensate the client in the case of cancellation, negligence or breach of contract is limited to the total cost for the client of their booking only.
2.8 If the evening reception over-runs by more than 30 minutes from the scheduled finish time of coverage, £100 may be charged for every half hour period that You require Tom to stay.
3.1 Where extra expenses or time are incurred by Tom as a result of alterations to the original brief by You (for example, additional prints or books are requested), You shall give approval to and be liable to pay such extra expenses or fees as agreed or estimated.
3.2 Any extra expenses are payable by You within 7 days of demand.
3.3 Travel expenses or other costs for weddings within 1.5 hours travel of London are included in the quoted fee, unless otherwise stated. Expenses for travel to weddings outside the Greater London area will be included in the final invoice.
4. Artistic Licence
4.1 Tom shall be granted creative and artistic licence in relation to the Photographs including without limitation, their selection, editing and post processing. Tom’s judgement on photographic style shall be deemed correct. SHOT LIST: The Client will be responsible for providing a “shot list & timing list.” The role of the shot list & timing list is to identify people of whom/which specific group photographs are desired, as well as to make certain that these subjects are available when needed. The items on this list should only be specific family combinations, unique events, special details, etc. Due to the weather, available light, timing restrictions, willingness and the availability of subjects, no one image is guaranteed. The shot list and timing list will only be used for organisational and advisory purposes.
5.1 A booking is considered firm as from the date of confirmation and accordingly Tom will, at his discretion, charge a fee for cancellation or postponement (subject to the provisions of clause 2 below).
5.2 Notwithstanding the above, You have a period of 14 days from the date you sign this agreement to cancel this agreement in full or in part by giving Tom notice in writing. The notice must be provided by all client signatories to this agreement and shall act to cancel the agreement in full or relevant part. In the event that your Wedding Day is less than 14 days from the date You sign this agreement, then You shall be entitled to cancel up to the date of your Wedding Day only. If You cancel this agreement in accordance with this clause 5.2, then Tom will return any monies paid by You in relation to the Photography Services cancelled to You within 14 days of your notice to cancel to such account as You notify Tom.
5.3 FORCE MAJEURE: Neither party is liable for failure to perform their obligations under this contract if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster). Neither party is entitled to terminate this Contract under Clause 5 (Cancellation) in such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party’s obligation, then the non-performing party must prove that they took reasonable steps to minimize delay or damages caused by foreseeable events, that they substantially fulfilled all non-excused obligations, and that they timely notified the other party of the likelihood or actual occurrence of an event described in Clause 5.3 (Force Majeure). In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
The entire copyright in the Photographs is retained by Tom at all times throughout the world and shall under no circumstances be assigned to You.
7.1 No use may be made of the Photographs provided to You by Tom before payment in full of the relevant invoice(s) without Tom’s express permission.
7.2 Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date.
7.3 You shall have a non-exclusive right to use the Photographs provided to You by Tom for your own private purposes which shall include but not exclusively re-printing them, uploading to Facebook or other similar websites, emailing to friends and family and such like (the “Licence”).
7.4 The Licence only applies to You and its benefit shall not be assigned to any third party without Tom’s prior written consent.
7.5 Permission to use the Photographs provided by Tom to You for purposes (commercial or otherwise) outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further licences in respect of the Photographs will be subject to these terms and conditions.
7.6 Tom retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
8. Waiver of Rights
8.1 Tom may use the Photographs to promote his own business.
8.2 Tom may use any or all of the Photographs for any purposes throughout the world for the full period of copyright. Tom’s work may feature on wedding blogs, on social media, Pinterest and in wedding magazines, and it is agreed that Tom may use the Photographs for this purpose unless you opt out in writing and this is acknowledged by Tom.
8.3 By signing this Agreement You both irrevocably and unconditionally waive your respective rights under the Copyright, Designs and Patents Act 1988 Section 85, as amended from time to time, and under the laws now or in the future applying outside the United Kingdom in relation to the Photographs.
8.4 You confirm that the waiver contained in this agreement is for the benefit of Tom, his licensees, assignees and his successors in business.
Tom shall keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the Photography Services, save as may be reasonably necessary to enable Tom to carry out his obligations in relation to the Photography Services, the Photographs.
This agreement shall be governed by the laws of the United Kingdom.
I have read and fully understand these terms and conditions and realise that this contract becomes effective immediately.