Full Names
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Email addresses and phone numbers
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Postal address
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Wedding Date
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Where will the ceremony and reception be held?
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Estimated number of guests
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Pick the coverage you would like to book
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Which extras would you like?
Other add-ons not listed above
Is there anything else I should know about the wedding?
Why did you choose me as your photographer?
The Contract
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“We” are:
Suzie Smith trading as Suzie Smith Photography of 41 High Street, Easton, Bristol BS5 6DW
(“Photographer”)
“You” are:
(“Client”)
1. Definitions
In this agreement:
“Assignment”means the project of work, goods and services set out in the proposal.
“Deposit” means the sum paid by the Client at the commencement of the Assignment to secure the date of the delivery of the Services for and at the Event, and to allow us to commence work under the Assignment.
“Terms”
“Event” means the event where the Services are to be delivered by the Photographer.
“Fees”means money paid, or owed to the Photographer by the Client for the Goods and Services
“Goods” means any goods supplied to you as part of the Assignment and includes Images.
“Images” are the digital, film, photo or other images in all formats, edited or unedited, that the Photographer creates as part of the Assignment.
“Services” means the photographic, editing and other services we supply as part of the Assignment
means these Terms and Conditions.
2. Price and Payment
2.1. The price for the Assignment is set out in our proposal. There is no VAT. This price includes attendance at the Assignment and all the Images sent to the Client during and post Event, by email or in other digital transfer/formats. The price excludes any expenses that will be incurred by the Photographer, which will be separately agreed in writing and invoiced.
2.2. A Deposit of 25% of the price shall be paid upon entering this agreement and the Photographer’s invoice for the Deposit will follow – please refer carefully to Clause 3.
2.3. A second payment of 25% of the price shall be paid no less than 120 days before the Event.
2.4. The final payment of 50% of the price plus any expenses shall be paid no less than 90 days before the Event.
2.5. The price and any expenses shall be the Fees of the Photographer.
2.6. In the event that the Client requires any additional post Event Services to be
undertaken (for example, in Photoshop or similar) then additional Fees may be levied which shall be agreed between the parties before any Services are undertaken.
2.7. In the event that the Client requires post Event Goods (e.g. reprints, albums etc) then additional Fees may be levied which shall be agreed between the parties before any Goods are sourced or created.
3. Cancellation of Agreement and the Deposit
3.1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing or by email, subject to the matters set out in this clause.
3.2. If the Photographer cancels the Assignment, the Fees paid will be repaid to the Client within 14 days of cancellation, and no further sum or compensation will be payable to the Client by the Photographer arising from such cancellation.
3.3. If the Client cancels the Assignment within 14 days of entering into this agreement, then the Deposit shall be repaid to the Client in full.
3.4. If the Client cancels the Assignment more than 14 days after entering this agreement but more than 120 days before the Event the Deposit is forfeited and will not be repayable to the Client under any circumstances. No further Fees shall be paid by the Client.
3.5. If the Client cancels the Assignment less than 120 days but more than 90 days before the Event then 50% of the Fees are payable immediately (less any Fees already paid) and any paid as at the date of cancellation are forfeited and are non-refundable in their entirety.
3.6. If the Client cancels the Assignment less than 90 days before the Event, then 100% of the Fees are payable immediately (less any Fees already paid) and any paid as at the date of cancellation are forfeited and are non-refundable in their entirety.
4. Licence of Images to Client
4.1. 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 the Images save as set out in the Terms. Fees 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 all Fees due under this agreement.
4.2. 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 through such channels, subject to the Client acknowledging the Photographer’s rights and ownership of the Images when shared digitally. Where Images are provided with the Photographer’s watermark, no additional written acknowledgement will be required. The licence does not allow the Client to use the Images for any commercial purposes.
4.3. So far as any goodwill is generated by the Client’s use of the Images it shall accrue to the benefit of the Photographer.
4.4. The Photographer reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.
5. Licence of “Model”Rights to Photographer
5.1. The Client warrants that they have obtained all model rights and location permissions 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 an Image of any person or thing at the Event.
5.2. The Client agrees that the Photographer may use their model rights in the form of Images taken in this Assignment, only to market their business as a photographer.
6. Products
6.1. Any post Event Goods such as albums, posters, framed images or reprints must be ordered within 12 months of the Event. The price of Goods may change in that time and the Photographer reserves the right to vary the price of Goods if suppliers increase their prices.
6.2. The Client is responsible for collecting any Goods from the Photographer. Alternatively, the Photographer can accept no liability whatsoever for any delivery agents or carriers that are appointed by the Client.
6.3. Where digital files for Images are provided, the Client is responsible for ensuring that the digital files are safely stored upon delivery or collection, and the Photographer is under no obligation to store or maintain copies of the digital files or Images for more than 12 months after the Event.
7. General Terms
7.1. In order to plan properly and deliver great Goods and Services, the parties agree to comply as far as reasonably possible with the matters set out in Schedule A of the Terms.
7.2. Verbal or email instructions by the Client to proceed will constitute an acceptance in full of these Terms including the price.
7.3. The Photographer shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only post Event.
7.4. The Fees will be paid after invoices rendered from time to time. No VAT is applicable. Payment terms are 14 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time, the Services may be suspended and payment in advance may be required before the Services are recommenced. The Photographer reserves the right to require some or all of the Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.
7.5. If payment is not made in accordance with the above clauses, the Photographer reserves the right to charge an administration fee of £50 plus 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.
7.6. 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. Each party recognises and accepts its obligations with the regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our Privacy Notice on Our Website.
7.7. The Photographer will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made (in Contract or in Tort) the Client may be entitled only to a refund of the Fees or part of the Fees.
7.8. The Photographer’s liability in respect of any loss of goodwill, 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.
7.9. Nothing in the Terms will exclude or limit liability for death or serious injury caused by the Photographer’s negligence.
7.10. The Services may be terminated if the payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the 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 or suspends their business. Upon termination, the Client shall immediately pay any outstanding sums to the Photographer.
7.11. The Photographer operates a zero-tolerance policy to anti-social or abusive behaviour by the Client or their guests. If the Photographer, or their staff or representatives, are subjected to unacceptable levels of verbal abuse, drunken or lewd behaviour or actual or perceived threats, the Photographer shall be entitled to immediately withdraw the Services and leave site without penalty or refund to the Client.
7.12. If the Photographer is limited or hindered from providing Services booked by the Client due to circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, then the liability of the Photographer to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered) and the Photographer shall (where the value of the Services already delivered to the Client is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The Photographer shall not be liable for any additional losses incurred by the Client in such circumstances.
7.13. Nothing in the 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.
7.14. The Terms and any dispute arising from them shall be governed by the laws of England and Wales.
v.August 2020
SCHEDULE A
a) PRE-EVENTCONSULTATION:
There will be a pre-event consultation before the wedding date to agree shooting times, locations and important photographs. This consultation can be conducted via email, video-call, phone or face-to-face meeting. The purpose of this meeting is to create a plan for the Event and the Photographer can accept no liability for missed Images if any information is either not provided or is inaccurate.
b) EVENT GUIDE:
The Client (or someone designated by them) will be responsible for identifying people/objects of whom/which specific photographs are desired. The Photographer can accept no liability for missed Images if any information is either not provided or is inaccurate.
c) 45 MINUTE WINDOW:
The Client agrees to set aside at least 45 minutes after the wedding ceremony for the taking of the photographs that cannot be obtained during the ceremony or before. This includes the shooting of group photographs and couple photographs.
d) CO-OPERATION:
The parties agree to positive co-operation and communication for the best possible results from the Assignment. The Client is responsible for the conduct of guests and all other service providers (florist, DJ, caterer, videographer etc.). Co-ordination with other service providers is necessary to complete all of the photography sessions as scheduled.
Verbal or physical abusive language or behaviour will not be tolerated in any way and will lead to an immediate termination of the Assignment. In these circumstances, there will be no refunds whatsoever paid by the Photographer.
e) HOUSE RULES:
Please remember that the Photographer is limited by the guidelines of the ceremony official or the reception site management and therefore the Client must accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility, and the Photographer will offer technical recommendations only.
f) EXCLUSIVITY / GUEST PHOTOGRAPHY:
The Photographer can accept no liability for negative impact caused by guest or other professional photography. The planned photography time is for the exclusive use of the Photographer to capture the formal wedding portraits and guest photography cannot be permitted during this time.
g) YOUR PHOTOGRAPHS:
Reprints or additional prints of photos not included in the proposal may be ordered at further cost. Albums or other Goods post Event are also available at extra cost. A guide to these prices can be given at time of booking.
To create your client gallery, the Photographer will perform a “regular” and basic edit on the Images, to include correcting colour balance, exposure level, adjusting contrast, and cropping to the best of their abilities. A handful of close- up portraits can also be treated for blemish removal.
This “regular” editing does not include special effects, de-aging or portrait improvements, and such extra work is chargeable per hour as additional Fees.
There is no guarantee given that any Image can be edited to particular requirements, but the Photographer will use best endeavours to meet any reasonable requests.
The Photographer has artistic license in what Images are produced to the Client and absolute discretion, if Images are not of adequate quality, to refuse to release them to the Client under the license set out in the Terms.
I agree to the above terms and conditions and acknowledge that this is a legally binding contract. Partner 1:
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First Name
Last Name
I agree to the above terms and conditions and acknowledge that this is a legally binding contract. Partner 2:
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First Name
Last Name
