Wedding Contract Terms - 2018
ELIZABETH G PHOTOGRAPHY (“The Firm”)
Wedding Event Photography
Booking Form & Contract for Services Reference
A Contractual Agreement dated 13th February 2018 Between
Elizabeth G Photography of 85 Scatterdells Lane Chipperfield Hertfordshire WD4 9EU (“The Firm”)
And
Client Name(s): (“The Client(s)”)
Client Address:
Telephone:
Email:
It is hereby agreed that The Firm will provide Wedding Photography Services as follows:-
Bride Name
Groom Name
Wedding Date
Ceremony Venue Address
Reception Address
Bridal Prep Address
Best Man Name and Contact No:
Chief Bridesmaid Name and Contact No:
Wedding Event Photography Booking Form & Contract for Services
The Firm agrees to provide photography services to the Client(s) at the stated venue(s) between the hours of ..........am and .............pm on the relevant date(s) - to be mutually agreed.
The Firm shall provide photography services for the Bride and Groom consisting of the following:-
Pre-Ceremony Preparations/Wedding Ceremony/Reception/Formals
Bride & Groom Formals
Bride, Groom, Family & Guests Individual and Group Photographs
Discreet & Candid photographs throughout the proceedings
Complete Wedding Event Package Price Quoted and Accepted by Clients (delete as appropriate):-
COLLECTION (i) £2995 COLLECTION (ii) £2265 COLLECTION (iii) £1675
Payment terms for Wedding Events booked at least 28 days in advance of the date of the event are:-
a. £295 Non-Returnable Booking Fee payable immediately upon Client signing Booking Form
b. 50% Balance of Fees and Charges payable no later than 6 months prior to the Wedding Event, with final payment payable at 8 weeks prior to the wedding day.
For Wedding Events booked less than 28 days in advance of the date of the event, the full amount of the quoted fee charges are payable immediately upon the Client signing a Booking Form
Upon acceptance, agreement and signing of this Booking Form by the Client(s), The Firm shall agree to specifically reserve and set aside the time and date slots as stated above and refuse to take any other bookings on those days and at those times which might conflict with this Wedding Event Booking.
All services provided by the Firm in relation to a Wedding Event are subject to our Specific Terms & Conditions relating to Wedding Events (see below) and are also subject to our Standard Terms and Conditions of Trading. (viewable on our website here: https://www.elizabethg.co.uk/tsandcs/)
The Client’s acceptance and signing of this booking form constitutes a legally enforceable contract. The Client(s) should only sign if they agree to enter into such a contract.
I/We hereby certify that I/We have read and understood your Firm’s Wedding Specific Terms & Conditions and your Standard Terms & Conditions and agree to be bound by them.
I/We accept your Firm’s quotation for this Wedding Event and agree to your Firm’s payment terms.
My/Our cheque number ........ is attached in payment for the agreed Retainer & Booking Fee/the full amount of the invoiced charges/ I/We have transferred payment direct to the Firm via bank transfer to account 12456845, sort code 60-17-32 and my/our name as a reference.
Signed by the Client(s) Dated:
Witnessed by:
Name:
Address:
Occupation:
Date:
Elizabeth G Photography (“The Firm”)
Wedding Specific Terms & Conditions
The following are specific to Wedding Events and are in addition to the firm’s Standard Terms & Conditions
It is mutually agreed and accepted by the Firm and the Client(s) that the following Wedding Specific Terms & Conditions state fully the contractual agreement made between the parties and that no variation or modification thereof shall be effective unless agreed and accepted by both parties in writing at least 14 days prior to the Wedding Event.
1. Basis of Event Booking, Photographic Images and Material to be Produced - It is an explicit Term of any Wedding Event Booking accepted by the Firm that the Firm’s acceptance of such booking relies entirely on the Client’s acknowledgement, unconditional agreement and acceptance of the fact that they have had the opportunity to view and signify their complete approval and acceptance of the style and artistic composition of the Firm’s Photographic Images, Albums, Materials and Samples as displayed in the Firm’s Portfolio, Literature, in their Studio, Display Areas, Exhibitions, Advertising Material or on their Website.
2. Retainer & Booking Fees - In the case of a Wedding Event Booking made by a client at least 12 weeks prior to the Wedding Event Date, a Retainer & Booking Fee will secure the services of the Firm for the specified Wedding Event and is payable by the Client to the Firm immediately upon acceptance and signing of a Wedding Event Booking Form. Retainer & Booking Fees are non-returnable in any circumstances and may not be transferred in the event of cancellation of a booked event. In circumstances where a Client makes a Wedding Event Booking on a date which is less than 12 weeks prior to the date of the Wedding Event, then the Client will be required to pay the full amount of the agreed event fees immediately upon acceptance and signing of a Wedding Event Booking Form and must acknowledge and agree that the total amount paid is non-refundable. The Firm will not accept any variation to these Conditions except in the most extreme circumstances beyond the control of the Client or the Firm. In such a case the Firm may agree to negotiate an amount of refund acceptable to both parties.
3. Payment and Settlement of Charges and Fees - Following payment of a Retainer or Booking Fee, 50% of the remaining balance will be due 6 months prior to the wedding date and the final payment due 8 weeks prior to the Wedding Event.
If the Firm does not receive the full amount of the agreed event fees by the above due date, then the Firm reserves the right to withhold performance of the Contracted Services In the absence of full payment of invoiced event fees, charges and costs, the Firm reserves the right to withhold delivery of all photographs and proofs. Products will be delivered once all event fees, charges and costs have been settled in full by the Client.
Further Images and Products ordered in addition to the images, photographs, albums and products originally ordered by the Client at time of booking will be charged separately and are subject to full payment in advance at point of order.
4. Display - The Firm reserves the right to display any photographs produced at the Wedding Event in their studio, on their website, in their portfolio, in literature, display areas, exhibitions, competitions, advertising material or slide shows.
5. Images - The Client must understand, acknowledge and agree that all image sizes are nominal and may not conform to commonly accepted standard print sizes.
Any images which appear as, oblong, square or panoramic in proof should be ordered as such.
When ordering specific images, albums and other material, Clients must consult with the Firm for advice on recommended formats.
The Firm accepts no responsibility under any circumstances for unsatisfactory prints produced as a result of Client’s reprinting from disc, other media or from the Firms Website or other sources. The Firm is not responsible for changes or corruptions to images caused by cropping by the Client or by any third party. The Firm utilizes the services of professional processing laboratories and manufacturers in producing images, albums, framed photographs and compositions and other material and products to the highest standards possible.
The Firm and it’s professional and trade associates will make every effort to provide a pleasing colour balance in all images but cannot guarantee an exact colour match due to variations and anomalous reflection effects caused by a combination of certain dyes and materials, in particular man-made fibres. Colours as seen by the human eye may, in some instances, be impossible to duplicate precisely or to reproduce on digital or photographic media.
The Firm refuses to accept any liability for corruption, distortion, alteration, discolouration, cropping, retouching or any other procedure or damage of any nature to images or any other media or material which have been submitted personally by the Client for laboratory or other processing to any one person or organisation.
5a. Album Design - After the wedding, The Client will be invited to the studio to proof their pre-designed album free of charge. Any further iterations of the design process will be charged at The Firm’s hourly rate of £25. To facilitate the necessary flexibility required in the album design process, The Firm cannot guarantee that all the selected images will be used, as The Firm does not always mix b/w and colour images on one album spread. The Firm reserves the right to decide on what images will be presented in b/w or colour.
6. Retouching - The Firm will provide all images to the Client as finished.
The Firm offers additional services of Retouching, Digital Manipulation Artistic Composition and Artist Finishing.
Extra charges are payable by the Client for these Services. An hourly rate of £25 per hour or part thereof applies to Additional Services, in addition to the cost of the additional images, albums and other materials ordered by the Client.
As stated above in 5, the Firm refuses to accept any liability for images and other material which have been submitted personally by the Client for laboratory processing, retouching or other procedures.
7. Image Selection - After your wedding, duplicate, unsuitable and images that do not meet The Firm’s exacting standards will be culled (deleted). The remaining set of images will be those presented to The Client.
8. Reorders - All reorders of images, albums and other materials must be made in writing and be subject to pre-payment in full. Reorders shall be treated as an extension of the contract between the Firm and the Client.
The Firm accepts no responsibility for error.
9. Copyright - The Firm reserves Copyright over all images, materials, media and products.
The Client is prohibited from copying, adjusting, re-colouring, re-sizing, retouching, altering or manipulating in any way any of the images, materials or other items produced by the Firm.
All images or copies thereof whether stored digitally or otherwise and any computer program or software including any source or object code, computer file or printed documentation relating to such images are protected by the Copyright, Designs and Patents Act 1988(c.48) also known as the CDPA.
The above legislation prohibits the copying by photographic, electronic or by any other means any image created as part of the contract between the Firm and the Client without the express prior written approval and permission of The Firm.
10. Exclusivity - The Firm shall be the sole professional (still) photographer at the venues specified. We do however positively encourage family, friends, and other guests to take photographs throughout the day. Notably, however, we will not be held responsible should your wedding guests with camera’s, mobile devices such as tablets or phones, selfie sticks, etc. impede or block partially or fully any of our photography. Unless otherwise agreed in writing, still photography supplied by The Firm will take priority over videographers professionally hired or otherwise.
11. License - The Client agrees unconditionally to grant The Firm the Artistic License in relation to the poses photographed and the locations used in relation to the Wedding Event. The Firm shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the location, poses and number of photographs taken shall be deemed correct. Photographs taken during the course of a booking will be at the discretion of The Firm, although best endeavours will be made to comply with The Clients’ requirements. The Photographers shall endeavour to photograph all subject matter as requested by The Couple during the booking, but no responsibility will be taken by The Firm should the subject matter not be available or willing at the time of the booking, or due to other factors such as available time and/or location of the subject matter or The Firm. The Firm’s movements are sometimes restricted due to, for example but not necessarily limited to, infrastructure, highways, weather, private property, obstacles (fixed and mobile), security, local law enforcement, emergency services and instructions from The Client.
12. Firm’s Judgement and Discretion - The Client agrees and accepts that The Firm’s judgment in relation to the locations, poses, compositions and number of images taken shall be deemed correct at all times.
The Client further agrees and accepts that The Firm be granted total flexibility and consent to use it’s own discretion in managing the Client, their Family Members, their Guests and Other Personnel present throughout the Wedding Event in order to facilitate the production of the required photographic images and materials
13. Weather - The Client must accept that weather conditions are beyond the control of the Firm.
The Client must therefore acknowledge, agree and accept that, under certain climatic conditions, it may not be possible to capture all the images requested.
14. Photographic Subjects. - The Client must accept that certain subjects may be unwilling to be photographed or to co-operate with the Firm. Such matters are beyond the control of the Firm.
The Client must therefore acknowledge, agree and accept that, in some situations, it may not be possible to capture images of such subjects.
15. Matters Beyond the Control of Either Party to the Contract - The Client must acknowledge, agree and accept that, under circumstances where conditions prevail or matters arise which are Beyond the Control of the Firm and the Client, due performance of the Contract must be subject to mutually convenient alteration by either party.
16. Substitute or Alternate - The Client must acknowledge, agree and accept that, in the event of the assigned Photographer of the Firm being unable to attend the Wedding Event due to illness, incapacity or other unforeseen circumstances, the Firm reserves the right to appoint another fully qualified and experienced Wedding Photographer, Firm or Company to attend at the Wedding Event on the Firm’s behalf to undertake and fulfil the photography aspects of the assignment to the best of their ability.
17. Limitation of Liability - The Photographer agrees that every effort will be made to provide high quality photographic services. In the unlikely event that a catastrophic mechanical failure should occur to the Photographer’s equipment or that the Photographer is unable to provide the couple with the agreed upon photography services and/or products, or if the quality of the services and/or products is deemed to be substandard by the couple, the Photographer and the couple agree that the Photographer is not responsible for any other consequential damages, emotional or otherwise. The Couple agree that an entire wedding cannot be replicated, re-enacted or repeated for the purpose of a re-shoot. Neither party shall be liable for indirect or consequential loss.
18. Negatives/Digital Files - The Firm retains exclusive rights of ownership over all images, negatives, digital files and other materials and media which remain at all times the property of The Firm. For digital supply of images, license to print or share digitally such as on social media is granted to The Client only. Please note that this is for personal use only. Images cannot be used for commercial use or gain by The Client or by any Third Party without the express written permission of The Firm. The images will be supplied as a jpg file at a size and dots per inch format suitable for general use by The Client.
Once you have received your digital images please check that you can view all of the images provided. If you encounter problems reading the media, you must notify us within seven days. After this period we will presume you have managed to read the images and generate suitable backups. After this period it will be deemed safe for us to purge your wedding images from our system.
19. Force Majeure or Act of God - The due performance of this contract is subject to alteration or cancellation by the Photographer owing to any cause beyond our control. In the unlikely event of total or part photographic failure, injury or sickness beyond the Photographer’s control, there cannot be any repercussions with regard to financial loss, as the photographer was carrying out the wedding photography free of charge.
20. The Data Protection Act (1998) - The Photographer may publish the photographs to promote Elizabeth G Photography, unless the individual concerned specifically requests that these be withheld. You are at liberty to request removal of your images at any time. The photographer will do everything in their power to carry out your request. No other personal information will be divulged.
21. Cancellation - The Client may cancel the contract at any time by giving written notice to The Firm.
In doing so, The Client must acknowledge, agree and accept that they shall forfeit any monies paid in relation to a Cancellation notified to the Firm less than 12 weeks before the Wedding Event and that the whole of the Contract Price of the event shall be payable in full to the Firm.
Clients must recognize, acknowledge and agree that by accepting a booking, the Firm is making a serious commitment of time and resources to ensure that the required services are performed and the products and materials are supplied to the Client in a timely and efficient manner and that any cancellation by the Client is likely to cause severe disruption, loss of opportunity and financial loss to the Firm.
Provided at least 12 weeks advance notice is given in writing by the Client to the Firm and provided the Firm is able to re-book the Wedding Event on an alternative date, the Clients’ booked Wedding Event may be postponed by the Client to a later date.
If a postponed date and time for the Wedding Event can be mutually agreed between the Firm and the Client, then the Retainer & Booking Fee will be applied as originally intended, in part payment against the total fee charges and costs payable by the Client.
In circumstances where a Client makes a Wedding Event Booking on a date which is less than 12 weeks prior to the date of the Wedding Event, then the Client must acknowledge, agree and accept that, in the event of a subsequent cancellation, the whole of the fees and charges are forfeited as non-refundable as stated in paragraph 2 above.
Cancellations as a result of extreme and exceptional circumstances beyond the control of both the Firm and the Client may, upon written representation by the Client to the Firm, be subjected to negotiation between the Firm and the Client with regard to the matter of any fee refund which might be considered appropriate or acceptable to each party in those extreme and exceptional circumstances.
The Firm reserves the right to give written notice to the Client to cancel any Wedding Event Booking for any reason, provided always that the Firm shall not cancel a Wedding Event less than 12 weeks prior to the date of such Wedding Event.
22. Complaints - Any complaints should first be raised by the Client with the Firm in writing within 14 days from the date of receipt of images. The Firm will do everything possible to resolve a Client’s complaint to their satisfaction.
In the unlikely event that a Client’s complaint remains unresolved, then the Client may request the Master Photographer Association to mediate. In such circumstances, a decision by the Master Photographer Association shall be final and binding upon both parties.
23. Privacy - The Firm may store The Clients’ name and wedding details on a private internal database. These details will not be made available to companies or individuals outside of The Firm.
24. Governing Law - Any contract made between The Firm and The Client shall in all respects be governed by and construed in accordance with EnglishLaw and the parties hereto submit to jurisdiction of the English courts.
25. Insurance - The Couple are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
Client Confirmation of Acceptance of Terms & Conditions
I hereby certify that the foregoing Wedding Specific Terms & Conditions have been read in full, are understood, accepted and agreed by me and that I agree to be bound thereby and to enter into a contractual agreement with “Elizabeth G Photography” on the basis thereof.
Client Signature:
Print Client Name:
Date:
Conditions Accepted