Below you will find our Terms & Conditions for undertaking Photographic Services. We only undertake work subject to these Terms & Conditions.
TERMS AND CONDITIONS OF CONTRACT FOR PHOTOGRAPHY SERVICES
For the avoidance of doubt the following terms & conditions “the photographer” shall mean Eddy Lush Photography. “The client(s)” shall be those persons defined as client, bride and groom or couple in the booking form, of which forms part of this agreement. Both parties agree that the following terms in conjunction with the booking form, 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.
Deposit Payments.
A non-refundable deposit of £50 as well as full acceptance of the terms and conditions as published on the photographer’s website secures the time and services of the Photographer for the wedding/event and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The deposit 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. If weddings need to be postponed to a later date, the photographer will retain the fee and it will be moved forwards against the revised booking on condition that the photographer can re-schedule the photo-shoot for the new date and time.
Wedding/Event or Photo-shoot Details.
The details of the wedding arrangements, event or other type of photo-shoot requirements are to be as agreed beforehand in the booking form and/or alternate email that the photographer has acknowledged in writing. If changes are to be made to these pre-arranged requirements, these must be submitted in writing allowing enough reasonable time for the other party to receive them and reply accordingly. No liability will be accepted by the photographer for delays or disruption in their delivery of the photographic service until these changes have been received and acknowledged as set out above.
Cancellation.
Either party may cancel this agreement at any time by giving written notice to the other party, but in doing so the following forfeits will apply – If the Client cancels they shall forfeit any deposit paid. If the client cancels within 4 weeks of the wedding, full payment will become due. If the photographer cancels at any time the client will be entitled to a full refund of all monies paid. Cancellations must be always be in writing.
Image Quality and Colour.
Whilst the photographer will endeavour to produce a pleasing colour balance in the style that the photographer ordinarily adopts, there cannot be any guarantee as to exact colour matching due in part to a problem caused by high reflectance at the far-red and near infrared end of the spectrum, where the eye has little or no sensitivity. This is sometimes caused by certain man-made fibres and material dies. The way the human eye sees colours completely differently to the way colour is recorded on film or digitally. The same is true of the various printing processes involved. A photograph can be produced in RGB (Additive colour model) and printed in CMYK (Subtractive colour model), two complete opposites, so they can never actually match up! But that is technology and that is the way things are. Please note that all quoted image sizes are nominal.
Shooting Restrictions
On occasions the photographer’s movements are restricted by the venue, the official in charge of the proceedings or other outside influences. The photographer cannot accept responsibility for the area/angle from which the photographer may be forced to access. It can sometimes not be the photographers choice but the photographer will always try to get the best photographs available within these constraints.
Editing and Retouching.
All images will be adjusted for exposure, brightness, contrast, sharpness etc. The Photographer shall use their best judgement regarding adjustment for exposure, brightness, contrast, sharpness and the number of images forwarded to the Client for preview shall be deemed correct. Special editing, retouching, digital manipulation and artistic special effect finishing is available to the client as an option and charged for at extra cost. A separate quotation should be requested for this service.
360 Photography
This is a specialist area of photography that is extra to the normal packages offered. Certain effects require the correct platform to view the resultant images as an interactive 360 degree panorama. The photographer makes use of free platforms such as Facebook and Google Street View where possible to maintain competitive pricing of the service. As such, it has no control as to the continued use and availability of these platforms and accepts no responsibility for these services not being available. The requirement for this service should be requested in advance of the actual photo-shoot as the photographer would not ordinarily bring the specialist equipment to the shoot.
Orders and re-orders of Prints.
All prints other than ones quoted within the chosen package deal or agreed on the order form shall be classed as “extra-over” to this contract and no responsibility for error will be accepted unless orders are given in writing.
Copyright.
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 retains the right to, and the client(s) hereby agree(s) to, allow the photographer to display or use any photograph covered by this contract in a manner that the photographer sees fit and to generally promote the photographer’s business in advertising, brochures, social media, sample albums, magazine articles and websites etc. The grant of any reproduction rights is conditioned upon receipt of payment in full. All rights that are not expressly granted shall be reserved by the photographer. Modification of any photograph/s and/or incorporation within any layout or concept shall not constitute a Joint Work.
Artistic Licence.
With regards to the poses photographed, props and locations used, the Photographer/s shall be granted artistic licence. The Photographers judgement regarding the locations, poses, props, lighting and number of images taken shall be deemed correct. Sometimes the willingness of subjects and inclement weather or other unforseen circumstances can affect the ability to capture all the images requested.
Force Majeure or Act of God.
The photographer shall be under no liability if they shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. The photographer’s equipment is check regularly and particularly the day before a shoot and all reasonable steps are undertaken to ensure a back-up plan including back-up equipment. And vehicles are covered by breakdown cover to minimise the possibility of thing going wrong. The photographer will endeavour to undertake due performance of this contract however the photographer will not be responsible for photographs that are not produced due to technical failure and this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. During the continuance of such a contingency the customer may by written notice to the photographer, elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Unforseen Circumstances.
In the unlikely event of the assigned Photographer being unable to attend your wedding or event 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. Neither party shall be liable for indirect or consequential loss.
Insurance and Personal Accident.
Whilst the photographer is covered by a minimum of £2 million Public Liability insurance, 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 during a photographic shoot.
Booking Form
The booking form is an integral part of these terms and conditions and the details contained therein should be read as such.
Applicable Law and Jurisdiction
This agreement, or these General Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of England and Wales and be subject to the exclusive jurisdiction of the Courts of England and Wales.
The terms of this contract are accepted by :
CLIENT:
DATE:
Address:
PHOTOGRAPHER:
on behalf of Martin Tuite-Sterling Trading as Eddy Lush Photography
DATE:
Address: