It is agreed that the following terms 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.
The Booking Fee secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Following payment of the booking fee, balance of fees due are to be paid no later than 28 days prior to the wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images and albums is to be made when they are ordered.
The Photographer/s may display any photographs included in this contract in his/her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
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/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the unlikely event of the assigned Photographer being unable to attend your wedding 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.
The details of the wedding arrangements are as detailed on the Wedding Booking Form accompanying this agreement.
The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full becoming due. All cancellations must be in writing.
All Negatives/digital files remain the property of The Photographer/s. RAW Files will not be distributed to the client as part of any collection.
Final images will be edited and supplied to you in digital format on either Disc or USB and given to you in approximately 90 days from the date of your wedding. Images supplied will be chosen by the photographer & at his discretion as to which images make the final cut.
If traditional albums or photo-books are required please allow a further 90 days after the clients have chosen their images for the album to be processed.
Prices - Value of Prints Included Within Package
The value of prints, or other items, included within the agreed price is only redeemable as a discount against those items at the prices listed by the Photographer and ordered by the Client within three months of the wedding date. At no time will this value be transferable for a cash alternative. Any monies over and above the value of discount are to be paid at the time of order.
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers and Dal Hatton Photography Public Liability Insurers (Hiscox) to mediate but only on the basis that its decision shall be final and binding upon both parties.
This agreement shall be governed in accordance with the laws of England and Wales.
Documents Appended To This Contract
The following documents are appended to, and form part of this contract;
1. Wedding Booking Form
2. Wedding Photograph List
updated 1.2.2017 dal hatton photography - all rights reserved