General Terms and Conditions:
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Agreement Definitions:
The term image includes multiple or singular works of photography, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection to a public/paying audience, xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, layout or presentation. The term The Photographer refers to Karla Gowlett. The term The Client refers to the wedding couple. The term license refers to the agreement of image use between The Client and The Photographer.
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Variation:
No variation of the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by The Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
All prices and packages are subject to change. Prices are adjusted periodically; future bookings will be priced at the time of booking. Future re-orders will be charged at the present days prices.
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Copyright and usage:
The image is owned by and retained by The Photographer at all times throughout the world. The Client agrees that The Photographer is the sole author of the image. The image is on loan and no property or copyright in any picture passes to The Client either on submission of the pictures or on the grant by The Photographer or reproduction rights for any picture.
The Client may distribute the Image – both high and low resolution versions - to their guests, friends and family to use for personal purposes, without further charge from The Photographer.
The Image may not be passed on to a third party for commercial purposes including competitions, articles, advertising, stock or any form of publication without prior written consent from The Photographer. Any monies accumulated from third party use will be the property of The Photographer as the copyright holder.
The Client will fully indemnify The Photographer against any unauthorised reproduction of the image submitted to The Client made by any third party as a result of or arising out of any breach by The Client of any of these terms and conditions (including but not by way of limitation The Client allowing the image or a copy thereof to come into the possession of a third party without The Photographer’s prior written consent).
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Confidentiality:
The Photographer will keep all details of The Client confidential and will not disclose to any third parties or make use of material or information communicated to her in confidence for the purposes of the booking as may be reasonably necessary to enable The Photographer to carry out her obligations in relation to the Wedding.
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Exclusivity:
The Photographer shall be the exclusive photographer for the Wedding booked. Guests are permitted to take photographs as long as they do not disturb or disrupt or interfere with photographer’s duties. The Photographer has the right to kindly ask the person obstructing to refrain from doing so, in order for The Photographer to carry on their duties.
Image:
The Photographer 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 fibers – and light.
The Photographer may use any images included in this contract in her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising and slide shows unless stated by The Client in writing. The images will not be used commercially without prior written consent from The Client.
The Photographer will take no responsibility for albums that have incorrect images due to client error. A nominal charge will be made for re-print and postage.
Retouching:
Digital manipulation is available to The Client as an optional extra.
Reorders:
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.
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Supplied Media:
The Photographer will not be held responsible for damage of albums/prints that were dispatched undamaged. The Photographer will provide a duplicate album/prints and recover the costs from Royal Mail with the cooperation of The Client. If a CD is received with a technical fault, The Photographer will send a duplicate at no extra charge to The Client.
The images are presumed to have been received in a good condition unless The Client notifies The Photographer in writing of any discrepancy or error within 14 days of receipt. There is no right of rejection on the basis of style or composition.
While The Photographer has taken reasonable care to correctly identify, caption and orientate the image, she does not accept any liability for loss or damage incurred by The Client or any third party caused by any errors. The Photographer recommends that a duplicate CD is made in the immediate instance of receiving the CD of images. The Photographer cannot be responsible for the damage to CD-ROMs provided, appropriate care is The Client’s responsibility.
The Photographer will not be liable for degradation of images due to poor handling and insufficient care. The Client should be aware that colour dyes in photography may fade or discolour over a period of time due to inherent quality of dyes and insufficient care and preservation of prints and albums.
The Photographer may take no responsibility for the slight colour change from proofing to final completed images. Due to technical processing, under no circumstances can The Photographer guarantee that the colour of the proofs supplied and the colour of the final images will be exactly the same.
Payment:
Final agreed package amount will depend on the precise requirements of The Client.
A holding deposit of 50% is required within 4 weeks once confirmation has been made. Once cleared, The Photographer will be the sole photographer for your day and will not book any other weddings on that day.
The Photographer cannot hold your date without the deposit. The holding deposit of your day is 50% of the agreed quote – including all expenses. Once The Photographer has been commissioned, The Client is responsible for payment of all expenses incurred up to the time of cancellation. Upon cancellation, 50% of the holding deposit will be refunded up until 3 months before the date of the Wedding. All expenses incurred up to the date of cancellation will be charged separately and subtracted from the refunded 50%
The holding deposit is non-refundable if cancelled less than 3 months before the wedding.
The remaining 50% will be due 1 week prior to your wedding day – an invoice will be sent 2 weeks before when contact is made to reconfirm all details.
Non-payment of the holding deposit or remaining 50% prior to the wedding date constitutes a breach of contract from The Client. Any previous contract will become null and void.
Photography time over the agreed time will be charged at £75.00 for the first hour, £50 each hour after and will be invoiced to the client.
All cancellations must be in writing. 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.
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Additional costs:
No additional traveling expenses will be incurred unless previously stated.
With Weddings taking place outside of London -
- It may be necessary to travel on the evening prior to the wedding to avoid unforeseen travel problems.
- It may be necessary to stay overnight where a wedding finishes late into the evening to enable the safe return of The Photographer and the Images.
The cost of accommodation shall be included and booked prior to the wedding day and included in the final quote.
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 Photographer cannot be held responsible for images and photography sessions being disrupted by adverse/unfavourable weather conditions.
The Photographer will not be held responsible for the lack of coverage caused by the bride and groom, wedding party, guests, not being on time or interfering or restricting the photographer’s duty. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. The Photographer cannot guarantee any specific image nor incorporate any specific background or group arrangement.
The Photographer will not be held responsible for the church, reception, hotel etc having restrictions that prevent images being taken.
Any announcement made that will affect your photography and the day, timings, venues etc should be notified as soon as possible in writing to The Photographer. Any circumstances not bought to our attention that affect the out come of the wedding photography will not be the responsibility of The Photographer.
Cancellation, Force Majeure or Act of God:
Although The Photographer will protect herself and her personal equipment with the utmost care, she shall not be liable to The Client for any failure, in whole or in part, to fulfill her obligations where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) power or equipment failure, theft, inclement weather, illness, injury or act of God.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, The Photographer reserves the right to recommend another photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability.
The holding deposit will be 100% refunded in the unlikely event of The Photographer making the cancellation - Up to 72 hours before your ceremony.
The Client may cancel this contract at any time by giving written notice to The Photographer.
The deposit is 50% refundable upon cancellation if more than 3 months before the wedding. All expenses incurred up to the date of cancellation will be charged separately and subtracted from the refunded 50%.
The holding deposit is non-refundable if cancelled less than 3 months before the wedding.
UPDATED 19.01.10
