Here is my contract for you to take a look at.
In the following Terms and Conditions “the Photographer” Colin John Clay trading as Colin Clay Photography Ltd or any photographer appointed by Colin Clay under condition 7 (and “Photographers” shall be construed accordingly). “The Client” shall be the couple whose names appear on the Booking Form (each a “Client” and together the “Client”). The due performance of the contract is subject to the conditions below. The Client cannot vary these in any way unless the Photographer in writing expressly agrees such conditions.
- Copyright: The Photographer shall retain the copyright, image rights and all other intellectual property rights in any photographs forming the subject matter of these Terms and Conditions. The Client is free: to share, to copy, distribute and transmit the images but at all times the Client must give credit to Colin Clay Photography for the images so used. The Client may not use the photographs for any commercial purposes without the express written permission of the Photographer.
- Display: The Client hereby allows the Photographer to display any photograph referred to in condition 1 to generally promote the business in advertising, brochures, magazine articles, websites and other such promotional or portfolio material. If the Photographer wishes to use the photographs for any other purpose it may only do so with the express written permission of the Client.
- Coverage and Reproduction:
The Photographer undertakes that in performing its obligations under these Terms and Conditions it shall at all times act with reasonable skill and care. The Client undertakes that they shall at all times use their reasonable endeavors to respond promptly to any request for guidance or instruction which is reasonably required by the Photographer to enable it to perform its obligations under these Terms and Conditions.
- a) Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the Client requirements.
- b) The Photographer shall use all reasonable endeavors to photograph all individuals as requested by the Client at some point, but no responsibility will be taken by the Photographer on the occasion that someone is overlooked.
- c) For a booking involving a church ceremony or at certain venues; the Photographer’s movements are sometimes restricted by the minister or official in charge. The area from which the Photographer is able to cover the ceremony may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. The Client is strongly advised to check with the appropriate authorities.
- d) For a wedding or other event booking the Photographer shall use all reasonable endeavors to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons or as the result of adverse weather conditions. The Client takes responsibility for completing the Q&A supplied by the Photographer prior to the wedding so that the Photographer is aware of key moments during the day. The Photographer shall not be liable for not photographing those moments that were not brought to their attention in such schedule.
- e) There is a danger that guests can unwittingly spoil shots. The Photographer will speak with the guest or bride or groom or coordinator if appropriate. In some circumstances coverage may be compromised or may have to be cut short. The Photographer shall accept no responsibility on the occasion that this happens, although it is regrettable.
- f) The Client agrees that the Photographer shall be the exclusive stills photographer. The activity of another professional photographer or videographer or enthusiastic hobbyist can endanger the quality of the final product. Please notify us beforehand with contact details so that we can liaise with other parties and plan the photography accordingly.
- g) Please note that any alterations made to the booking by the Client once details have been confirmed may only be made at the discretion of the Photographer and in some circumstances (such as the change of ceremony date for a wedding) the Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the Photographer is not liable to compensate the Client in any way whatsoever.
- h) A complimentary pre-wedding shoot is included in every package, unless changes are agreed in writing. An engagement shoot does not have any monetary value and cannot take place after the wedding date, unless agreed in writing.
- a) Where the wedding date is no more than 12 months after the date of signing these Terms and Conditions, all photographic services undertaken on the wedding date are supplied at the Photographer’s prices as at the date of signing. All reprint orders, if placed after six months of the wedding date, are supplied at the Photographer’s prices as at the time the Photographer receives such order.
- b) Prices are not currently subject to VAT.
- a) A non-refundable 25% booking fee (paid by cash, cheque or bank transfer) along will confirm your booking. The booking fee forms part of the total cost of the wedding package and is deducted when calculating the final balance due.
Payment for the photographic coverage is due in full NO LATER THAN eight weeks prior to the date of which your wedding occurs.
- b) Title to all goods remains with Colin Clay t/a Colin Clay Photography Ltd until paid for in full by the Client.
- Complaints: any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, frames and any other special services that have been agreed.
- Force Majeure:
- a) The due performance of the contract is subject to alteration or cancellation by the Photographer owing to any cause beyond their reasonable control, including but not limited to, total photographic failure, sudden illness, injury, victim of crime, fire, explosion, storm, and flood, other natural disaster or severely adverse weather conditions.
- b) The Photographer may contact other photographers of equal skill and professionalism in the event that they are not able to attend your booking due to clause 7a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
- c) In the event of cancellation by the Photographer, or in the unlikely event of total photographic failure – although re-shoots may be arranged if practicable – the Photographer will not be responsible for costs in order to stage re-shoots. The Photographer liability shall be limited to a full refund of any booking fees and fees paid.
- Digital Files:
- a) The digital files shall be kept for not less than 12 months from the wedding date at one site.
- b) Should digital files be lost, damaged or destroyed the Photographer’s liability shall be limited to a pro-rata refund of fees paid, but shall not include a refund for any goods already supplied. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
- c) All orders should be placed with the Photographer before the end of a 6-month period starting at the wedding date. The Photographer will not be liable for failure to produce any orders placed after this time.
- d) In the event that the Client would like another copy of their photos within this 12-month period then the Photographer reserves the right to charge a reasonable fee for reproduction and administrative costs involved.
- Cancellation Fees: If the Client should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation. Cancellations must be made in writing.
- a) Cancellation within two weeks of booking and more than three months to go until the wedding date – the non-refundable booking fee. Please see clause 5a above.
- b) Cancellation with less than three months to go until the wedding date – full price for the complete photographic coverage booked, but no charge for any optional extras, unless you were advised otherwise at the time of booking.
- c) Where the Photographer is able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
- Placing an Order and Receipt of Goods:
- a) Any alterations to orders must be notified either by phone or email and confirmed in writing, sent by Royal Mail special delivery, within three working days of the order being placed. The Photographer will not be held liable for any costs incurred due to alterations to the order made by the client after this time.
- b) The photographs from both engagement sessions and the wedding day itself may take up to eight weeks to complete, especially in peak season.Allow 28 days for delivery of other orders. The Photographer will notify the Client if this will be subject to delay due to person/public holiday orunforeseen circumstances under clause 7. The Photographer(s) will not be liable for delay to orders that are outside its reasonable control.
- c) The Photographer must be notified either by telephone or email and confirmed in writing, sent by Royal Mail special delivery, within three working days of the Client being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.
- d) Due to the nature of the product the Photographer is unable to give exchanges or refunds. This does not affect your statutory rights.
- Privacy: Colin Clay/Colin Clay Photography may store your data on a private internal database. This data will not be made available to outside companiesor individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
- Governing Law: These Terms and Conditions and any non-contractual obligations arising out of them shall be governed by, and construed in accordance with, the laws of England and Wales, and each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
- Third Parties: A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts(Rights of Third Parties) Act 1999.
- Insurance: The Client is hereby advised to take out an insurance policy to cover any expenses in the event of cancellation. The Photographer carries full Professional Indemnity and Public Liability insurance.
- Counterparts: These Terms and Conditions may be executed as multiple counterparts and execution by each party of any one such counterpart shall constitute due execution of these Terms and Conditions.
- On the Day: The Client agrees to supply the Photographer with a hot meal during the course of the wedding day, generally served while the Client sits for the wedding breakfast.
We, the undersigned, have read and understood the above and agree to abide by these Terms and Conditions.
We, the undersigned, understand that the terms of this agreement cannot be changed unless agreed by Colin Clay/Colin Clay Photography Ltd in writing. You realize that these Terms and Conditions become effective immediately and agree the booking fee is not refundable and cancellation rates will apply in the case of any cancellation by you. This does not affect your legal rights. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office. As with any contract you should obtain independent legal advice.