This contract is made between [Richard Clarke] (“Photographer”, “we”, “us”) and (“Client)”; “you”) for wedding photography services as detailed above, to be provided on the date and location provided by you. By signing this agreement, you hereby agree to be bound by the terms herein.
- Services Provided
Specific product & service choices have been made by the Client within the online booking form above, however the Photographer agrees to provide the following deliverables as standard:
- Photography coverage for the duration of the Event
- A minimum of 700 edited digital photographs (for coverage over 10hrs)
- A password-protected, online gallery of images
- Slideshow of the best moments to be provided with the gallery of images
- 2nd photographers, engagement shoots & albums are all additional options
- Payment Terms
The Client agrees to pay the Photographer the total fee outlined in the form above, based on the options selected by the client(s). An initial non-refundable retainer payment of 50% of the overall fee is required at time of booking, together with this signed contract. Dates are reserved only when this first payment and signed contract are received by the Photographer. An unconditional refund policy exists for a period of 10 days from receipt of the initial payment (“cooling off period”). The remaining balance should be fully paid no later than 14 days prior to the wedding date. Part/full payment(s) can be made at any time.
- Cancellation
In the event that the Photographer cannot attend for any reason beyond their control: death, accident, illness, flight cancellations or for any other reason, the Photographer will not be liable to compensate the client except to return any monies paid. In this event, we will make every effort possible to provide a substitute photographer of similar skill and experience. If the client(s) wish to cancel this agreement for any reason after a period of 10 days from the date of signing this contract, in addition to the existing retainer and as compensation for loss of income due to turning away other potential bookings for the same date, the following cancellation charges apply:
120+ days before the wedding date: no additional charges
90-120 days before the wedding date: 50% of the outstanding balance
Within 90 days of the wedding date: 100% of the outstanding balance
- Right of withdrawal
Photographer discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees will be returned, excluding fair market value for all services/products already provided. In case of withdrawal, £200 an hour is charged for all photography services already provided to the client(s). Should the photographer’s personal safety or safety of their equipment come under threat at any point during the wedding day, the photographer may cease their duties immediately and no refunds will be provided by the Photographer to the client under these circumstances
- Exclusivity
The Photographer shall be the sole professional (still) photographer(s) throughout the wedding day
- Creative License
The Photographer shall be granted creative and artistic license in relation to the choice of locations, poses and compositions used. The Photographer shall use personal artistic judgment to create images consistent with the photographer’s personal vision of the event. The Photographers judgment on photographic style and the number of photographs taken/provided to the client shall be deemed correct
- Provision of images
The Photographer will provide a collection of edited images to the Client in a private online viewing gallery. The images will be provided as high-resolution JPEG files. No guarantee will be made on the total number of images to be provided. The images provided will be deemed the full and final collection and under no circumstances will RAW files ever be released. We will digitally archive and store your images for a period of 12 months after your wedding date.
- Retouching
The images provided to the client will have been edited to correct exposure, color, contrast and tone, in line with the artistic vision of the Photographer. Advanced retouching is not included in the package price (e.g. skin smoothing/enhancement, correction of hair/makeup/clothing, removal of objects from a scene, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements). A quote will be provided for any requests for advanced retouching, although to date this has never been required.
- Album
If an album has been purchased as part of the package or at a later date,, the clients must select images for the album within 6 months of receiving the online gallery link. If album selections are not made within this time, the album is forfeit, and no refunds shall be made.. The Client will have the opportunity to review the initial album design and make minor suggestions and request additional images. These reviews are limited to two iterations, after which we will charge for time to make additional changes at a fee of £200 for each hour. Additional spreads can be added for a fee of £30 per spread. Completion of your album may take up to approximately 4 months from start to finish and is dependent on your active and timely participation. If the Client is non-responsive to repeated requests for input and/or approval for a period of six consecutive months, we will deem your account to be inactive and the obligations under this agreement to be completed.
- Copyright
- The Photographer retains the copyright and ownership of all images taken during the wedding, including but not limited to, any RAW files or unedited images. The Client acknowledges that they are purchasing the right to use the images for personal, non-commercial purposes only.
- The Client may not sell or license any of the images without the Photographer’s prior written consent.
- The Client agrees to credit the Photographer in any public use of the images, including but not limited to, social media posts, blogs, and publications.
- The Client acknowledges that any alteration or modification of the images without the Photographer’s prior written consent may be a breach of copyright.
- The Photographer grants the Client a license to use the images for personal, non-commercial purposes only, including but not limited to, printing, sharing with family and friends, and displaying on personal websites or social media accounts.
- The Photographer retains the right to use the images for promotional purposes, including but not limited to, portfolio, website, social media, and advertising.
- The Client may request that the Photographer not use any images for promotional purposes, and the Photographer will make reasonable efforts to accommodate such requests.
- The Photographer shall not be liable for any loss or damage incurred by the Client or any third party arising out of or in connection with any breach of copyright by the Client or any use of the images beyond the scope of the license granted under this agreement.
- Model Release
The Client grants the Photographer permission to use the images taken at the Event for promotional purposes, including but not limited to, online galleries, sample albums, and marketing materials. The Client warrants that they have obtained all necessary permissions and releases for any individuals or properties appearing in the images.
- Indemnification
The Client agrees to indemnify and hold harmless the Photographer from any and all claims, damages, or expenses arising out of the Client’s use of the images or breach of this agreement.
- House Rules
The Photographer is limited by the guidelines and wishes of the ceremony official or reception site management. The client agrees to accept the technical results of their imposition on the Photographer. It is suggested that any specific restrictions or rules relating to photography are ascertained prior to the wedding date by the client and communicated to the photographer.
- Liability
- The Photographer takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the client’s photographs being lost, stolen or destroyed for reasons within or beyond the Photographer’s control, the latter’s liability is limited to the return of all payments received for the event package above. Your statutory rights are not affected. The Photographer has full public liability and professional indemnity insurance. The total limit of liability shall not exceed the total package price stated herein.
- The Client acknowledges that photography is an art, and that the Photographer’s style may vary. The Photographer shall have no liability for any dissatisfaction with the artistic style of the images.
- The Client agrees to indemnify and hold harmless the Photographer from any and all claims, damages, or expenses arising out of the Client’s use of the images or breach of this agreement, including but not limited to, any claims by third parties for invasion of privacy, defamation, or infringement of intellectual property rights.
- Force Majeure
The Photographer shall not be liable for any failure or delay in the performance of this agreement due to causes beyond their control, including but not limited to, acts of God, fire, flood, or other natural disasters. In the event of such circumstances, the Photographer will make reasonable efforts to provide a substitute photographer, but if this is not possible, the Photographer’s liability will be limited to a refund of any payments already received.
- Governing Law
This agreement shall be governed by and construed in accordance with the laws of the United Kingdom and the parties submit to the exclusive jurisdiction of the courts of the United Kingdom
- Entire Agreement
This agreement contains the entire understanding between the Photographer and the client(s) named above. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by the Client(s) and Photographer.
