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TERMS AND CONDITIONS FOR DAVID MICHAEL PHOTOGRAPHY

 

  1. Definitions

For the purpose of this agreement "Client' means the bride, bridegroom, or member of the wedding party who have commissioned wedding photography services. The "Photographer" means any person employed by David Michael Photography on a full-time, part-time, or sub-contracted basis that is providing wedding photography services. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, digital files, negatives, prints, or any other type of physical or electronic material.

  1. Change of date or venue

The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of the event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the Client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information as listed, the Client must notify the Photographer.

  1. Retainer and payment

A non-refundable retainer fee of 20% is required to hold the date of your event. No date is reserved until a retainer is received. The balance of the complete package price must be paid at the date(s) specified herein. If final payment is not received as set forth herein, the Photographer reserves the right to withhold delivery of the images and/or not attend the wedding until the agreed payment is received. Upon the Clients signature and payment of a retainer fee, the Photographer agrees to reserve the date and time specified. The retainer fee is deducted from the final contracted wedding package price. If the balance of any package is nor paid, in full, within 30 days of the wedding date, the Photographer reserves the right to charge interest at the rate of 2% per month or part thereof from the date the payment was due until the date payment is made.

  1. Cancellation

A booking is considered firm as the receipt of the retainer. There shall be NO refund of the retainer after 48 hours from the signing of this agreement. If the event is cancelled within two months of the wedding date the client shall pay 50% of the balance of the contract - this is due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the Client and the Photographer. All arrangements must be put in writing. A cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. The retainer fee will be transferable up to 365 days after the original cancellation. The Client will be given the chance to reschedule but accepts the probability that David Michael Photography may already be booked elsewhere.

  1. Performance

Due to the limited and subjective nature of the event the Photographer cannot be held responsible for requested photographs not being taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, restrictions at the church or location regulations. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the Client, or other principles. It is acknowledged that any lists submitted to the Photographer will be used for organisational purposes only and in no way represents photography that will actually be produced. The Photographer will do their utmost to fulfill all requests but can make no guarantees all images will be taken. Clients are responsible for all location fees and permits.

  1. Force Majeure

If the Photographer or its assigns cannot perform this agreement due to Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, or due to the photographers illness, then the Photographer shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of the Photographer. The Photographer will at his discretion attend and supply an alternative photographic session at the wedding venue with the Client in order to create some professional images if an alternative photographer was not present at the original wedding date. The fee for this service will be agreed between the Photographer and the Client in advance of such an alternative photographic session.

  1. Exclusivity

The Photographer shall be the exclusive photographer(s) retained by the Client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the Photographer’s duties. Guests may be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of the Photographer's images. Additional professional photographers may only be employed with prior written permission from the Photographer. The Photographer will request your intervention if a guest is inhibiting our ability to fully document your wedding. The Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.

  1. Indemnity

It is the Clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day. Should a location require a payment, this payment will be paid by the Client. The Client will indemnify the Photographer against all expenses, damages, claims, and legal costs arising from failure to obtain all permission and clearances.

  1. Copyright

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

  1. Use

The Photographer agrees to grant image rights to the client with a non-exclusive, limited, perpetual license. Images supplied by the Photographer may not be used commercially without express written permission. Permission to use the Photographs for any purpose other than personal use will normally be granted upon payment of a further fee, which must be mutually agreed and paid in full before such further use.

  1. Expenses

Where extra expenses or time are incurred by the Photographer as a result of alterations to the original agreement by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to any expenses previously agreed.

  1. Confidentiality

The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the Photography, save as may be reasonable necessary to enable the Photographer to carry out his obligations in relation to the commission.

  1. Creative License & Rejection

Images may be edited at the photographer’s discretion, and delivered images may not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the Photographer’s artistic standards. The Client has no right to subsequently reject any images on the basis of style or composition.

  1. Substitution

In the event of illness or sudden event out of the control of either party, the Photographer will do everything possible to organise a substitute photographer at no additional cost to the Client.

  1. Behaviour

The Photographer reserves the right to withdraw without notice photographic services at the agreed event if he/she is subjected to agressive, threatening, or abusive behaviour from the Client or any of their guests at any time before or during the event.

  1. Storage

The Photographer is not responsible for the failure of digital images due to mishandling or misuse.

  1. Ownership of Materials

Title to all Photographs remains the property of the Photographer at all times.

  1. Applicable Law

This agreement shall be governed by the law of England and Wales.

  1. Variation.

These terms and conditions shall not be varied except by agreement in writing.