In the following Terms and Conditions:
“Business” shall mean Paul Welburn Photography;
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Paul Welburn Photography;
“Products” shall mean any USBs, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the contract and these Terms & Conditions.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
- The remaining balance is due 30 days prior to the event.
- Payment for any additional services, images or products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation.
All cheques should be made payable to Paul Welburn. Bank Transfer (BACS) are accepted. Late payments or returned cheques will attract an administration charge of £10.00.
No services, photographs or albums will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the contract.
License and Coverage
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
The Photographer agrees that every effort will be made to provide the highest quality photographic services in the prevailing conditions. However, due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not 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, or by the church or location rules and restrictions. The photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the bride, groom or other principles or the rendering of decorations of the location.
For events involving a church ceremony or at certain other venues, the Photographer’s movements are sometimes restricted by the minister of official in charge, photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.
Any alterations made to this contract by the Client(s) once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing. Where the Photographer is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer is not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
The Client(s) hereby allow the Photographer to display any images relating to the contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. Other than via the password protected gallery the Photographer agrees not to resell any image to a third party other than with prior written consent.
Image and Reproduction
All print, image and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation. Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on an SD card or in print the exact colour as seen by the human eye.
There is no right to reject on the basis of style or composition. Images are edited at the Photographer’s discretion, and delivered files will not include all images shot. The Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Photographer’s artistic standards. The selection of delivered photographs by the Photographer is final.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a USB, reasonable steps are taken to ensure compatibility, but the Client(s) acknowledge that USBs may not play on all players including those within computers. Only quality branded USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Client(s) to check for in-transit damage. The Photographer cannot be held responsible for damage to equipment resulting from defective media.
Additional retouching and digital manipulation is available to the Client(s) as an optional extra.
All reorders shall be treated as an extension of the contract and no responsibility for any error will be accepted unless orders are provided in writing.
Should an album be included in the package, the price and album specifications will be included in the quote attached to the contract. The quote is accepted by the Client(s) at the time the contract with Paul Welburn Photography is signed. Should the Client(s) want to upgrade their album to a larger size, different cover option or to add more pages at a later date, there will be an extra charge which is subject to the prevailing rates at the time the album is ordered. Due to the Client(s) choice, typically being made after the supply of wedding photographs, these charges cannot be reasonably calculated in advance.
As wedding albums are bespoke, handmade products that are individually commissioned for each Client(s), they are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’. With that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to the Client(s). Album design is a collaborative process involving input from Client(s) in choosing and sharing album photos with the Photographer and advising of preferences with design and customisation. The time involved in designing wedding albums can vary considerably depending on the features of Client(s) design.
In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The Photographer’s choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
The photos will be available to view in an online gallery once the editing is complete. A link and a password to the gallery will be sent to the Client(s) via email. The Photographer gives the link and the gallery password to the Client(s) only. Upon receipt of the link and the password, the Client(s) accept all responsibility for sharing and protecting the photographs.
A USB drive containing the wedding photographs will be delivered via Royal Mail Special Delivery or by courier to the address supplied by the Client(s) where a signature will be required upon delivery. If there is an album included in the contract, the USB will be sent at the same time as the album unless otherwise agreed.
Backup of image files
Upon receipt of image files, the Client(s) accept all responsibility for archiving and protecting the photographs. The Photographer guarantees backup files will be kept but does not archive image files for longer than it is necessary. It is the Client(s) responsibility to make sure that digital files are copied to new media as required.
Any digital files shall remain the sole property of the Photographer at all times.
All completed albums and products shall remain the property of the Photographer until full payment is received.
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 and remain the copyright of the Photographer at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer. The Photographer grants the Client(s) a non-exclusive perpetual personal-use license to print, publish to the worldwide web, and copy the images, subject to the following restrictions.
1)This license is for personal use only. Personal use means non-commercial use of the images for display on personal websites, social networking websites and computers, or for making prints for personal use. The images may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The images may not be used in advertising. The images may not be resold, relicensed, or sub-licensed.
2) Title and ownership, and all rights now and in the future, of and for the images remain exclusively with the Photographer, who may use the images for advertising or promotional purposes at their discretion unless specifically requested not to do so by the Client(s).
In the unlikely event that the assigned Photographer is unable to attend your event due to unforeseen circumstances, Paul Welburn Photography reserves the right to appoint another suitable Photographer to attend the event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, 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, the Photographer’s liability shall be limited to a full refund of all monies received and the Photographer shall not be responsible for other consequential damages, emotional or otherwise. Neither party shall be liable for any indirect or consequential loss.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer attends an event to perform the services and any of the parties fail to attend.
Where the Photographer has to cancel the event, due to circumstances beyond his/her control the full amount of the booking fee and any further payments already received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer will not be responsible or liable for any additional costs incurred by the Client(s).
The Client(s) has a right to cancel at any time during the cancellation period without giving any reason, and without incurring any liability. The cancellation period is 14 calendar days after the contract has been signed and returned.
Should the Client(s) wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client(s) will be liable to pay the Photographer the following sums:
- Notice received 182 days prior to the wedding date or more: booking fee only.
- Notice received less than 182 days but more than 90 days: 50% of the agreed balance due will be payable.
- Notice received of 90 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being £995.00 and the date of cancellation will be deemed to be the date the Photographer receives written notice of cancellation, as confirmed by the Photographer.
Where an event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the Photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
Please note, there is no VAT on the prices charged, so the price shown is the price the Client(s) will pay.
All complaints should be raised by the Client(s) directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client(s) within 14 days of receipt of the complaint. In the unlikely event of an unresolved complaint the Client(s) may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Any notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the contract.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Questions or Queries
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