Terms & Conditions
1. Entire Agreement. This Agreement incorporates the entire understanding between the Photographer and the Client. Any modifications of this Agreement must be in writing and agreed by both parties. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
2. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event. Guests, family and friends of the client shall be permitted to photograph as long as they do not interfere with the Photographer’s duties.
3. Event arrangement. The details of the event are to be agreed beforehand in writing or email. The Client shall notify the Photographer of any changes to these details in writing.
4. Booking fee and Payment. A booking fee of 20% is due with the submission of the booking form or no later than three days thereafter. The remaining balance is payable in full, three weeks before the event. Failure to do so may result in a late fee.
5. Cancellation. On signing of this Agreement by both parties, the Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all booking fee are non-refundable even if the date is changed or if the event becomes cancelled for any reason.
6. Shooting time. The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.
7. Copyright and Reproductions. The Photographer owns the copyright for all images created and shall retain the exclusive right to make reproductions. The Client hereby accepts that the Photographer may display any photograph covered by this Agreement in magazine articles, websites, social media, sample albums etc. and to enter contests or exhibitions.
8. Client’s Usage. The Client has unlimited but non-exclusive rights to use or reproduce the photographs. The Client has the right to share the photos on social media, but not to exhibit or enter them into any contest as their own, or to pass on to any third parties as promotional material.
9. Post production and editing. The post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. Requests by the Client to re-edit a number equalling greater than 5% of the photographs supplied shall be chargeable, the charge amount representing the hour(s) of additional post production undertaken. The final supplied edits shall not be altered.
10. Limit of liability. In the unlikely event that the Photographer is unable to perform their duties to the guidelines of this Agreement due to an injury, illness, act of God, or other cause beyond the control of both parties the Photographer will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event. This limitation on liability shall also apply in the unlikely event that photographic materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on the part of the Photographer. 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.
11. Safety. The Photographer reserves the right to terminate coverage and leave the location of the event if the Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event; or in the event that the safety of the Photographer is in question.
12. Responsibility. The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, or restrictions of the locations. The Photographer will make the best effort to honour requests for specific photographs but is not accountable for failure to deliver images of any individuals or any objects at the event.
13. Right to cancel. The Client has the right to cancel this agreement within 14 days from the date of signing, and any booking fee paid will be returned.
14. Country of Jurisprudence. The Agreement is made under, and subject to, English Law.