General Terms And Conditions
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
This contract is written in the United Kingdom and is subject to UK (English) Law. The terms & conditions set out below are a binding agreement between the parties and must comply with English Law. Where any discrepancy between the terms of this contract and English Law apply, English Law will be the defining law.
The ‘Shoot’ refers to a wedding, portrait session, event to be photographed or any other situation where the services of a photographer have been booked.
The Booking fee secures the time and services of the Photographer for the shoot and is not refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 14 days before the shoot will result in the payment in full being due by the shoot date. All cancellations must be in writing. Shoots that are postponed, by agreement with Light Touch Photography, to a later date will retain the fee as long as the photographer can re-schedule for the new date and time and that a minimum of 7 days notice is given and that the postponement is for a period of not more than 6 weeks.
Following payment of the booking fee, the balance of fees due are to be paid before the shoot. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
The Client hereby grants to Light Touch Photography and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of the Client and any invited guests or in which the Client or invited guests may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Light Touch Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
All image sizes are nominal. The Photographer(s) will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Finishing of Images
Light Touch Photography will carry out an initial edit of all photographs that are to be offered to the client. This may include adjustments to colour balance, contrast, exposure, and sharpness or any other editing that the photographer(s) deems necessary or desirable. The photographer will present finished images to the client.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra, at £15 per image.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given to Light Touch Photography in writing.
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. 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 permission of The Photographer(s) in writing.
The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Although the photographer will do his best to produce more proofs/preview prints than set out in the brochure/as discussed with the client, there is no guarantee that any particular number of proofs/preview prints will be produced.
The client hereby allows the photographer(s) to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions, advertising, website, social media and use the images for competition or qualification. No use of the images will be made by the photographer(s) for other commercial reason except with the written permission of the client.
In the unlikely event of the assigned Photographer being unable to attend your shoot due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your shoot on our behalf to undertake the photography to his/her best ability.
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Should cancellation be received by the photographer/s less than 7 days prior to the date of the shoot, the client shall in addition pay a sum equal to 100% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer/s would suffer.
Limitation of Liability
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. Neither party shall be liable for indirect or consequential loss.
Negatives / digital files remain the property of The Photographers.
All prices are subject to the then current rate of V.A.T. (if applicable).
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
The terms of this contract are accepted by :-
CLIENT ………………………………………………………………………………………. DATE…………………………