Terms and Conditions of business for weddings and commissions
the Photographer: shall mean Alexander Hare or such other photographer as is appointed in his place by agreement between the parties hereto.
the Client: shall mean the person or persons who Commission the Photographer and irrespective of any third party who may in whole or in part pay any element of the Fee.
the Fee: shall mean the fee agreed between the parties hereto for the purposes of carrying out the Commission including any applicable VAT.
the Agreed Date: shall mean the date(s) agreed between the Photographer and the Client for the attendance by the Photographer for the purposes of undertaking the Commission
the Deposit: shall mean the sum of 20% of the Fee.
the Agreed Time: shall mean the period, expressed in numbers of hours, agreed between the parties hereto in order for the Commission be undertaken by the Photographer.
Extra Time: shall mean any additional hours that the Client requires of the Photographer beyond the Agreed Time in respect of the Commission and charged at a rate of £100 per hour or part thereof.
the Booking Form: shall mean the form attached to these terms and conditions
The Commission: shall mean any event, person(s), objects, places, buildings, locations that the Client instructs the Photographer to photograph and including such other details as may be recorded on the Booking Form relating to the Commission which may include details of the people to be photographed, album(s), size(s), style(s), colour, quality, quantity to be provided following completion of the Commission
the Approval Time: shall mean the period of three months or such other time agreed between the parties hereto which shall commence from the date of the production to the Client of any of the photographs ordered under the Commission
The Booking Form and these Terms and Conditions shall form the entire agreement between the parties save for any variations agreed in accordance with these Terms and Conditions and no variation or modification shall be effective unless accepted by the Photographer in writing.
A Deposit is required when the client signs this agreement. The Agreed Date is reserved only when the Deposit is received by the Photographer. The Deposit will apply towards the Fee payable for the Commission ordered by the Client.
The balance of the Fee must be paid no later than 30 days prior to the Agreed Date. Payment for additional services including additional original or copy photographs and/or albums must be made upon any order for same being made by the Client. Any bank charges incurred due to returned cheques will be debited to the Client.
In the event of the Client cancelling the Commission the Photographer reserves the right to charge a cancellation fee in accordance with the following scale:
- the Deposit may be returned if cancellation takes place more than 12 months prior to the wedding date and upon a similar Commission being obtained in its place
- 35% of the Agreed Fee if cancellation takes place between six and twelve months prior to the Commission.
- 50% of the Agreed fee if cancellation takes place less than 6 months prior to the Commission.
- 100% of the Agreed Fee cancellation takes place within 30 days of the Commission.
Should the cancelled Commission turn out to be a postponement, then at the absolute discretion of the Photographer, and subject to availability, the Deposit may be applied to any revised date for the Commission to take place and this revised date shall be deemed to be the new Agreed Date for the purposes of these terms and conditions.
Weather and/or Delays
Weather permitting the photographs will be taken as agreed by the parties hereto. In the event of inclement weather the Photographer, in co-operation with the Client will make the necessary changes to the schedule and will take all reasonable steps to produce coverage of the wedding within the time allocated to him. Similarly, when delays occur due to circumstances outside the Photographer's control, the Photographer may stay on beyond the Agreed Time but will charge an additional fee for any Extra Time spent on the Commission.
The Photographer will honour requests for specific or additional photographs that are ordered during the Commission subject to the following: weather and time permitting; availability and the co-operation of the person(s) concerned. All such requested photographs are deemed to form part of the Commission and the Photographer reserves the right to charge appropriately for the provision of any photographs taken in these circumstances.
The Photographer cannot be held responsible for the lack of photographic coverage caused by any persons connected or otherwise with the Commission or the Client not being available for photography during the Agreed Time or during the course of the Commission, nor by restrictions placed on the Photographer by officials of any location where the Client requires the Commission to take place (including churches, registry offices or licensed marriage venues). The Photographer does not guarantee any specific picture nor to include any specific person background, location, props, or arrangement, although every effort will be made to interpret the Client's wishes and deliver in accordance with the Booking Form. The Photographer is limited on the photographs that can be taken by any laws, guidelines or rules of any kind set by any official of any location or venue where the Commission is to take place. The Client hereby accepts the aforesaid restrictions (without limitation) that may arise in carrying out the Commission and the effect they may have on it and negotiation with any officials for moderation of any rules, laws or guidelines is entirely the Client's responsibility.
The Photographer shall be granted artistic license in relation to the poses photographed during the Commission and the locations used. Although every effort will be made to comply with the Order the Photographer's judgment regarding the location, poses, composition, lighting and number of photographs taken shall be deemed correct and rejection of the photographs provided in connection with the Commission on this basis shall not be permitted and the Client hereby indemnifies the Photographer against any loss, cost, claim or action arising in this regard.
Colour Matching and Sizes
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. Where images are made available for use on a CD/DVD player reasonable steps are taken to ensure compatibility, but CD/DVD discs may not play on all CD/DVD players, particularly older models. All print and presentation sizes quoted are approximate and subject to the discretion of the Photographer.
The copyright in all photographs created by the Photographer shall remain the property of the Photographer in accordance with the Copyright, Design and Patents Act 1988. The Client shall have no right to reproduce, nor to authorise the reproduction of, by any means whatsoever, any photographs created by the Photographer. This includes photocopying, scanning into computer, photographing with a film or electronic camera, including a video camera, and producing either a hard copy on paper, film, or similar medium, and also recording an electronic image on a computer hard disc, or any tape, disk or other recording medium. Nor is it permitted to transmit or allow to be transmitted such images by cable, radio waves or the internet. The Client hereby acknowledges that infringement of the Photographer's copyright is unlawful and may be a criminal offence. The Photographer accepts no responsibility for the quality and colour reproduced from third party printers of images taken from Copyright free images supplied, due to variations in paper and third party printing processes and profiles.
The Photographer hereby grants the Client a non-exclusive worldwide licence to reproduce any photograph supplied by the Photographer in connection with the Commission for the full period of copyright.
Negatives and Digital Files
All negatives and electronic images created by the Photographer shall remain the property of the Photographer who undertakes to take reasonable measures to store all such negatives and electronic images safely and make them available for future reproduction for a period up to 5 years after the last day or hour of the Commission. Photographic prints will become and remain the property of the Client. However the Client specifically acknowledge that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce, or authorise the reproduction of, such images.
Any album included in the Commission will be supplied by the Photographer according to a pre agreed number of pages subject to any variations that the Client may make or request after the Commission. Any variations over and above that agreed as part of the Commission will be charged at the rate current at the time of the Commission for Extra Time, and will be included in the final account. The Photographer agrees to allow 4 hours for the creation of the album with 2 hours travel time.
The Client hereby grants to the Photographer its successors and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client 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 the Photographer and its legal successors and assigns from all claims and liability relating to said photographs.
Third Party Rights
A person who is not a party to this agreement shall not have any rights under or in connection with it and the Contract (Rights of Third Parties) Act 1999 is excluded from these Terms and Conditions.
Approval of Images
The Client shall approve any image(s) or album(s) or other products ordered from the Photographer under or in connection with the Commission within the Approval Time after which time the Photographer cannot guarantee the cost of delivering any aspect of the Commission which may have been listed on the Booking Form and the Client hereby agrees to pay any additional sums that may become payable in respect of the Photographer completing the Commission.
Travel and Accomodation
Return journeys required in performance of the Commission in excess of 50 miles attract a mileage charge of 40p per mile. Overnight accommodation may be required for weddings over 100 miles away at the expense of the Client and must be agreed between the parties hereto prior to the Commission being undertaken.
Whilst every care is taken to deliver the Commission it will be subject to alteration or cancellation by the Photographer owing to any cause/s beyond his reasonable control, i.e Act of God, Fire, War, Road closure, illness etc
In the event of cancellation by the Photographer or in the event of failure to perform this agreement the Photographer's liability shall be limited to a full refund of the Deposit. Re-shoots may be arranged and a separate fee agreed between the parties hereto if practicable but the Photographer will not be responsible for any further costs losses claims or actions howsoever arising and the Client hereby indemnifies the Photographer against same.
Illness and Non Attendance
The photographer will use all reasonable endeavours to contact other photographers in the unlikely event that he is unable to undertake the Commission and the Client hereby accepts liability for any extra fees incurred in a replacement photographer performing the Commission.
This agreement shall in all respects be governed by the law of England and Wales and the parties hereto submit to this jurisdiction
The Client is hereby advised to take out suitable insurance policy cover for any expenses losses claims or actions of any kind arising in connection with (but without limitation) to both cancellation by either party and force majeur affecting the Commission or any event or matter relating to or dependent upon the Commission.
The Client hereby agrees and confirms that they have read and understood the content meaning and effect of these Terms and Conditions and has been afforded the opportunity of seeking their own separate and independent legal advice prior to the signing hereto.