In the following terms & conditions “The Photographer” shall mean Jody Samantha Stoddart trading as Jody Samantha Photography. “The Client” shall be those persons defined on the booking form. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT
i. The copyright of all images remains with The Photographer in accordance with the Designs and Patents Acts. The Photographer assigns full usage rights/print rights to The Client for personal use (subject to condition 2). The Client may reproduce, copy and distribute the photographs.
2. DISPLAY
i. The Client hereby allows The Photographer to display any photograph covered by this contract and to use images to promote the business in advertising, brochures, magazine articles, websites, social media platforms, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of The Photographer although every effort will be made to comply with The Client’s requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with The Client’s wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, The Photographer’s movements are sometimes restricted by the official in charge. The area from which The Photographer is able to cover the ceremony may not be The Photographer’s choice and The Photographer cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. The Client is strongly advised to check with the appropriate official before booking the date and submitting this contract.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, The Photographer will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
vi. Please note that any alterations made to the booking by The Client once details have been confirmed may only be made at the discretion of The Photographer and in some circumstances (such as the change of ceremony date for a wedding) the photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, The Photographer is not liable to compensate The Client.
vii. It is 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 of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
4. PRICES AND PAYMENT
i. A non-refundable booking fee of £250.00 will confirm your booking, as well as full acceptance of the terms and conditions. The booking fee will be deducted from the cost of The Client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due two weeks before the wedding day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with The Photographer until paid for in full by The Client.
v. The Client will be liable to pay any additional expenses incurred by The Photographer not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-UK addresses. Travel expenses (other than specified in the contract summary) need to be covered at full cost before the journey takes place.
vi. All the payments should be made payable to ‘Jody Samantha Photography’ to the following account noted below:
Account Number: 20077525
Sort Code: 16-51-71
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by The Photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The Photographer will endeavour to put The Client in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, etc. However it may prove difficult to find a skilled replacement photographer at short notice or at the same price. It is recognised The Photographer will do what is possible under the circumstances but cannot be held accountable for not being able to source a replacement at short notice.
6. DIGITAL FILES
i. All digital negatives (computer files) remain the property of The Photographer. All digital wedding packages include a copy of selected, edited digital negatives to The Client for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, The Photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
iii. The Photographer agrees to store all files following the wedding date for 12 months on an external backup system. However, should files be lost, damaged or destroyed for reasons beyond control, the photographer will not be liable for loss of these images.
iv. It is the responsibility of The Client to ensure files are stored securely upon delivery of the final selected, edited digital negatives. These can be downloaded from the online gallery or provided on a portable storage device provided by The Photographer.
7. ON THE DAY
i. The Photographer will be the sole professional (still) photographer at the venues specified. Although The Photographer does positively encourage the use of cameras throughout the wedding, it is agreed that The Photographer shall reserve the right to ask guests to refrain from taking photographs in the event that their activities are obstructing the official photography in any way.
ii. The Photographer will not take photos during the wedding breakfast and will use this time to backup files and take a break. A meal is not a requirement, however, one would be greatly appreciated.
iii. The Photographer will agree timings of the day with The Client beforehand and these timings will be adhered to by both parties unless expressly agreed beforehand in writing.
8. PERSONAL ACCIDENT
i. Any directions issued to The Clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If The Client should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks to go until the wedding, the booking fee of £250.00.
iii. Cancellation with less than two weeks to go until the wedding date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
iv. Cancellations due to Covid-19 will be reviewed on a case-by-case basis and every effort will be made by the photographer to work with The Client to find an alternative date that is suitable for both parties. If an alternative, mutually suitable date cannot be found, the deposit would be converted to credit for The Client to use for alternative services.
v. The Client may change the date booked if somebody else has not booked it already. No additional charges apply and written consent is required. The Photographer cannot take responsibility in the event The Client’s new date is booked or other responsibilities are being carried out on this date. In this event, no refund would be given.
vi. The Client may alter the package selected at any time prior to final payment. No additional charges apply and written consent is required. The Client will be required to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when reducing the package selected after final payment has been made.
vii. The Photographer will not charge any extra for a reasonable overtime on the day.
10. DELIVERY
i. The Photographer will endeavour to deliver digital negative files as quickly as possible. However, this can take 6-8 weeks during busy periods.
11. PRIVACY
i. The Photographer will store your data in accordance with GDPR requirements. This data will not be made available to outside companies or individuals.
12. COMPLAINTS
i. Any complaints must be received in writing within seven days of receipt of products purchased. This includes digital negatives, photographs, USB, albums, frames and any other special services that have been agreed.
Agreement
By paying the deposit, you are securing the date you have requested and agreeing to the Terms and Conditions as stated.