07939561029 studio900@me.com

T&Cs For Studio 900 Wedding Photography

In the following conditions of contract “the photographer” shall mean any photographer supplied by John McCulloch, unless specifically quoted. “The Clients” shall be the person who signs below. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be variedin any way by the clients unless expressly agreed by the photographers in writing.

1. Copyright:

The Copyright and Design Act 1988 assigns the copyright of the images to the photographer. You may not lay claim that you produced the images or use them for personal advertising or gain. However, please feel free to print them and circulate them to any one you want. You have paid for them. Enjoy them.

2. Display:

The Clients hereby allow the photographers to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, Facebook and other such media, providing that the images are used lawfully and without damage to the clients. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries.

3. Licence and Coverage:

a) The photographers shall be granted artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the photographers’ judgment regarding the location, poses and number of photographs taken shall be deemed correct. b) For bookings involving a church ceremony or at certain other venues, photographers’ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The photographers cannot accept responsibility for limited coverage in such cases. c) Whilst the photographers shall endeavour to fulfill all the Clients’ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. d) Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of the photographers. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the photographers are not liable to compensate the client(s) in any way whatsoever.

4. Image Reproduction:

a) Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibers, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographers will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. b) 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 mixture of lighting sources in churches and during the evening celebrations,  I may decide to provide the images in B&W to ensure continuity and the most pleasing appearance. c) 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. d) Where images are made available for use with a personal computer the default operating system shall be Mac. Products may not function on other operating systems. The photographers cannot be held responsible for damage to equipment resulting from defective media. g) All print and presentation sizes quoted are approximate and subject to the discretion of the photographers. h) Digital files will be emailed to the client via We Transfer.  It is the client’s responsibility to ensure they download these to a safe and secure place and back them up.  Once the images have been downloaded the client takes responsibility for their safe keeping.  The photographer will delete the files after some time. i) If images are required on a USB these are charged at £55 for a branded stick or £15 for a non branded one.

5. Payment and Prices:

a) A non-refundable booking fee of £300 is required to secure the photographers’ services for the day, with the balance due 28 days prior to the event.b) Upgrades to album packages are payable at time of ordering; prices agreed on booking are guaranteed until 12 months after the wedding and will then be subject to increase without notice. Digital files will be archived after 1 year; a search fee of £50 will then be charged for reproduction and inclusion in albums in addition to prices currently in force. After two years files may in fact be destroyed. c) All reorders shall be treated as an extension of this contract. Reprint prices are subject to change without notice and a search fee of £50 will be charged for orders placed after a 1 year period. d) Return journeys in excess of 20 miles will attract a mileage charge of 120p per mile. Overnight accommodation will be required for weddings over 70 miles away and will be charged at £195 per night. e) You are paying an hourly rate for a specified period as agreed. Should the wedding be delayed on overrun, for any reason, you agree to pay the hourly rate, which will be worked out accurately to the minute, for the time your photographer is present at your wedding. f) We would appreciate to be feed at your wedding so please arrange with your caterers to provide crew meals.

6. Retouching, digital manipulation and artist finishing is available to the Client as an optional extra of £1.50 a print.

7. Cancellation:
In the highly unlikely event of cancellation by the photographer, or unavoidable total photographic failure, the photographers’ liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but the photographers will not be responsible for any further costs.
b) The photographers will endeavour to appoint other photographers in the unlikely event that he/she is unable to attend a booking. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
If the Clients should have to cancel a booking the following cancellation fees will become due immediately:

The Clients are entitled to a full refund of the booking fee if they withdraw within 14 days of booking.
The booking fee will be forfeited on cancellations made after 14 days. Cancellations made within six month of the wedding incur the full cost of the basic photographic service booked, including optional additional attendance.

 

Where the photographers are able to re-book the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.

In the event of postponement, then at the discretion of John McCulloch, and subject to availability, monies other than the booking fee may be applied to the new wedding.
It is essential to inform the photographers as soon as possible of any changes of venue, times, or contact details etc.

8. Force Majeure

We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by:

The bride and groom or wedding party not being on time and/or the church, the reception, or the place of the wedding having photography restrictions;

Any inhibiting background, location, or additional arrangements with other photographers; and/or
any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors.

9. Liability

Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.
The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

10,. Any complaints should first be raised by the Client with John McCulloch in writing within 14 days from the date of provision of the images.

11. Payments. All cheques to be made payable to J McCulloch. Bank Transfer (BACS) payments can be accepted to Santander Acc No 40167664 Sort Code 09-06-66.
Thank you for taking the time to read our Wedding Photography Terms and Conditions.
To secure your Wedding booking please sign below and return to me.

Thank you!

John

T&Cs Agreement

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