Wedding Photography Terms & Conditions
It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by David Mitchell Photography (also called “the Photographer”) in writing.
In order to fully reserve your wedding date, a booking fee of £100.00, which forms part of and is applied to the overall agreed upon service value, a deposit of 30% of the remaining agreed upon balance, and the contract, consisting of the Wedding Photography Agreement and these terms and conditions, agreed by and signed by The Client is required. Only when all three of these requirements are fulfilled will The Photographer reserve the date agreed upon and will not make any other reservations for the agreed upon date. The booking fee is considered as a payment to cover the costs of the booking process, including but not limited to, travel costs and administration time.
The remaining balance of the overall agreed upon service value contracted for must be paid 30 days before the agreed upon and reserved wedding date. Should the Client fail to make the payment of the remaining balance prior to the agreed upon and reserved wedding date, the Photographer reserves the right not to process any images made until such time that payment of the balance owed is made. Any bank charges incurred due to returned cheques will be debited to The Client. Payment for additional photographs (printed or digital), albums, CDs/DVDs/USB Drives is made when these are ordered.
In accordance with the UK Consumer Contracts Regulations 2013, you have 14 days, from date of signing, in which to cancel this contract, commonly known as a ‘cooling-off period’. If cancelling within this 14-day period you are entitled to a full refund of all monies paid, including the booking fee. If you wish to exercise this right, please make a clear statement in writing electronic mail or tracked mail delivery. Upon receipt of said notification, the Photographer will issue a cancellation form which must be signed by the original contract clients and must be returned by electronic mail or tracked mail delivery to the photographer. We cannot accept cancellation via the telephone. If cancelling after your 14 day ‘cooling-off’ period, you acknowledge that you are liable for all fees set out below in accordance to the following scale:
£100 (the booking fee), if cancelled more than 182 days prior to the wedding date.
30% of the remaining balance if cancelled between 84 and 182 days prior to the wedding date.
60% of the remaining balance if cancelled between 28 and 84 days prior to the wedding date.
90% of the remaining balance if cancelled less than 28 days prior to the wedding date.
100% of the remaining balance if cancelled within 7 days of the wedding date.
The reason for the above cancellation scale is due to the increasing probability that The Photographer may not be able to further book the agreed upon date.
Should the cancelled wedding turn out to be a postponement, then subject to availability on a new date, monies other than the booking fee may be applied to the new wedding. In the event of The Photographer having to cancel photographing the wedding, due to illness, accident or act of God, any fees paid, including the booking fee, will be returned to the Client. In this instance The Photographer will also do his/her utmost to provide an alternative photographer from his/her list of professional contacts.
Regardless of who pays the fee, The Photographer liaises and works with the Client exclusively. The Photographer is open to requests from family members both before and on the Wedding Day but any such requests will be subject to the Client's approval.
The Photographer cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, nor by restrictions placed on the photographer by officials of the church, register office or licensed marriage venues (e.g. not allowing the use of flash, limitations on where photographs can be taken from). The Photographer does not guarantee any specific picture nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The Photographer is limited by the guidelines of the ceremony official or reception site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. The Photographer will offer technical recommendations only.
The Photographer will honour requests for specific photographs subject to the following: weather and time permitting; availability and the co-operation of the person(s) concerned.
The copyright in all photographs created by The Photographer shall remain his/her property in accordance with the Copyright, Design and Patents Act 1988. The Client(s) shall have no right to reproduce, nor to authorise the reproduction of, by any means whatsoever, any photographs created by The Photographer without his/her permission. 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(s) 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. I provide all my clients with a print release so that you can print them till your heart desires, but you cannot edit, sell or use them for profit in any way.
All negatives and electronic images created by The Photographer shall remain the property of The Photographer who will undertake to store all such negatives safely and make them available for future reproduction. Photographic prints will become and remain the property of the Client(s). However, the Client(s) 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.
Digital processing and supply of final jpeg files on your password protected gallery takes approximately 8-12 weeks. After the jpegs have been supplied on the online gallery you’ll be asked to select which ones you would like for your framed print(s) and non-framed prints, the album design process (if applicable and chosen) can only start once The Photographer receives the list for the images to be included in the album. The first design will take 2-3 weeks. Three rounds of amends are included in the album cost; subsequent amends will be charged at an hourly rate (£50 per hour). Once the design is signed off creation of a wedding album takes up to 12 weeks. The Photographer will notify you of any potential delays. The list of required images for package wedding albums must be provided within 6 months of the wedding, unless specifically agreed otherwise in writing with The Photographer.
Online Photographs: Photographs will be uploaded to your online gallery within 2-4 weeks from the wedding day.
USB: USB’s containing all of the client’s edited images will be delivered within 4-8 weeks from the wedding day.
Albums: Albums, depending on the style and size, will be delivered within 12 weeks from approving final design (this may be longer in peak periods March-October).
The Photographer will supply the album and number of pages that has been ordered subject to any variations that the Client may make. Any variations over and above that originally ordered by the Client will be charged at the rate current at the time of commission, and will be included in the final account. The photographs provided in the album will be the main photographers The Photographer’s only and no other photographers/second shooters photographs will be put in the album, only The Photographer’s.
Print choices that you receive as part of your package are to be chosen from the original file numbers at the bottom of each photograph in the gallery which will be ‘your name – date – file number’. The Photographer is not held responsible if the prints ordered are incorrect from the way the numbers are requested to be sent to The Photographer for the print ordering.
The Photographer will edit all photographs in a natural style of editing and will include a few with some fancy actions/effects/colouring on them, these will mainly be photographs of the bride and groom from their couple photographs. If you would like a photo-manipulation doing of someone being removed, alterations of yourself, or any other manipulations will be charged at an additional fee depending the work required as I have a specialist company I send photographs to for this.
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.
You acknowledge that you have reviewed The Photographer’s portfolio and are requesting services with knowledge of the The Photographer style; that The Photographer work is constantly evolving; that The Photographer services are of an artistic nature; that the photographs may be different from photographs taken by The Photographer in the past; and that in creating the photographs, the photographer shall use his/her personal artistic judgement to create images consistent with his/her personal view of the event, which vision may be different from yours and/or the subject’s vision of the event. Accordingly, the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. The Photographer will endeavour to honour requested photographs but cannot and does not in any way guarantee that any specific background, location or group arrangement will be photographed.
The Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the The Photographer a copy of the invitation prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone or email with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by The Photographer shall be the responsibility of Client. In the event The Photographer or his/her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to a family member of the client; second offence: the offending person will be required to leave the wedding or event; third offence: The Photographer will end wedding coverage immediately and leave the event, The Photographer shall be entitled to retain all monies paid here under and client agrees to relieve and hold The Photographer harmless as a result of incomplete wedding or event photography coverage.
WEATHER AND/OR DELAYS
Weather permitting, the photographs will be taken as agreed. In the event of inclement weather, the photographer, in cooperation with the Client, will make the necessary changes to the schedule and will do her best to produce coverage of the wedding within the time allocated to his/her. Similarly, when delays occur due to circumstances outside his/her control, the photographer will stay on beyond the agreed time but may charge a small additional fee for extra time involved.
EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood that The Photographer will act as the sole and exclusive wedding photographer. This photographer will bring one assistant to your wedding to help with day and group shots etc. THE CLIENT agrees that they cannot hire their own independent second photographer/shooter if one isn’t included with their chosen collection booked with The Photographer. If you would like two photographers for a second photographer/shooter you can only book one through me at an additional cost. THE CLIENT accepts The Photographer can accept no liability for negative impact caused by guest photography. The formal photography time is for the exclusive use of The Photographer to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted during this time, and no liability for negative impact caused by guest photography can be accepted during this time. Whilst family, friends and other guests may take photographs throughout the day, you acknowledge that shots taken by The Photographer can be ruined by guest photographers/videographers (e.g. due to flashes from other cameras, sudden obstruction caused by guest photographers/videographers moving get a key shot and distraction of competing cameras causing subjects in group photographs to be looking in different directions), Accordingly The Photographer will not be held liable for any shots unavailable because of interference from guest photography. Videographers may not take still photographs