In the
following conditions of contract “the photographer(s)” shall
mean Chris Chambers trading as Chris Chambers Photography or,
subject to condition 7 below, any photographers appointed by
Chris Chambers
“The Client(s)” shall be those whose name appears on the
booking confirmation. If the client(s) arrange for a third
party to meet the costs of this contract the contract remains
with the client(s).
The due performance of the contract is subject to the
conditions below. These cannot be varied in any way by the
client(s) unless such conditions are expressly agreed by the
photographer(s) in writing.
1.
Copyright: The Copyright Designs and Patents Acts assign the
copyright of the images to the photographer(s). It is
therefore contrary to the Acts, and illegal, to copy, or allow
to be copied, by any means photographic, by computer, or
internet or otherwise, by any person or machine other than by
the photographer(s) or their appointed agents.
2.
Display: The client(s) hereby allow(s) the photographer(s) to
display any photograph covered by this contract and to
generally promote the business in advertising, brochures,
magazine articles, websites, sample albums and prints, venue
and other vendor samples, and other such material, providing
that the images used are used lawfully and without damage to
the client(s). Images placed in password protected galleries
within the website are not available to the general public in
the normal course of events. However it is impossible to
prevent determined persons from accessing these galleries
3.
License, Coverage and Reproduction:
a) The Photographer(s) shall be granted artistic license in
relation to the poses photographed and the locations used. The
photographer(s) judgment regarding the location, poses and
number of photographs taken shall be deemed correct.
b) Photographs taken during the course of the event will be at
the discretion of the photographer(s) although every effort
will be made to comply with The Client(s) requirements.
c) The photographer(s) shall endeavour to photograph all
individuals as requested by the client(s) at some point, but
no responsibility will be taken by the photographer(s) on the
occasion of leaving somebody out.
d) 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(s) is able to cover the ceremony may not be the
photographer(s) choice and the photographer(s) 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. Client(s) are
strongly advised to check with the appropriate official.
e) For a wedding or other event booking the photographer(s)
shall endeavour to capture all the moments throughout the day
as they occur. However, because of the fluid nature of the
event, some moments might not be recorded, or not recorded for
logistical reasons.
f) Please note that any alterations made to the booking by the
client(s) once details have been confirmed may only be made at
the discretion of the photographer(s) and in some
circumstances (such as the change of ceremony date for a
wedding) the photographer(s) may be unable to accommodate
these alterations due to a conflict of commitments. Under
these circumstances the photographer(s) are not liable to
compensate the client(s) in any way whatsoever.
g) 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.
h) Due to the limitations of computer monitors it is
understood that (1) images appear differently according to the
specification of each monitor (2) prints will not match images
rendered on any particular computer monitor. The monitors used
by the photographer (s) for final image editing are all colour
profiled and checked weekly for accuracy of colour. Clients
should be aware that certain lighting conditions and materials
will cause colour to be recorded differently. Where possible
we will attempt digital correction of this.
h) All print and presentation sizes quoted are approximate and
subject to the discretion of the photographer(s).
i) Although all equipment is checked regularly and
backup equipment is available, the photographer(s) will not be
responsible for photographs that are not produced due to
technical failure, either at the shooting or processing stage.
j) Where images are made available for use with a personal
computer the default operating system shall be Windows.
Products may not function on other or earlier operating
systems.
m) Where images are made available for use on a DVD player
reasonable steps are taken to ensure compatibility, but DVD
discs may not play on all DVD players particularly older
models.
4.
Prices:
a) All standard photographic services and optional extras
specified on the Booking Form
and paid for in full before the wedding are supplied
at the prices ruling on the date of signing of the contract.
Optional extras not paid for in full before the wedding are
supplied at the prices ruling at the time of receipt of the
order.
b) The client(s) will be liable to pay any additional expenses
incurred by the photographer(s) 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. Completed albums will be made available to
collect from 15 Dunniwood Drive Castleford. Typical insured
postage cost for an album is £25.
5.
Payments:
a) A non-refundable deposit of:
atleast 25% (paid by cash, cheque, credit / debit card) will
confirm your booking. By paying the deposit you are agreeing
to the terms and conditions laid out in this document. The
deposit forms part of the total cost of your Plan (i.e. it is
NOT in addition to the cost of the package) and is deducted
when calculating the final balance due. The deposit is
refundable during your 14 day “cooling off” period. The
deposit cannot be transferred to other services offered by
Chris Chambers Photography.
Payment for the balance is due in full 6 weeks prior to the
contracted date. Once final payment has been made all monies
are non refundable at the discretion of the photographer.
b) All additional goods must be paid for in full on ordering.
This includes extra prints, albums, high resolution digital
files, and any other services ordered after the event.
c) Title to all goods remains with Chris Chambers until paid
for in full by the client(s).
d)
Payments are welcomed by Cheque, cash or credit/ debit card
with no additional fees for any method. However in the event
of a failed cheque clearance the client will be liable to pay
an admin fee of £25 to cover additional bank costs and
re-submission time.
6.
Force Majeure:
a) The due performance of the contract is subject to
alteration or cancellation by the photographer(s) owing to any
cause beyond their reasonable control (e.g sudden
illness/injury/victim of crime, flooding).
b) The photographer(s) may contact other photographers in the
event that they are not able to attend your booking due to
clause 6a). However it may prove difficult or impossible to
find a skilled replacement photographer at short notice or at
the same price.
c) In the event of cancellation by the photographer(s), or in
the unlikely event of total photographic failure (although
re-shoots may be arranged if practicable) – the photographer(s)
will not be responsible for costs in order to stage re-shoots.
The photographer(s) liability shall be limited to a full
refund of any deposits and fees paid.
7.
Liability for Digital Files and Products:
a) The negatives and digital files shall remain the property
of the photographer(s) and shall be kept by them for not less
than 12 months from the wedding date at one site.
b) Should negatives and digital files be lost, damaged or
destroyed the photographer(s) liability shall be limited to a
refund of fees paid, but shall not include a refund for any
goods already supplied or capable of supply at a quality
deemed acceptable by the photographer. No refund will be due
for any negatives or digital files lost, damaged, or destroyed
after 12 months from the date of the wedding.
c) All orders should be placed with the photographer(s) before
the end of a 6 month period starting at the wedding date
unless otherwise agreed in writing. The photographer(s) will
not be liable for failure to produce any orders placed after
this time.
d) Any pre-paid product credits (e.g. for albums and prints)
not utilised by the clients within 12 months of the date of
the wedding will lapse without value unless otherwise agreed
in writing. Any product supplied will be at the sole
discretion of the photographer(s) and forwarded by standard
Royal Mail to the last known address of the clients.
8.
Cancellation / Change of date fees:
If
The Client(s) should have to cancel a booking the following
cancellation fees will become due immediately upon said
cancellation.
a) Cancellation after 14 days from the booking date and more
than three months to go until the wedding date, the
non-refundable deposit – see clause 5a above.
b) Cancellation with less than three months to go until the
wedding date, full price for the complete photographic
coverage booked, but no charge for any optional extras (unless
you were advised otherwise at the time of booking).
c) Where the photographer(s) are able to rebook the date with
an equivalent booking, then the cancellation fee may be
reduced to the non-refundable deposit only and any additional
cancellation fees already paid may be refunded accordingly.
d)
Where the client wishes to change the date of the wedding,
provided that the wedding is more than six months away the
client may request a date change with no additional cost
incurred. Date change requests made within six months of the
booked date will be subject to an additional cost of £100.
Date change requests received with less than three months to
the originally booked wedding date will be subject to a
rebooking fee equivalent to the deposit originally paid.
Where the new wedding date is available the client may change
their originally booked date provided the photographer does
not envisage the new date detracting from the level of service
of existing bookings close to that date.
9.
Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified either by phone
or email and confirmed in writing (sent by Royal Mail special
delivery) within three working days of the order being placed.
The photographer(s) will not be held liable for any costs
incurred due to alterations to the order made by the client
after this time. Email is not a reliable method of
notification due to the unpredictable operation of message
scanners. You must request and receive a confirmation by email
if you choose to use this method.
b) Due to the nature of the product the photographer(s) are
unable to give exchanges or refunds. This does not affect your
statutory rights.
10.
Privacy: Chris Chambers Photography may store your data on a
private internal database. This data will not be made
available to outside companies or individuals. Should you wish
to have your data removed from the database, please advise in
writing and retain your confirmation.
11.
Governing Law: Any contract made between the photographer(s)
and the client(s) shall in all respects be governed by and
construed in accordance with English Law and the parties
hereto submit to jurisdiction of the English courts.
12. Insurance: The Client(s)
are hereby advised to take out an insurance policy to cover
any expenses in the event of cancellation. Chris Chambers
photography is insured for public and employer liability and
also Professional indemnity insurance. Copies of liability
insurance certificates are available should your venue wish to
hold a copy.
13. On the day:
a) The photographer is the only authorised photographer for
the day. Other professional photographers are not permitted
whether official or otherwise, working for pay or otherwise
(e.g. separately employed by parents), unless agreed in
writing before the day. Breach of this condition shall be
deemed cancellation of the contract by the clients.
b) The photographer is contracted to shoot all photographs
relating to the event and no other person is permitted to
shoot images for sale unless agreed in writing before the day.
Other wedding vendors e.g. a videographer may not shoot stills
other than a small quantity to illustrate the video packaging.
Breach of this condition shall be deemed cancellation of the
contract by the clients.
c) An inconsiderate guest can wreck the photographic record of
your special day and we will speak with the guest, wedding
couple or coordinator if appropriate. Coverage may be cancelled
without warning at the discretion of the photographer if the
photographer feels threatened or has reason to believe that
equipment may be damaged. |