TERMS & CONDITIONS
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Candid Pictures Wedding Photography
Terms & Conditions Of Contract For Wedding Photography Services
In the following terms & conditions "the photographer" shall mean Paul Stallard or any agent/employee of Candid Pictures. "The client(s)" shall be those persons defined as bride and groom in the wedding booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking Fee / Deposit Payments
A non-refundable booking fee of £100 or £150 (depending on the wedding package) as well as full acceptance of the terms and conditions as published on the photographer's website secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due one calendar month before the wedding day. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Cancellation
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. All cancellations must be in writing.
If the wedding is cancelled within one calendar month of the wedding, fifty per cent of the full balance will be reimbursed to the Clients. If the wedding is cancelled within 14 days of the wedding, no money will be reimbursed.
Wedding Arrangements
The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.
The Ceremony
The client understands that the photographer must follow all rules given to them by the person/s facilitating the wedding and are not held liable for failure to deliver should the photographer be told that they are not allowed to take photos during the ceremony or be stationed in one spot. It is the client’s responsibility to understand the rules ahead of time.
On the day
Good cooperation, punctuality and communication is key to both the Clients and the Photographer thus producing outstanding photographic results. In the unlikely event of a wedding that does not run on time (for example, extreme lateness by one of the Clients arriving to the ceremony) The photographer cannot guarantee to take a normal set of photos although in such circumstances however, the photographer will do the absolute best to compensate.
The Photographer may ask for assistance in organising the formal group photos. (possible help from either families, best man or the ushers. The Clients will also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use their discretion but cannot be held responsible for a lack of photos of these people.
Wedding Guests
Your guests may have digital cameras or camera phones and they will want to photograph the Clients. Please be mindful the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the wedding. The Photographer can not be held liable for a lack of wedding photos if the wedding guests taking their own photos of the Clients continually interrupt the Photographer's work.
Licence
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects and the fact it is a "live" event it may not be possible to capture all the images requested.
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, instagram, facebook, twitter and youtube, tumblr, 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).This list is not exhaustive.
Images
The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. 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.
Retouching
All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is also included.
Prints / Reorders
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. 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.
Attendance
In the unlikely event of the Photographer being unable to attend your wedding, as much notice as is possible would be given and we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. And if this is impossible we will do all we can to a sensible amount to help you source another photographer i.e. by providing a list of other professional photographers in the area.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Personal Accident
Any directions issued to 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.
Copyright
English Copyright Law declares that the copyright remains with the photographer. The photographer grants the client(s) permission to make copies of the images under the following conditions: The images taken by the photographer are for personal use by the client and their friends or family; selling the photographs is not allowed without permission from the photographer. The client(s) will not have access to any unedited raw image files. The Photographer has unrestricted use of these images and can use them wholly or in part in any publication (commercial or otherwise), portfolio or public display with any retouching or alteration without restriction. At events, it is the client’s responsibility to notify guests of this unrestricted use; that attending the event acts as a model release. The client(s) hereby assigns the photographer the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from use of images. Buyer may not resell, relicense, redistribute without express written permission from photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be edited or have filters applied to them. Images may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Images may not be incorporated into trademarks, logos, or service marks. Images may not be made available for download.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
Governing Law
This agreement shall be governed in accordance with the laws of England and Wales.
The terms of this contract are accepted by :
CLIENT:
DATE:
Address:
PHOTOGRAPHER:
on behalf of Paul Stallard t/as Candid Pictures
DATE:
Address: 1 Edred's Court, Horsebrook, Calne, Wiltshire. SN11 8BA.
DEFINITIONS
(a) For the purpose of this agreement “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client. (b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph ‘Candid Pictures’. And shall where the context so admits include their respective assignees, sub-licensees and successor in title. (c) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether prints, digital les or any other type of physical or electronic material in existence. (d) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable. (e) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer. (f) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order. (g) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so. (h) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
OWNERSHIP OF MATERIALS
(a) Title to all Photographs remains the property of the Photographer. (b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital les destroyed. ( (c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
USE
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s). (b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. (d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made. (e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied. (f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
EXCLUSIVITY
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. (b) The Photographer retains the right in all cases to use or sell the Photographs. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
INDEMNITY
a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture. (c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. (d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. (e) The Photographer will not be liable for any loss or damage, for any consequential loss of pro t or income however caused including negligence by the Photographer, James Kirby or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
PAYMENT
(a) Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work. (b) If payment is not received within 30 days LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 maybe enforced. (c) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
EXPENSES
Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee of cancellation or postponement if less than 48 hours notice is given.
FORCE MAJEURE OR ACT OF GOD
The due performance a booking is subject to alteration or cancellation by either party owing to any cause beyond their control.
EVENT ARRANGEMENTS
The Client shall notify the Photographer of any changes to these details. The Photographer cannot be held liable for delays or disruption in their delivery of the service until any changes are received and acknowledged.
RIGHT TO A CREDIT
The Licence to Use requires that the Photographer’s name ‘Paul Stallard of Candid Pictures’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
SUPPLY TO THIRD PARTIES
The licence only applies to the Client and product stated on the Licence to Use.
ELECTRONIC STORAGE
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer. (b) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
APPLICABLE LAW
This agreement shall be governed by the Laws of England & Wales.
VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
Paul Stallard
1 Edred's Court Calne Wiltshire SN11 8BA
© 2024