Deborah Longmore Photography and The Female Wedding Photographers – FWP
In the following Terms and Conditions:
“Business” shall mean Deborah Longmore Photography/The Female Wedding Photographers – FWP
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Deborah Longmore Photography [OR SUB CONTRACTOR’S NAME];
“Products” shall mean any discs, USB, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
NON refundable Booking Fee – £200
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
If you cancel your contract with Claire Osborne Photography Within 14 days of booking A full refund of any booking fees paid will be given. (Only legally required for ‘Off-Premise’ or ‘Distance’ Bookings) this is to be done in writing to email@example.com before midnight on the 14th day after payment.
Deborah Longmore Photography/FWP will be in contact with you approximately [5-6] weeks prior to your Event to arrange a pre-event appointment, and to discuss payment of your balance, the prewedding meeting (if included in your package) comes with a free photoshoot, this is a mini shoot of around 15/20 mins and will include 10/15 colour images (and the same edited in black and white) this shoot can not be excanged for any other type of shoot and has no monitary value if not required. Any remaining balance is to be paid 30 days prior to the wedding. All payments must be received and cleared funds in full at least 30 prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
- The remaining balance is due at least 30 Days prior to the Event Date.
- Payment for any additional images or products must be made at the time of order.
- Failure to make payment by the dates stipulated may result in cancellation and full payment will still be payable
Bank Transfer (BACS) payments may be accepted by prior arrangement – Late payments will attract an administration charge of £10.00 for the first day late, if payment isn’t made 72 hours after the due date 10% off the balance will be then added, if payment isn’t received 7 days after the due date the event will be cancelled and the full payment will still be due.
No photographs or albums will be available to collect until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
Albums to be collected from the photographer, we can ship to any address. Shipping Charged at cost.
License and Coverage
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavor to fulfill the Clients’ requirements, the Photographer(s) 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.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. Images placed on online galleries within the website are not available to the general public in the normal course of events. The Photographer(s) agree not to resell any image to a third party other than with prior written consent.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players and computers.
Only quality branded CD’s and DVD’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Any additions to the wedding package will be priced according to the price list operative at the time the extras are approved (this may be different to the price list in operation at the time the wedding package is agreed). This term of the contract is non-negotiable.
You may upgrade your package to a different package at anytime, however the charge difference will be subject to the prevailing price list at the time of the upgrade.
Album choices must to be made within 18 months from the date of your wedding failure to do this will result in a £20 admin charge to recover files from archive and in such event that album costs are increased this cost ill be covered by the client, or a small alternativ album offered.
In the event a product (such as an album included in your package) is no longer available a suitable alternative of similar value will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Digital Files will be stored by the Photographer for a minimum of 12 months after the event date. There is no guarantee they will be kept any longer.
Products are guaranteed to be fit for purpose and against defect in accordance with the period of time the manufacturer offers.
Deborah Longmore Photography/The Female Wedding Photographers – FWP shall be the sole professional (still) photographers at the venues specified and we request that no other professional photographer be in attendance.
We do, however, positively encourage family, friends and other guests to take photographs throughout the day.
We would however ask that family and friends avoid using iPads and other Tablets and mobile phones during the ceremony and we ask that they do not block the isle during the ceremony and on the exit as it does result in us not being able to capture your day fullyWe cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer’s work.
When Videographers are also present at your wedding or event there are many times that we are aiming to record the same events for you, what we call key moments, e.g Walking down the isle, first kiss, first dance, speeches and others, and even though we try to stay out of each others way there are many times that the videographers will be in the background of your key moments shots, this is out of my control and may effect the number of images you receive.
Post Wedding Viewing
All post wedding viewing takes place online and will be available to view between 2 and 9 weeks after the event, if a situation outside of the photographers control prevents this time being met you will be notified of any delay as soon as possible.
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
RAW images will remain the property of the photographer and cannot be transferred to the client or purchased.
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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
The images taken by the Photographer are for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.
Alternation of any images handed to the Bride and Groom is strictly forbidden by anyone other than the original photographer, If any re-edits are required after images are handed over 10 images can be re-edited free of charge after the 10 I charge £15 for each additional 10 images to be re-edited.
You may not pass copies of any images to any other professionals associated with your wedding without the prior consent of your photographer, and then if permission is granted only small file watermarked versions can be shared and the said professionals must link back to www.claireosbornephotography.co.uk
You will be provided with large full resolution .jpeg images for printing and small resolution .jpeg watermarked images for sharing, please do not crop or alter these small images in any way or attempt to remove my logo, and any images that are shared online must retain my logo and watermark.
Your photographer is allowed to have full artistic licence with editing and any images that are chosen to be edited in black and white cannot be converted back to colour, you can request black and white versions of any colour images but these will count as re-edits and thus chargeable, it is against copyright law for you to change these images to black and white yourself.
Alternation of any images handed to the Bride and Groom is strictly forbidden by anyone other than the original photographer, If any re-edits are required after images are handed over 10 images can be re-edited free of charge after the 10 I charge £5 for each additional image to be re-edited.
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Deborah Longmore Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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.
However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of 75% of fees paid for the service or part thereof according to the percentage of images supplied.
Neither party shall be liable for any indirect or consequential loss.
The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Eventmeans an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend. Cancellation
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). Ideally the attached Cancellation Form should be utilised but this can be done by letter or email (only legally required for ‘Off-Premise’ or ‘Distance’ Bookings) It is the Client’s responsibility to ensure the Photographer has received this notice. The date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer
In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-
· Within 14 days of book no fees payable. A refund of any booking fees paid will be given. (Only legally required for ‘Off-Premise’ or ‘Distance’ Bookings)
· Notice received 182 days prior to the wedding date or more: Booking Fee only.
· Notice received less than 182 days but more than 30 days: 50% of the agreed balance due will be payable.
· Notice received of 30 days or less: 100% of the agreed balance will be payable.
Where no package has been selected or final price agreed upon in writing on the original booking form, the agreed balance will be accepted as being £1500.
The cost of any pre-paid and ordered bespoke products cannot be refunded if cancelled.
Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client. Such action will result in the termination of this contract and the start of a new. Extra costs may be incurred as dictated by the change in circumstances.
CONDUCT & SAFETY
The Photographer(s) will not tolerate verbal or physically abusive behaviour, nor will she share their time or compete with other photographers or guests for the attention of the subjects. Uncontrolled conduct by any person that interferes with the photographer(s) may seriously affect the quality of images recorded or increase the number of times they must be retaken. If the Client is unable to control the conduct of attendees, resulting in an unacceptable degree of misconduct, or if any such conduct injures or damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands in such an event, no refund will be granted and claims for damage or injury may result.
All prices quoted are subject to V.A.T at the prevailing rate (if applicable).
Length of Contract
Any contract runs from the date of signing through to the date the last aspect is finalised, though any associated warranties will apply after that date in accordance with the Products section above.
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of that Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. The alternative to the latter is that the Client will need to consider legal action.
Any Notice relating to this contract should be in writing and emailed to the email address stated in the Contract.
Governing law and jurisdiction The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Meals and Refreshments.
It is a condition of this contract that if the event exceeds 5 hours that the Client arranges within their schedule a 60 minute break for the Photographer. Failure to comply with this term of the contract may result in a penalty payment, such sum to be determined by the Claire Osborne Photography at its discretion.
Some Wedding venues have arrangements for photographers to have a break while working there, if details of this can be found out and notified to the photographer before the event this will be helpful.
We always try to break while the guests eat as we do not shoot pictures of people eating, if the time of your meal is longer than our 60 min break we will liase with venue staff to be advised when to come back into the venue room to restart shooting, this is genearlly as the desert course is being cleared away.
The Photographer has a strict timetable, which must be adhered to by the Client. Deborah Longmore Photography reserves the right to make additional charges if the Photographer is unable to take the photographs he/she deems essential to the portfolio during the agreed time and this over-run of time is considered to be directly attributable to a lack of organisation on behalf of the Client. See ‘Finish Time’ for further clarification.
Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people. In cases where the wedding does not run on time (for example, extreme lateness by one of the Clients arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances.
After your wedding meeting you will be provided with our itinerary, this will detail the times we expect to be at each stage of the day this will also detail in writting anything discussed at out prewedding meeting.
One and Two Shooter Packages
If you have selected the one shooter package the photographer will discuss with you at your meeting (and in writting after) where she expects to be at certain times and the coverage you should expect to recieve, with a 1 shooter package you generally should expect to recieve around 50 images per hour but this estimate is dependant on the day and is a general figure rather than a minimum amount
Two shooter packages – Both photographers travel together and generally cover the bridal preps if all preps are in one venue one photographer will cover the groom and the other the bridal preps, in the event of a same sex wedding we will discus preps and your preferences at your meeting and reiterate this in writting after the meeting.
with a 2 shooter package you generally should expect to recieve around 100 images per hour in total but this estimate is dependant on the day and is a general figure rather than a minimum amount.
An additional photographer when added to your package will cover your day from another angle, sometimes we cover the same moments (eg – couple portraits, one photographer will be shooting close up portraits of the face and the other will be getting full body and scenery shots) but we are getting different images from that, when shooting preps one of us could be getting images of clothes and jewellrey and the other makeup and hair, in the ceremony if permitted one is at the front with the couple and the other at the back, we feel that having 2 shooter covers all angles and gives you a full coverage of the day.
Mileage is inclusive within a 50-mile radius of B31 3RH. Events taking place outside of this 50 mile radius will be charged at 0.40p per mile. Package will incur an additional charge to cover Parking, Taxi’s etc if deemed necessary.
For Destination Weddings please contact Claire Osborne Photography for details of cost and a quotation.
Our longest package is limited to 10 hours extra time at the venue will be invoiced at £120 per photographer per hour for every hour we are kept later than the package you have booked after the event and photos on USB or CD will not be supplied until this amount has been paid.
Please Note that the Below Cancellation Form is only legally required for ‘Off-Premise’ or ‘Distance’ Bookings as per the Consumer Regulation Contracts 2013, though it may be use to include it with your Terms & Conditions.
Deborah Longmore Photography
*** Please fill in the following form to confirm you agree to my terms and conditions, after you have completed this form please contact Deborah Longmore to confirm venue details and times.
If you want to cancel your contract with Deborah Longmore, please email firstname.lastname@example.org for the cancellation form, this must be done in writting within 14 days of agreeing to the terms and conditions in this contract.
If you wish to cancel the contract after 14 days the £200 booking fee is non-refundable,
If the contract is cancelled in the last 30 days prior to the wedding date non of the balance shall be refunded and the full amount remains with the photographer ***