Terms and conditions
Now for the terms and conditions. Alot of the terms are to cover both me and my business as well as you my client. Again if you have any queries or any concerns just get in contact.
1. Entire agreement
This agreement constitutes the entire agreement between the parties and supersedes all previous agreements (written or oral) between the parties in relation to its subject-matter.
Each party acknowledges that in entering into this agreement it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
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.
3. Booking Fee
The Booking Fee of £200 may be made by BACS online money bank transfer (preferred), or a cheque made payable to Adam van Dorp, or by cash, and secures the time and services of the Photographer(s) 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. Cancellation less than 12 weeks before the wedding will result in the payment in full.
All cancellations must be in writing. 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.
Following payment of the non-refundable Booking Fee, the remainder of your payment will be due 4 weeks before your wedding date. No Photographs, Story books, USB Memory Stick, DVD or Optional Extras will be delivered until all payments due have been paid in full. Payment for Reprints, Canvas Prints, Photo Books, or other Optional Extras is to be made in full at the time of ordering.
Payment for additional Attendance Hours (part or whole at £100 per hour) where agreed, but which may not be known accurately at the time of Contract signing, must be made at the post wedding delivery meeting.
All prices are as at the time of signing the Contract, but in the event that changes arise that are outside the Photographer(s) control, for instance but not exclusively, the costs of Prints, Optional Extras, Travel and Subsistence, then we will inform the Client of such within 21 days.
The Principal Photographer will be Adam van Dorp, and where he deems appropriate, a 2nd Photographer of his choice will be provided at no extra cost. They will be the ONLY stills Photographers allowed to attend for financial gain. (Videographers attendance by agreement.)
All image sizes are nominal. The Photographer 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. The number and style of photographs delivered to the client by the Photographer shall be deemed correct. Images will be delivered within 6 weeks after the event ( though usually before).
8. Creative Licence
The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.
The Photographer may display any photographs included in this contract in his studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows, unless expressly denied in writing by the Client.
Retouching, digital manipulation and artistic finishing is available to the Client as an optional extra.
All Reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
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. Negatives/Digital files remain the property of The Photographer(s).
Click copyrightservice.co.uk/copyright/p01_uk_copyright_law to read a Fact Sheet in laymans’ terms of how and where Copyright applies.
13. Licensed Images
Images supplied by us on a DVD Disc/USB Memory Stick as jpeg format digital files will be of sufficient resolution for printing up to size [A4/A3/A2]. They are licensed to you for sharing or displaying electronically with Family and Friends, and for printing by the Bride and Groom ONLY. Your remaining family and guests must view and purchase prints from the password protected ‘Client Area’ on our website.
14. Third Party Printing
Adam van Dorp Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB Memory Stick/DVD that we supply by Third Party Printers such as High Street photo processing shops.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, 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.
16. Travel and Subsistence
For attendance at venues at a distance over 50 miles radius, travel costs at the rate of £0.50 per mile will be charged where appropriate. Where the wedding and ceremony require an overnight or longer stay, whether in the UK or abroad, then modest hotel and subsistence charges will be made.
17. 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.
18. Force Majeure (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.
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. Cancellation less than 12 weeks before the wedding will result in the payment in full.
The photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property.
The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the wedding. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers (SWPP) to mediate but only on the basis that its decision shall be final and binding upon both parties.
22. Country of Jurisprudence
This Contract is made under, and subject to, English Law.
We agree to these terms and conditions