Andy J Photography
Wedding Photography Contractual Terms & Conditions
This contract is between the photographer and the client as detailed below:
The Photographer’s name: Andrew Jackson of Andy J Photography
Summary of the Contract
The photographer is responsible for providing for the client a photographic service and products as detailed in section 2 (‘coverage’). The client undertakes to engage the photographer for this coverage for the price as detailed in the original booking form.
Photographic coverage will be provided by the photographer as outlined within the initial booking form.
2a. All photography, products and services will be supplied/fulfilled as outlined in the initial booking form in strict accordance with the following terms and conditions.
2b. Client Meetings
The photographer will agree a meeting with the client when arranging there booking, unfortunately due to varied constraints and commitments the photographer does not guarantee that he will be able to meet with the client again prior to their wedding day, however does offer a full telephone consultation at no expense to the client, whereby we will discuss there wedding day in greater detail, any additional meetings must be agreed prior to the telephone consultation and may incur additional costs to the client.
2c. Coverage starts from bridal preparation lasting approximately 1 hour at an agreed place of meeting and then up-to and including the 1st dance, depending on which package the client has purchased, the photographer will agree to photograph the 1st dance providing it has taken place prior to 9pm, after this time the photographer will be either un-available or may charge an additional flat fee of £100 per hour.
The client will pay the photographer a total agreed fee subject to the following terms:
A minimum deposit (agreed by the client) is required to secure the date and payable on execution of this agreement. This deposit is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation, payment of the balance by BACS is due no later than one week before the date of the wedding.
All cancellations must be delivered in writing at least 7 days prior to your wedding. The cancellation conditions above will apply for postponed weddings if the photographer is not able to re-schedule for the new date and time. The fee for a postponed wedding is subject to change.
Upon a cancellation less than 7 days prior to your wedding or failure by either party to attend the wedding will result in a monetary refund on a pro-rata basis of 90% of the total after deposit within 2-7 days from your wedding date and 80% of the total amount returned upon cancellation on the wedding day itself.
Any additional payments for albums and other services are to be made when the order is placed. Prices for orders placed over one year after the date of the wedding may be subject to change.
This also includes orders included in the initial wedding package, clients who purchase an album package are not entitled to any cost refunds of albums or subsequent albums if they fail to provide a comprehensive list to the photographer prior to album design.
The entire copyright in the photographs is retained by the photographer at all times throughout the world, however where a disc of photographs has been provided to the bride and groom as part of their wedding collection, these photographs may be printed, and displayed online, for personal but not commercial use.
The photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work unless specifically requested otherwise by the clients.
Photographic images, size, colour, style and composition
All image sizes are approximate. The photographer will provide an acceptable colour balance and ensure photographs meet a pleasing standard in terms of colour and composition but cannot guarantee exact colour matching. It is sometimes not possible to record on film or in print the exact colour as seen by the human eye, taking ambient light and the use of artificial light into consideration.
There is no right to reject the images on the basis of style or composition or simply that you do not like them.
5a.You as the client are responsible prior to and on the day of your wedding for providing the photographer with a list of any specific photographs you require, failure to do so may result in certain images being un-available to you.
5b.All images are totally subjective towards point of view and as with any artistic product, photographs can be viewed in a variety of different ways, the photographer is only responsible for producing a photographic record of your wedding day under the agreement of each party, however will assist you in any way he can to ensure you have a variety of photographs from your wedding day.
5c.Whereby the photographer will try to photograph in various locations throughout your agreed contractual time, he/she is not responsible for a lack of images due to various weather conditions or time constraints especially if either party is late for his/her wedding ceremony/reception, lateness can have a severe affect on all aspects of photographing your wedding and is completely out of the photographers control in co-ordinance with the rest of your wedding day.
5d. The photographer will not be held responsible for failing to capture any images that are out of his control i.e. Wedding car, group shots, certain family members, guest photographs, however will attempt to provide as many photographs as possible from the situation or people who allow him to do so.
5e. Post wedding media files (Images) will be delivered in accordance with your initial contract at a particular time scale agreed (usually 10-15 working days) and will be supplied in a plain packaged DVD format only, unless additional DVD folio packaging has been purchased in accordance with your initial booking and the photographer (Andy J Photography) will agree to keep your images for a period of 24 months from the date of supply, after this date unfortunately the images may be un-avaiable.
5f. Photographic albums and story-books will be designed within 4 weeks of the client submitting there chosen image numbers to the photographer and can take a further 4-6 weeks for completion, once the photographer has allowed the client to proof view a sample of the completed album this artwork can not be changed under any circumstance and the client agrees the finished album is to there satisfaction at the point of ordering, the album can only be rejected after time of delivery if the product is damaged or faulty, this does not affect your statutory rights.
5g. It is the clients full responsibility to provide the photographer with a comprehensive list of image numbers in order to produce their album set (available to order online), failure to do this within a period of 6 months may invalidate the clients choice of images and result in the photographer designing and producing an album set, which in the opinion of the photographer would best represent the clients wedding day, the photographer will not refund the cost of any album set due to the clients not completing the album ordering procedure.
5h. Images and album design do not include any photoshop manipulation whatsoever and this is not offered as a service by Andy J Photography under any circumstance, however basic cropping and image re-sizing is included if required.
All images will be uploaded to the photographer’s / clients private wedding gallery for viewing by any third party interest who has the encrypted password, it is the clients responsibility to inform the photographer if he/she would like any images removing from the viewing gallery or the viewing gallery not to be published on-line.
In the unlikely event of the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on his behalf to undertake the photograph or offer a full re-imbursement of any monies paid to the client.
7a. The photographer will not tolerate any abusive behaviour and if the photographer feels threatened or has suffered any physical or verbal abuse during any process of your wedding he has the right to immediately cancel any products or services offered under this contract and may be forced to take legal action towards the individuals involved.
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.
Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, 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.
The undersigned have read and understood the above contract and agree to the terms and conditions in their entirety.
Insurance & Indemnity
Andy J Photography is insured for public liability and professional indemnity by Markel direct PLC, details are available upon request.
11. Complaints procedure
Any complaints must be received in writing either via website, e-mail or post, address details available upon request.
Enquiries: 0151 283 1354 / 07768 189442