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
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Summary of the Contract
The photographer is responsible for providing for the client a photographic service and product(s) 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.
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The Coverage
Photographic coverage will be provided by the photographer as outlined within the initial booking form and all photographs as with any artistic product are a subjective artform of the photographers choosing.
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 offer further meetings with the client 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 detail, any additional meetings or rehearsal's must be agreed prior to the telephone consultation and generally incur additional costs to the client up-to and no greater than £125 per scheduled meeting, all other communications will be via e-mail & phone.
2c. Coverage starts from bridal preparation lasting approximately 1 hour at an agreed place of meeting, whereby "prep" is one agreed location and not multiple locations & up-to and including the 1st dance, which will be no later than 9pm 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 make the decission to be either un-available or charge an additional flat fee of £125 for each hour, to be paid prior to receiving your images.
2d. Pyrotechnics & Fireworks
Andy J Photography does not offer Pyrotechnic or Firework photography unless pre-agreed at the time of booking, additional costs & equipment may be required for this service.
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Payment Arrangements & Booking Fee
The client will pay the photographer a total agreed fee subject to the following terms:
A minimum non-refundable booking fee, (which is agreed by the client) is required to secure the services of Andy J Photography and reserve the wedding date, this is payable on acceptance and execution of this agreement and booking form. The booking fee is non-refundable or transferable in the event of cancellation for any reason, it being agreed as a loss suffered by the photographer due to client cancellation or re-schedule for any reason, this includes any cancellation issues out of control of the photographer and acts of god. The payment of the remaining balance is due by BACS no later than one week prior to the date of the wedding, if the payment arrangement has not been met by the client by the agreed date then the photographer has the right to cancel the booking with immediate effect and is not under any obligation to refund the booking fee.
If for any reason the client re-schedules their wedding date, Andy J Photography will (providing the date is available) be happy to move the booking to the new date providing a new booking fee is paid to secure the new date, it is the clients respinsibility to check available dates with the photographer before booking their new date, failure to do this may result in the photographer being un-available and in this case the agreement will be cancelled by the client and made nul & void without exception and the booking fee remains with the photographer.
All cancellations must be delivered in writing by e-mail to info@andyjphotography.co.uk 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 by the client for any reason 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 booking fee, 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 album 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.
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Copyright
The entire copyright in the photographs is retained by the photographer at all times throughout the world, for commercial publication and advertising purpose, however where a USB or Download of photographs has been provided to the client as part of their wedding collection, these photographs may be printed, and displayed online, for personal but not commercial use unless there is prior consent and written approval from the photographer.
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/her work unless specifically requested otherwise by the clients.
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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, which can have an effect on overall sharpness and compostion.
The client has zero rights to reject the images or request a refund or pro-rata refund on the basis of style, composition, expression etc or simply that you do not like them, services not fulfilled will be looked at on an individual basis, which require the client to send AJP details via e-mail which will be responded to withtin 7 working days.
5a. The client will be responsible prior to and on the day of your wedding for providing the photographer with additional requests of any specific photographs you may require, however unfortunately AJP will not accept long lists of photographs nor will he accept other photographers styles or image requests seen on other photographers websites or social media pages.
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/she can to ensure you have a variety of photographs from your wedding day, which will be a general representation from your day.
5c. The photographer will try to photograph in suitable and various locations throughout your agreed contractual period to get the best out of the photograph, however from time to time the photographer has to photograph from a specific location not of their chosing and may not capture images as intended or required due to elements out of his/her control i.e Church priests, Vicars and Registrar's informing the photographer where they can and can not stand during the entrance and ceremony period, wedding speeches and variable other factors are also included in this caviat.
The photographer 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/her control i.e. Wedding car, group shots, certain family members, guest photographs, however will attempt to provide as many photographs as possible from the day, situation or people who allow him to do so and the photographer is accepts no responsibility for facial expressions, posture and body positions.
5e. 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 and colour matching is included if required.
5f. 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 the form of a download facility requiring a pin number, which will be supplied by the photographer, USB media files can be purchased separately and Andy J Photography will agree to keep your images for a minimum period of 12 months from the date of supply, after this date unfortunately the images may be un-avaiable.
5g. Photographic albums and story-books will be designed within 3-4 weeks of the client submitting there chosen image numbers to the photographer and can take up-to 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.
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 12 months may invalidate the clients choice of images and result in the photographer designing and producing an album or 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.
5i. AJP can not be hel responsible for unwanted people or object in the foreground or background of images i.e videographer or staff member walking past the shot
6. Image Supply
All images will be made available to the client within 15 working days of your wedding date, images will be uploaded in high resolution to your private password protected viewing gallery whereby you can view & download all images in various resolutions, Andy J Photography does not provide a USB or disc of images, however this can be purchased for an additional fee.
6a. All Images will be supplied in downloadable JPG format only with a print resolution of 300dpi and will vary in print size. AJP does not supply or store photographic RAW files
7. Online viewing
All images will be uploaded to the photographer’s / clients private password protected wedding gallery for viewing within 15 working days , any third party who has interest should contact the client for 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.
8. Attendance
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.
8a. 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.
9. Indemnity
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.
10. 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.
11. Insurance & Indemnity
Andy J Photography is insured for public liability and professional indemnity by Markel direct PLC, details are available upon request.
12. Complaints procedure
Any complaints must be received in writing and will be replied to within 7 days either via website, e-mail: info@andyjphotography.co.uk
General Enquiries Contact: 07768 189442