TERMS AND CONDITIONS (Weddings)
It is agreed that the terms set out in this booking form is the total agreement made between the parties and that no variations or modification of this contract shall be effective unless agreed by both parties in writing.
1. Special Requests / Coverage
The Client understands and accepts that photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. Any special requests not notified on this booking form must be made by the client to the photographer in writing.
2. The Photographer
On occasion and without notice it may be necessary for the photographer originally specified to be substituted by another suitable photographer (e.g. due to ill health).
All the sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to uncontrollable lighting conditions and anomalous reflectance caused by a certain combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to capture with a camera the exact colour as seen by the human eye.
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 in writing.
5. Negatives / Digital Files
Negatives and digital files remain the property of the photographer.
The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations / poses shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
7. 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 the photographer will do his best to produce the quantity of preview images as discussed with the client (approximately 200 images), there is no guarantee that any particular number of preview images will be produced. All of the images are subject to a standard editing process and any images deemed unsuitable for presentation to the client may be discarded and are not included with the preview images nor made available to the clients at any time. Previewing is done digitally and clients will be provided with a presentation for viewing the pictures on a computer or television.
The client hereby allows the photographer to display any images included in this contract in their studio, portfolio, literature and advertising. No use of the images will be made by the photographer for other commercial purposes except with the written permission of the client. The photographs will be displayed in a secure area of the internet by Victoria Charlotte Rose.
The client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any monies paid including but not limited to any deposit payment made. Should notice of cancellation be received by the photographer less than 20 weeks prior to the date of the wedding ceremony then the client shall pay the total balance. This shall be payable as compensation as an estimate of the loss the photographer would suffer.
11. Limitation of Liability
In the unlikely event of 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.
Any complaints should be raised by the client with the photographer in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of the receipt of the images.
13. Presentation Albums
Clients must choose the photographs for their album layout (where applicable) within 12 months from the date of the wedding otherwise they will become liable to pay any reasonable charges relating to the increase in costs of materials and supplies.
I have read this booking form and agree to abide by the terms of agreement set out in it. I understand that the terms of this agreement cannot be changed unless agreed by both parties in writing.