In the following conditions of contract “the Photographer” shall mean Kim Hawkins, or subject to condition 8 below, any Photographers appointed by Kim Hawkins. “The client” shall be those whose name appears on the contract. If the client arranges for a third party to meet the costs of this contract the contract remains with the client. The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client unless such conditions are expressly agreed by the Photographer in writing.
The Copyright, Designs and Patents Act 1988 assigns the copyright of the images to the Photographer and they may not be reproduced in any manner without the Photographer’s explicitly written permission.
1.1. The client acknowledges that the Photographer owns all right, title and interest in and to the Images and that The Client has no right to use any of them outside the express Terms of this agreement.
1.2. Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the client has paid The Photographer the money due under this agreement.
1.3. The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence specifically allows the client to use images on a website, on social media channels, in other digital format or in print form and to share extensively through such channels, subject to the client acknowledging the Photographer’s rights and ownership of the Images when shared digitally.Where Images are provided with the Photographer’s watermark, no additional written acknowledgement will be required.The licence does not allow the client to use the Images for commercial purposes.
1.4. So far as any goodwill is generated by the client’s use of the images it shall accrue to the benefit of the Photographer.
1.5. The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Licence of “Model” Rights to Photographer
1.6 The client warrants that they have obtained all Model Rights necessary to enable the Photographer to carry out the assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of a photo of any person or thing at the event.
The client hereby allows the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites and other such material, providing that the images used are lawfully and without damage to the client. The client grants the Photographer permission to enter selected images into photographic competitions and release all claims to profit that may arise from use of images.
3. ARTISTIC LICENCE, COVERAGE AND REPRODUCTION
a.) The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b.) Photographs taken during the course of the event will be at the discretion of the Photographer although every effort will be made to comply with the client’s requirements.
c.) For a booking involving a church ceremony or at certain venues, the Photographer’s movements are sometimes restricted by the minister or official in charge. The area from which the Photographer is able to cover the ceremony may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should that be the case. The photographing of parts or even all of the ceremony may be restricted or prohibited. Negotiation with the officials for moderation of guidelines is the client’s responsibility. The client is strongly advised to check with the appropriate authorities before signing this contract.
d.) For a wedding or other event the Photographer shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or recorded for logistical reasons.
e.) Please note that any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of the Photographer and in some circumstances (such as the change of ceremony date for a wedding) the Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the Photographer is not liable to compensate the client in any way whatsoever.
f.) Due to a variety of lighting conditions and the limitation of digital sensors, some colours may alter throughout a set of photographs. Please note that some colours do not reproduce exactly on photographic paper.
g.) The Photographer does not provide proofs or preview photographs. All the pictures taken on the day will be included in the main wedding album apart from blinks, duplicates pictures, and any other images considered not being appropriate to the coverage.
h.) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Photographer will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
4. GROUP PHOTOGRAPHS
The Photographer suggests limiting the amount of posed group photos taken to 10 unless more are agreed in advance. This is to ensure the Photographer’s reportage style can prevail. A member of the wedding party should be assigned to assist with the gathering of guests for the group photographs.
a.) All photographic services undertaken on the wedding date are supplied at the prices ruling on the date of the contract. All reprint orders and extras are supplied at the price ruling at the time of receipt of the order.
b.) The client will be liable to pay any additional expenses incurred by the Photographer not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of albums, discs, prints and other products to non-UK addresses.
a.) A non-refundable retainer of £400 (paid by cash or bank transfer) along with a completed booking form confirms your booking. The retainer is only valid for one date and cannot be transferred to any other date and therefore changes to the date of your event shall be treated as a cancellation and clause 10 will applyThe retainer forms part of the total cost of the package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The retainer is refundable during your statutory 14 day “cooling off“ period. Payment of the balance fees for photographic coverage is due in full NO LATER THAN 30 days prior to the contracted date.
b.) All persons paying either retainer or full payment agrees in the principles of this agreement and is bound by its contents as either a signed or unsigned contract.
c.) All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images and any other services ordered after the event.
d.) Title to all goods remains with Kim Hawkins until paid for in full by the client.
Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, books, frames and any other special services that have been agreed.
8. LIABILITY AND FORCE MAJEURE
8.1 The Photographer will use reasonable care and skill in performing the services.Where any valid claim in respect of the services is made (in Contract or in Tort) the client may be entitled only to a refund of the fees or part of the fees.
8.2 The Photographer’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.
8.3 Nothing in these terms will exclude or limit liability for death or serious injury caused by the Photographer’s negligence.
8.4 The Photographer shall not be liable for any additional losses arising due to force majeure.
8.5 The Photographer shall be entitled to substitute, alter or cancel the contract in the event of any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime). In such circumstances the Photographer will make every effort to secure a replacement photographer. However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
If the Photographer is required to cancel the booking, then any monies paid to the Photographer EXCEPT the non-refundable retainer, shall be repaid to the client, less any expenses incurred at the time of cancellation. The Photographer shall not be liable for any additional losses incurred as a result of such cancellation.
9. DIGITAL FILES
a.) The digital files shall remain the property of the Photographer and shall be kept by them for not less than 6 months from the wedding date at one site.
b.) Should digital files be lost, damaged or destroyed the Photographer’s liability shall be limited to a pro-rata refund for any goods already supplied. No refund will be due for any digital files lost, damaged, or destroyed after 6 months from the date of the wedding.
c.) All orders for books and albums paid for at the time of booking should be placed with the Photographer before the end of a three month period starting at the date the client receives their images. The Photographer will not be liable for failure or additional charges to produce any orders placed after this time.
10. CANCELLATION FEES
If the client should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.
a.) Cancellation within two weeks of booking and more than three months to go until the wedding date, the non-refundable retainer – see clause 6a above.
b.) Cancellation with less than three months to go until the wedding, full price for the complete photographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of the booking).
c)Any changes to the date of the wedding will constitute a cancellation and clause 10 will apply.
11. PLACING AN ORDER AND RECEIPT OF GOODS
a.) Any alterations to orders must be notified by phone or e-mail and confirmed in writing (sent by Royal Mail Special Delivery) within three working days of the order being placed. The Photographer will not be held liable for any costs incurred due to alterations to the order made by the client after this time. E-mail is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
b.) The Photographer must be notified by telephone or email and confirmed in writing (sent by Royal Mail Special Delivery) within three working days of the client being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
c.) Due to the nature of this product the Photographer is unable to give exchanges or refunds. This does not affect your statutory rights.
12.1 The Photographer may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
12.2 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services.Each party recognises and accepts its obligations with the regard to the control and the processing of personal data under the current data protection legislation and regulations.For more information on this, please see our Privacy Notice on Our Website.
13.1 The client is hereby advised to take out appropriate wedding insurance policy to cover the event of cancellation.
13.2 The Photographer’s fees will be paid after invoices rendered from time to time.No VAT is applicable.Payment terms are on invoice, and payment is not deemed to have been made until the fees have been paid in full.If payment is not made in full and within time, the services may be suspended and payment in advance may be required before the services are recommenced.The Photographer reserves the right to require some or all of the Fees to be paid in advance of the commencement of the services where applicable and agreed in writing.
13.3 If payment is not made in accordance with the above clauses, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
13.4 The services may be terminated if the payment of the fees is not made in accordance with these terms, or if the client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or it the client enters into any form of insolvency arrangement or suspends their business.Upon termination, the client shall immediately pay any outstanding sums to the Photographer.
13.5 Nothing in these terms are intended to create a partnership or joint venture between the Photographer and the client, and no party has the right to act as agent for the other or to bind the other party in any way.
14. GOVERNING LAW
Any contract made between the Photographer and the client shall in all respects be governed by and construed in accordance with the English Law and the parties hereto submit to jurisdiction of the English courts.
I hereby request Matt Tyler to photograph my wedding as detailed in the attached specification.
I have read and understood the attached terms and conditions and agree to abide by them.
I understand that the terms of this agreement cannot be changed unless agreed by Matt Tyler in writing.
I realise that this contract becomes effective immediately and agree my retainer fee is not refundable and cancellation rates will apply in the case of any cancellation by me (your statutory rights are not affected).
Please tick this box to acknowledge the Terms & Conditions*
I agree to the above Terms & Conditions and acknowledge that this is a legally binding contract.
Date Contract Signed*