PHOTOGRAPHY BOOKING: Kasey & John - Saturday 1st June 2024
PLEASE READ THROUGH AND WHEN YOU GET TO THE BOTTOM PLEASE COMPLETE THE DETAILS, SIGN AND SUMBIT
Introduction
This contract is designed to protect you (the Couple) and Claire Penn Photography (the Photographer). Its purpose is to lay down in writing exactly what you, as a client, can expect to receive and what I as Photographer must provide. Please note that I see many couples and it is not always possible to remember exactly what has been agreed at each meeting, therefore this contract shall take precedence over all verbal discussions between the Photographer and the Couple and its contents form our contract.
If ancillary matters are agreed outside of this contract, please include these in the notes section. I will indicate my acceptance of these in writing by email and they shall form part of the contract. It is your responsibility to check this contract, complete any missing information and ensure anything agreed between us that has not been included in the contract is added in the notes section.
It is mutually agreed that the terms of agreement herein form part of this contract and that no variation or modification of this contract shall be effective unless accepted by both parties in writing, up to 7 days before the wedding day.
Parties are hereby known as Claire Penn Photography (hereinafter referred to as the “Photographer") and the couple (hereinafter referred to as the "Couple").
This contract for wedding photography services is effective and binding from the date it is signed by the Couple and the booking fee has been received in full by the Photographer.
The Product
The Photographer agrees to be in attendance on the wedding date above and agrees that the Couple will be provided with photographic services and products as detailed in the package description below, selected by the Couple.
The Package
The wedding photography package offered by the Photographer at a price of £5850 includes:
Coverage over 3 days: Thursday evening (up to 2 hours), Friday (up to 6 hours, split between afternoon and evening) and Saturday all day coverage.
Image editing in my signature style
Online password protected gallery
All images in high resolution with full printing rights - available to download
Photographers travel and subsistence expenses
The Couple agree that they are liable to pay the full cost of the wedding package purchased. In order to secure their chosen date, an initial non-refundable booking fee of £1462.50 (25%) will be paid by the Couple and they will also pay a further £1462.50 towards the balance at this time - total £2925.
There is a 14 day cooling off period from receipt of the signed contract in which the client can cancel and the booking fee will be be refunded. After the 14 days the booking fee payment is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
The remaining balance of £2925 must be paid no later than 8 weeks before the wedding - on or before 6th April 2024.
The package price quoted at time of booking will be honoured, regardless of whether prices rise or fall. The package price in force at the time of booking is written on this contract, which is deemed as accepted by the signature of the Couple, and the payment of the £1465 non-refundable booking fee.
Schedule of Payments
Upon the Couple’s digital signatures and payment of the booking fee, the Photographer will reserve the time and date agreed upon and will not make any other reservations for that date. For this reason, the fee of £1500 is non-refundable if the wedding is cancelled for any reason; including acts of God, fire, new or ongoing pandemic, strike and/or extreme weather.
However the date may be changed and the booking fee transferred across as long as The Couple liaise with the Photographer and check to make sure the Photographer is available on their new date. If the Photographer is not available an associate photographer may be offered. If the Couple change the date without checking the Photographer’s availability then it will be classed as a full cancellation and charges will apply according to this contract. Additional charges may apply if moving to a peak date or to the following year.
The initial booking fee is to be paid at time of signing the contract and is applied towards the contracted wedding photography package. If no booking fee is received within 7 days of signing the contract then the Photographer may offer the date to another client. The Couple understands and agrees that the entire amount owed for the wedding photography package described in the contract is due no later than 8 weeks before the wedding and agree that failure to comply with the above schedule will release the Photographer from all obligations under the contract and that all fees paid will be forfeited.
Bank Details for BACS payment:
Claire Penn Limited
Lloyds Bank
Sort code: 30-91-92
Acc no: 53303060
International bank details:
Claire Penn Limited
Lloyds Bank
IBAN: GB18LOYD30919253303060
Swift code: LOYDGB21075
Registered business address:
14 Grosvenor Court
Foregate Street
Chester
CH1 1HG
Photographers Time, Working Hours and Food
The Photographer’s time starts from the agreed arrival time and continues over the three days as specified above. Any additional days added will need to be agreed in advance and will be extra.
The Couple agree to provide food for The Photographer(s) either with the wedding party or in an adjacent room whenever the Couple and their guests are eating. Where the Photographer works for 4 hours or more in one block, the couple agree that the Photographer and any assistants are entitled to one comfort break of at least 15 minutes. Where the Photographer works for 8 hours or more, the couple agree that the photographer and any assistants are entitled to an additional break of at least 45 minutes.
Photographer's Accommodation
The Couple agree to provide an en suite twin bedded room on site for the Photographer for 3 nights from Thursday 30th May 2024.
Force Majeure or Act of God
In the unlikely event of total or part photographic equipment failure, injury or sickness or any other circumstance beyond the Photographer’s control such as natural disasters (earthquakes, hurricanes, floods), wars, riots, pandemics (new or ongoing) or other major upheaval or performance failures of parties outside the control of the contracting party then the Photographer’s liability shall be limited to a refund of any monies paid minus the non refundable booking fee.
Limitation of Liability and Disclaimer
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a catastrophic mechanical failure to the Photographer's equipment or that the Photographer is unable to provide the Couple with the agreed upon photography services and/or products, the Photographer and the Couple agree that the Photographer is not responsible for any other consequential damages, emotional or otherwise and that the Photographer's liability shall be limited to a full refund of all monies paid. The Couple agree that a wedding cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and limits the Photographer's liability to the refund of all monies paid under this contract. Neither party shall be liable for indirect or consequential loss.
House Rules
The Photographer is sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, some insist that the Photographer shoot from a specific location. In such circumstances, the Couple agree to accept the limitations that may be imposed on the Photographer. The Couple are advised to make themselves aware of the rules when it comes to the photography of their ceremony and if necessary negotiate with those concerned.
Privacy
The Photographer will store your name and wedding details. These details will not be made available to any individual or organisation other than the Photographer and the Photographer’s staff, and will only be used in relation to the purposes of the business.
Liability for clients' personal effects /belongings and duty of care
It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer does not accept liability for items left with The Photographer for any reason. Any items left with The Photographer are left entirely at your own risk. The Photographer does not accept any consequential loss for items left with the Photographer. The Couple accept that NO duty of care exists with regards to any items left on a temporary basis with the Photographer unless a full written inventory is provided, with costs and full descriptions of items, and is agreed between the Photographer and the Couple in writing before hand. The Photographer may suggest suitable and reasonable set ups for photographs to the Couple and it is assumed the Couple accepts liability (including with respect to the Couple’s own Health & Safety) for those photographs should they agree to the photographers request. The Couple accept liability for the Photographer's health and safety whilst the Photographer is working at Couple's homes. (This includes but is not limited to the homes of family members). Where the Photographer feels unsafe, personally uncomfortable or assesses the risk to be unacceptable the Photographer will inform the Couple and give reasonable time for the issues to be resolved. If the issues are not resolved the Photographer reserves the right to leave immediately without further notice.
Artistic Licence
The Photographer shall strive to accommodate reasonable requests concerning locations used and shots taken. However the Photographer’s judgement on photographic style and the number of photographs taken, shall be deemed correct and the Photographer shall be granted artistic licence during the production and post production of the Couple’s wedding photographs. Due to the vagaries of the weather and the willingness and availability of subjects, it may not be possible to capture all of the photographs requested. The Photographer does not undertake to guarantee any specific picture or incorporate any specific background, location or group arrangement. The number of images taken on the day will exceed the number of images delivered to the couple. The Couple understand that the selection of images is done at the discretion of the Photographer and that unused images will be permanently deleted. The estimate of images listed with your package are estimates only and the final number of images delivered may be greater or lesser than the estimate given. Factors which could influence the number of images delivered include (but are not limited to) scheduling difficulties/delays, willingness of subjects, lighting conditions, interference from guests, venue restrictions, travel delays and weather interference.
Colour Matching / Composition
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, The Photographer will endeavour to achieve a pleasing overall colour balance based on natural skin tones, the ambient area or to whatever is relevant to the image’s integrity. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions, colour temperature and digital sensor limitations. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints or other media may not match images rendered on any computer monitor. There is no right to reject on the basis of style or composition.
Formal Group Shots
The Photographer shall strive to accommodate reasonable requests concerning formal group photographs but this shall be limited to no more than 6 group shots. If the Photographer and the Couple agree to more formal group shots these should be added to the Notes section and the Couple understand that this will limit the number of reportage style photographs that the Photographer is able to capture. It is the Couple’s responsibility to nominate someone to gather together all of the people required for the group shots.
Formal Group Shots – Classification
For the purposes of scheduling, please note that photographs containing 2- 6 people are classed as a ‘small group photograph’ photographs containing 6-15 people are classed as a ‘medium group photograph’ and photographs containing 15 or more people are classed as a ‘large group photograph.’
Timings
To help ensure the best possible photographs, the Couple should provide a sensible and realistic timetable of events. As a guideline, small group photos take approximately 4 minutes per group, medium group photos take approximately 7 minutes per group and large group photos take approximately 10 minutes per group. The Photographer will not consent to a shot list which does not include adequate time to perform the photographs. The Couple should also plan 30 minutes for the bride & groom portraiture. As statistically most weddings run later than expected, it is vital that the clients understand the importance of over-estimating the amount of time for each stage of the wedding so as to provide a buffer should the wedding run late. When possible and practical, the Photographer will notify the Couple of any potential schedule conflicts or concerns. The Photographer is not responsible for missed photographs due to scheduling difficulties.
Exclusivity
The Photographer is the only authorized photographer for the day. Other professional photography is not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers) unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the Couple and no refunds will be given. The Photographer is contracted to shoot all photographs relating to the event and no other person is permitted to shoot images for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors eg. a video-grapher may not shoot stills other than a small quantity to illustrate the video packaging. Breach of this condition shall be deemed cancellation of the contract by the Couple and no refunds will be given.
Client Cooperation
The Couple will direct all necessary service providers (florist, venue etc) to provide any and all required information and cooperation to the photographer. Coordination with and cooperation from other service providers is necessary to complete all the photography sessions as scheduled. The Couple is responsible for the conduct of their guests. The Photographer will not tolerate verbally or physically abusive behaviour, nor share their time or compete with guest photographers for the attention of the Couple. Guest conduct that interferes with the wedding photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Couple is unable to manage the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Couple understand that in such an event, no refunds will be granted and the Couple will be held responsible for any costs incurred and repairs to equipment.
Booking Details
The Couple agree that they are responsible for providing the correct details of their wedding day including the date, all timings, each address that the Photographer should attend, and all contact telephone numbers and names as required.
The Couple also agree that they have the responsibility of checking that all building names, street and postcode details are correct. If the Photographer arrives at a postcode, building, street or road given/ checked by the Couple, the Photographer will be deemed to have arrived at the correct address.
Notes and Wedding Timetable
Please provide any notes you may have as well as your wedding timetable, paying particular attention to timings at the ceremony venue and reception venue(s) and full addresses. Attach additional sheets if necessary.
Copyright & Model Release
We the Couple give the Photographer and all licensees and assignees the absolute right to copyright and use the photographs taken at our wedding and any other reproduction or adaptations thereof, in whole or in part, alone or in composite or altered form, or in conjunction with any wording or other photographs or drawings, for advertising, publicity, editorial, promotional or any other purpose including use on the Internet and World Wide Web or transmission by any other electronic means providing that the images are used lawfully and without damage to the Couple. The Photographer agrees not to resell any image to a third party other than with prior written consent. We the Couple understand that we do not own the copyright to the photographs, and that we waive any right to inspect or approve the finished use of the photographs and that the copyright of the photographs belongs to the above-named Photographer as per the United Kingdom Copyright Act 1988. We hereby release and discharge the Photographer and all licensees and assignees from any liability whatsoever, by reason of any distortion or alteration or use in composite or other form, whether intentional or not, which may occur in the making or use of the photograph(s). The digital images taken by the Photographer are for personal use by the Couple and their friends and relatives only. The Couple agree not to reproduce or copy any proof or other photographs of the event, taken by the Photographer, without the Photographer’s written permission unless it is for non-commercial use. Any unauthorised reproduction of proofs or failure to return proofs to the Photographer (if applicable), constitutes a breach of this agreement and will subject the Couple to any and all applicable civil proceedings and penalties.
Images and Reproduction
Where high-resolution digital images are provided to the Couple, I the Photographer give the Couple license and right to reprint those images and distribute for personal use. The images may not be altered, re-edited or cropped (other than for printing purposes) in any way. They may not be sold or used in any commercial publication or on any website without the prior consent of the Photographer. Images will be supplied in high resolution watermark-free format and a set of web resolution watermarked images for use on Facebook and other social media sites. Images will only be supplied as a final finished product (.jpg or other suitably finished file format). RAW files will not be surrendered at any time.
Online Image Use
We the Couple understand that the Photographer may show images on a Facebook business page or blog images on the Photographer's blog or a third party wedding blog at any time including prior to the Couple receiving all of the digital files in their private gallery.
Proofing/Printing Guidelines
Digital final photographs are provided within 12 weeks from the date of the wedding. This takes the form of an online gallery of watermarked images.
Please note that due to cumulative workload later in the season (June-November) this may take longer than targeted guidelines. When this is the case, the Photographer will notify the Couple by e-mail. Once the images have been approved by the Couple, any changes or alterations may incur additional expense.
Album Design & Image Choices
All albums purchased include two free revisions (each revision not comprising of more than 20% of pages or images - whichever is lesser). All revisions after this will be billed at an hourly rate in full hour increments. Please ensure that notes and requirements are fully communicated so as to avoid any additional charges for revisions. Where an album forms part of the package the Couple will have 1 year from the date of the wedding to choose images for the album. After that time an additional fee of £200 will be charged.
Returns & Refunds
Due to the personal nature of prints and albums, there are no returns or refunds on any prints or albums ordered and all must be paid for in full before any design work is undertaken. This does not affect your statutory rights. Albums and prints should be inspected upon receipt and any defects should be reported within 3 days of receipt of the item(s).
Discontinued Products
Products may be discontinued at any time without prior warning.
Governing Law:
Any contract made between the Photographer and the Couple shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
Cancellation
Please note the Couple's right to cancel all contracts in writing within 14 days, providing that no clearly personalised work or order has already been undertaken by the Photographer on behalf of the Couple.
After 14 days the Couple may cancel this contract in writing, subject to the following charges:
8 weeks or less – total package price
8 - 16 weeks prior – 75% of total package price
16 weeks + – booking fee only
Complaints
All complaints should be raised by the Couple directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Couple within 14 days of receipt of the complaint. In the unlikely event of an unresolved complaint the Couple may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Right of withdrawl
Discovery of new information, changes to agreed circumstances, or other factors may result in service withdrawal. Non-cooperation; changes in locations; facilities or available times; missed appointments and late payments are examples of contributing factors. Should the Photographer initiate the withdrawal, all fees will be returned, excluding the booking fee as well as fair market value for all services/products already provided. In case of withdrawal, £100.00 an hour is charged for all photography services already provided and £60.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour. Nevertheless reasonable cooperation will be given by the Photographer when changed circumstances occur.