WEDDING PHOTOGRAPHY TERMS AND CONDITIONS
YOUR WEDDING PHOTOGRAPHY AGREEMENT
This agreement is between the client – Bride and Groom named on the ORDER FORM and Wes Simpson Weddings and relates to the wedding date and venues stated on the order form.
THE SCHEDULE: Client will receive a photography schedule that MUST be completed and returned at the planning meeting before the wedding. Shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the bride and groom, accomplished with good humour and enjoyed by all concerned. Therefore both parties agree to communication before the wedding and that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not go to plan or doesn’t run on time (extreme lateness by the bride arriving at the church, bad weather conditions or act of God) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.
COVERAGE: Standard Photographic coverage is from 10 am to 19.00pm. The agreed time includes two 20 minute breaks and location travel between venues). An additional surcharge is available for coverage that starts or ends thereafter at a pre-arranged rate.
TRAVEL: Travel is included throughout the North West of England only. For weddings outside of this location, a travel fee and/or accommodation is agreed to be at least £300. For international weddings, travel plus a minimum of 3 night’s accommodation is supplied at cost to clients.
COOPERATION: The Bride and Groom and the Photographers consent to happily cooperate and communicate with each other in normal work hours to achieve the best possible result are within the understanding of this agreement. We recommend that the wedding photographer(s) be provided with a helper on the day who is able to organize and point out key individuals/ locations to be photographed. The assistance of the assigned helper(s) in organising family groups. Bride and Groom also agree to give the photographer(s) sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all the guests at your wedding will like having their photo taken. In such cases, the wedding photographer(s) will use his discretion but cannot be held responsible for a lack of photographs of those persons.
TIME: We require a minimum of ONE hour with Bride and Groom for portraits – Without travel. This can be all at once or split into two shooting sections and locations. We will not ask you to do anything you’re uncomfortable with but will offer guidance and help to get the best out of your photography. FAMILY GROUP shots are to consist of no more than eight setups with no more than 10 people per set up. This is to be outlined and agreed in THE SCHEDULE.
ARTISTIC STYLE:On it’s own behalf, and on behalf of the subject: Client acknowledges that it is familiar with photographers portfolio and is requesting services with knowledge of the photographers style; the photographers work is constantly evolving; the services are unique in artistic nature, the photographs may be different from photographs taken in the past; and in creating the photographs the photographer shall use his personal artistic judgment to create images consistent with his vision of the event, which vision may be different to the clients and/or the subject’s vision of the event. Accordingly, the client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
*BOOKING FEE/DEPOSIT: The booking fee is a retainer and due on signing or completing a Wes Simpson Photography Order Form. This is NONREFUNDABLE or TRANSFERABLE. A refund is available for 7 days only. The minimum booking fee is £500. The booking deposit is to secure/retain Wes Simpson and Wes Simpson Photography services to be available for up to eight hours on the agreed date of your wedding stated on the order form (subject to travel agreement). It is agreed that the booking deposit of 1/3rdof the amount is based on the agreed album price displayed in the photographer price list or the photography service provided only.
FINAL BALANCE: The Final Balance of the amount agreed on the ORDER FORM for photography services is payable any time after the booking deposit is received, but no later than 30 days before the day of the wedding. The final balance is non-refundable or transferable. In the event of the Bride and Groom cancelling the wedding for whatever reason, the total balance and booking fee is non-refundable or transferable as is for agreed date only and It will be considered as liquidated damages to the Photographers.
CANCELLATION FROM CLIENT: Agent, booker, planner, or parent(s) (the client is the Bride and Groom named on the order form and the booking resides with them in all situations) – Only cancellations in writing can be accepted. In the event that The Client cancels the contract by giving written notice, the total sum of the booking fee shall be forfeited. In addition, if notice of cancellation is received by The Photographers 6 calendar months or less prior to the appointment The Clients shall pay The Photographers a sum equal to 75% of the order specified in the schedule and ORDER FORM. The said sum shall be payable as compensation, it being an agreed the minimum estimate of the loss The Photographer would suffer. If the wedding is cancelled on the day of the event or 7 days prior, the clients shall pay the total sum of agreed for the collection, services, photography and products outlined on the Order Form. If after the event the client want’s to cancel the agreed service, post-wedding services and products such as online gallery and wedding album. The client forfeits the total paid balance and is not entitled to a refund, in addition the client could be required to pay a further 30% – this cost is the agreed sum for any products, materials, and manufacturing that is outsourced, preplanned and booked in advance; for the benefits of a smooth and productive service delivered in a timely manner and in the development and excision of agreed products and services.
CANCELLATION OF PHOTOGRAPHER. The photographer has the right to cancel the contract. In the unlikely event of cancellation of the contract by the photographer, for any reason including restrictions of service imposed, break down of communication with the client, cease trading, in addition to ill health/wellbeing and change of location greater than 30 miles. The Photographers’ liability shall be restricted to the refund of all monies paid ONLY.
LIMIT OF LIABILITY: If Photographer is ill or injured and a replacement cannot be found or is not accepted. Liability is limited ONLY to a refund of any payments received and is deemed as full compensation with no monies paid thereafter.
FORCE MAJEURE or ACT OF GOD– The due performance of this contract is subject to alteration or cancellation by The Photographers. In the unlikely event of total photographic failure or cancellation of this contract, The Photographers’ liability shall be restricted to the refund of all monies paid ONLY. The Photographers have working methods in place to prevent the loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service ONLY or part thereof according to the percentage of images supplied.
TIME: A deemed and logical amount of time is necessary and required for the photographer to fill his duties of producing non-photojournalistic images. This would be a minimum of one and half hours from the end of ceremony to beginning of wedding breakfast (not including travel) with exclusive access to the bride and groom for posed and set up’s, in addition any standard group shots should be pre-arranged with photographer and organized by a member of the bridal party for easy on the day. Posed images and group shots are subject to time scale, size of the album, wedding location, number of guests, product or images needed.
SERVICE COVERAGE: The parties agree that (Wes Simpson) will provide the services of professional photography. It is agreed that (Wes Simpson) will be the exclusive still photographer employed for the wedding day. Simultaneous photographic coverage by another contracted photographer shall release (Wes Simpson) from this agreement and the professional fee will be retained. In addition, we request that guests and professional videographers NOT take pictures of our set up/posed shots, as doing so may delay the process and effect or ruin the outcome of your photographs. Due to the fact that weddings are uncontrolled events, we cannot guarantee any specific photograph or pose. We will, however, attempt to honour all special requests.
PROOFS: Wedding images taken will be referred to as ‘proofs’ and remain copyright of Wes Simpson unless stated in a “BUYOUT” contract. The proofs will be available to the client in a non-printable digital form of JPEGs. They are used for album selection and should be ready 2-4 weeks after the event. The client then has two weeks in which to choose and select images for album design. If the photographer does not get written instruction of chosen images within 6 weeks of receipt of proofs a 10% increase will be applied to cost of the album design and without a detailed time scale of completion, but will usually be within 6 months.
All images, negatives and/or Digital Files created are kept on active file for six months after the event. After this time a search fee supplement will be charged in addition to the prices in effect at the time of £200. Negatives, raw files and/or Digital Files will be named “proofs” and remain the property of The Photographers. Proofs shall normally be kept by the photographer for not less than SIX months. The purchased images that are included in the designed album are kept on file for up to two years from the wedding date but without guarantee. Overseas shipping of products is at the cost to the client.
ALBUM: The agreed album will be designed by Wes Simpson. The Photographer shall be granted an artistic license in relation to the design process and the Photographers’ judgment regarding images and the number of pages included shall be deemed correct. No single picture or amount of Images taken can be guaranteed in the album, although the Photographer will always try to give the Client everything they wanted. The completed design once agreed takes 8 weeks without shipping from Italy. Change of album is subject to terms and conditions.
OWNERSHIP: All images are on file for 6 months. Purchased images (images used in album design) are kept for two years without guarantee. After album design is complete clients have the option to buy printable images rights for a fee of not less than £250 and not more than £2000. The fee is the agreed minimum loss of additional print and product sales.
COPYRIGHT: All images copyright of Wes Simpson and Wes Simpson Photography. Additional images are available to buy at stated cost. Guests are welcome to take pictures at the event/wedding for personal use only. Posed positions, group shots, setups and staged images of clients/wedding couple and party on the day are copyright of Wes Simpson Photography. COPYRIGHTS ACT – The 1988 Copyright Act assigns the copyright to The Photographers. It is contrary to the Act to copy or allow to be copied, any photographs covered by this contract. All images, Previews and Proofs remain the property of the Photographer unless otherwise specifically contracted in writing and purchased at the agreed cost.
COPYRIGHT LAW: English Copyright Law states that the copyright of photographs remains with the photographer. The Photographers grant the Bride and Groom permission to make copies of the images under the following conditions. The images taken by the Photographers are for personal use by the bride and groom and their friends and relatives. Selling, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographers.
LICENCE: The Photographers shall be granted the artistic license in relation to the poses and locations used. The Photographers’ judgment regarding locations, poses and number of photographs taken shall be deemed correct. No single picture or amount of Images taken can be guaranteed although the Photographer will always try to give the Client everything wanted.
DISPLAY: The Photographer shall be permitted to use any photograph included in this contract as promotional material without payment of any fee. (This will include publication on the Internet.) We will, however, ask for your blessing.
PAPARAZZI WEDDING GUESTS: In the spirit of cheerful cooperation the Bride and Groom agree to give the Photographers precedence over all attendees, wedding vendors and videographers with cameras, phones and iPads. We cannot be held liable for a lack of wedding photos if guests taking photos have interrupted the photographer’s work or photo-bombed key moments or events.
MODEL RELEASE: In completing the Order form The Bride and Groom grant the Photographers and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photographs of the bride and groom for editorial, competition, advertising, website, social media and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Bride and groom hereby release the Photographers and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
PRINTS: The client has the option of ordering additional prints through an online gallery. Images are available for purchase for up to 6 months without surcharge.
COMPLAINTS: Any complaints should first be raised with The Photographers in writing within 21 days from receipt of the proofs or photographs. If a logical outcome cannot be reached the images will firstly be passed to a 2ndphotographer for inspection and if a further outcome is not reached the images can then be passed to a professional photographic organization who the photographer is a member for feedback and inspection. The photographer (Wes Simpson) is a member of the SWPP – Society of Wedding and Portrait Photographers.
Meals and beverages must be provided to the photographer and assistant. For night reception attendance the meal must be equivalent to a guest’s meal.
The creative license of images taken and content of albums and/or photographs is left to the discretion of (Wes Simpson). Charges apply for excessive changes made to the album design (more than three design amendments). Any special enhanced editing requirements will be subject to the agreed fee.
Detailed shots of individuals and family members are to be outlined and agreed upon in the photography schedule. We cannot take responsibility for missing shots of guests that are not outlined or prioritized in the schedule. Key members are to be pointed out (by an assigned helper, detailed above) and made available on request relating to the photography schedule.
Images for album design to be chosen and agreed with the photographer within four weeks of receiving the proof images with a maximum time limit of 8 weeks. After this time a surcharge of £150 is applied as a holding fee. If images are not chosen after 10 weeks of client receiving proofs an administration fee of £200 is payable.
(Wes Simpson Photography) is not responsible for goods/images/albums not picked up beyond 6 weeks of notification.
A shipping (at the cost to the client) fee will be agreed for non-collection of goods from Wes Simpson Photography. We use DHL, FedEx and Royal Mail.
There are (7) pages to this agreement. Please initial each page to confirm your assent to the terms and conditions thereon.
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