Terms and Conditions
In the following terms & conditions “The Photographer” shall mean Stuart McLernon trading as M-PRINT Digital Imagery (and any other photographer employed under that business). “The client(s)” shall be those persons defined as bride and groom in the wedding booking. “Location” means your wedding and/or reception venue. If “The client(s)” arrange for a third party to meet the costs of this contract the contract remains with “The client(s)“. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Purpose
This contract for wedding photography services is hereby effective and binding from the date it is signed by one of the parties and is subject to the Terms and Conditions listed below. It contains the entire understanding between “The Photographer” and “Clients” and supersedes all prior and simultaneous agreements between the parties. The only way to add to, or change, this agreement is to do so in writing, agreed and signed by all parties. This contract shall be governed by the laws of England and Wales.
Reservation and Booking Fee
Upon booking, “The Photographer” will reserve the time and date agreed upon and will not make another reservation for that time or date. “The clients” are jointly and severally liable under this contract. For this reason, the Booking Fee of £200.00 is non-refundable, even if the date is changed or the wedding cancelled for any reason, including Acts of God, fire, strike and extreme weather. The Booking Fee is to be paid at the time of booking and is applied towards the contracted Wedding Package. “The clients” understand and agree that the entire amount owed for the Wedding Package described in the contract is due no later than 7 days before the wedding date or on the agreed Balance Due Date (if specified). “The clients” agree that if the balance is not paid by this time, “The Photographer” will not photograph the Wedding Day described in the contract, with a loss of the Booking Fee to “The clients” and no liability to “The Photographer“.
Pricing
All prices quoted are inclusive of VAT at the current UK rate. VAT Registration No: GB733 2098 46. Prices include travel within 60 minutes of Stockport, Cheshire. Distances beyond this may incur additional costs, to be confirmed prior to your booking. Other fees may be charged for unforeseen out-of-pocket expenses such as metered car parking.
Postponement and Cancellation
In the event that the client cancels the contracted services for wedding photography before the wedding ceremony takes place, “The client(s)” will forfeit any monies paid. The said sum shall be payable as compensation as an estimate of the loss “The Photographer(s)” would suffer. In the event that “The client” postpones a wedding, “The Photographer” reserves the right to charge a re-arrangement fee of £150.00 on top of the agreed package price. In the event that “The Photographer” is unavailable for the rescheduled date, any payments made to “The Photographer“, minus the booking fee will be refunded to “The client“.
In the highly unlikely event of cancellation by both photographers, or unavoidable total photographic failure, “The Photographer’s“’ liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but “The Photographers” will not be liable for any further costs. “The photographers” will make every effort to appoint a skilled replacement photographer able and/or willing to provide a similar package at the same/similar tariff. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Exclusivity
M-PRINT Digital Imagery and appointed representatives shall be the sole professional (still) photographer(s) throughout the wedding day.
Coverage
“The client” understands and accepts that the 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. “The photographer(s)” shall be granted artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with “The clients’” requirements, “The Photographers’” judgment regarding the location, poses and number of photographs taken shall be deemed correct. Any alterations made to the booking by “The clients” once details have been confirmed may only be made at the discretion of “The Photographers“. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) “The Photographers” are not liable to compensate “The client(s)” in any way whatsoever.
For bookings involving a church ceremony or at certain other venues, photographers’ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. “The Photographer(s)” cannot accept responsibility for limited coverage in such cases. Whilst “The photographer(s)” shall endeavour to fulfil all “The clients’” requirements, they cannot be held responsible for non-availability of subjects or adverse weather conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. In summary, “The Photographer” cannot be held responsible for any lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, or willingness to be photographed, nor by any restrictions placed on “The photographer(s)” by other wedding suppliers, officials of the church, register office or licensed marriage venue.
Guest Behaviour and Right of Withdrawal
“The clients” are responsible for the conduct of their guests. “The Photographer(s)” will not tolerate verbally or physically abusive behaviour, nor will “The Photographer” share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography will seriously affect the quality of the photographs taken and increase the number of photographs that must be recreated. If “The clients” are unable to control the conduct of their guests or if the conduct of any of their guests results in damage to any of the equipment of “The Photographer(s)“, it will result in early or immediate departure of “The Photographer(s)“. “The clients” understand that in such an event, no refund will be given and “The clients” will be fully liable for all damage caused to equipment, including the cost of repair or, where repair is not reasonably possible, replacement.
Images
All image sizes are nominal. “The Photographer(s)” will endeavour to provide a pleasing colour balance to images but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to photographically record the exact colour as seen by the human eye.
Retouching
“The Photographer” will perform a standard amount of retouching in terms of tone, colour balance, exposure or cropping to achieve a consistent quality of images throughout.
Copyright
The photographs, digital negatives or printed media produced by “The Photographer(s)” are protected by Copyright Law (all rights reserved) as defined by The Copyright Designs and Patents Act 1988 and may not be reproduced or altered in any manner without “The Photographer’s” explicit written permission. “The clients” may receive a copy of the digital photographs on disc/USB, if it has been agreed upon as part of the Wedding Package. If so, the image files supplied are licensed for personal use only to “The clients” under the following conditions:
• The JPEG images are the property of “The clients” for personal use and for the purposes of the reproduction and distribution of photographs to friends/relatives or social media.
• “The clients” must obtain written permission from, and compensate, the Photographer prior to any event where “The clients“, their friends or relatives publish or sell the photographs for profit.
All images provided to “The clients” may be printed or displayed online for personal use only. Selling, publication and commercial use is strictly prohibited and all enquiries must be forwarded to “the Photographer”. When displaying images online, please credit “Stuart McLernon | M-PRINT Digital Imagery” where possible. When sharing on Facebook, please ‘tag’ M-PRINT Digital Imagery and on Instagram ‘tag’ @stuartmclernon_photographer where possible. The Photographer reserves the right to use images for advertising, display, publication and other purposes. All images remain the exclusive property of Stuart McLernon | M-PRINT Digital Imagery.
Delivery of Images
“The clients” agree that no part of the event package, including previews (if any) will be delivered until the Outstanding Balance is paid in full. Digital processing takes approximately two to four (2-4) weeks and prints/reproductions/enlargements three to six (3-6) weeks, and possibly longer when print-processing and bindery schedules are heavy. A digital proof album will be given to “The clients” no later than twenty-eight (28) days after the event, in the form of an Online Photo Gallery, or other medium, assuming the Outstanding Balance and any Additions have been paid.
Albums and Printing
Albums, prints, canvas prints, reprints (or additional prints) of photographs and other products may be ordered by the “Clients” and/or guests, through “The Photographer“, or Online Photo Gallery at listed prices. Where an album has been purchased at the point of booking, images must be chosen and relayed to “The Photographer” by “The clients” no later than 6 months from the date of the Wedding.
Album design can take up to 8 weeks during busy times and delivery times rely solely on the suppliers so cannot be guaranteed. Albums are only sent for print when “The clients” are 100% happy with the design. This is usually achieved within 1 round of changes of the initial proof and any further changes may incur a fee to cover design time. Album size and number of pages may vary so a quotation should be obtained from “The Photographer” to confirm.
Non-Guarantee
Although every possible care will be taken to produce photographs of all important and special moments during the Wedding Day, “The Photographer” cannot place an unconditional guarantee on the above. “The Photographer” will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of “The Photographer’s” control.
Limitation of Liability
It is understood that “The Photographer” takes the utmost care with respect to exposure; transportation and processing the photographs including using professional grade equipment and professional grade back up equipment. However, in the unlikely event those photographs have been lost, stolen or destroyed for reasons within or beyond “The Photographer’s” control, “The Photographer’s” liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price previously agreed with the Clients.
The limit of liability for a partial loss of originals shall be a pro-rated amount of the exposures lost based on the percentage of the total number of originals. Where there is a technical failure of equipment, whether camera equipment or media such as memory cards, hard drives, USB media or any other storage device in use at the time of the photography session, “The Photographer” shall not be held liable for such failure that is out of their control. Reasonable care shall be taken at all times to ensure equipment is maintained, cleaned and in full working order prior to any wedding event taking place. Any failure thereafter shall not present any liability on “The Photographer(s)” for loss of images. “The Photographer” carries back up equipment, which shall consist of one additional camera body and one lens with ancillary equipment such as batteries.