3. Copyright:
The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). “The Photographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “license to print.”
The client is not authorised to copy and / or pass any photographs or derived products to any third party person and / or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer). This includes other vendors booked by the client for his or her wedding.
4. Display:
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s). Unless otherwise specified in section 24.
5 Licenses, Coverage and Reproduction:
a) The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.
The Photographer will not be held liable for photographs that do not, for what ever reason, meet The Photographers quality criteria and are not shown to the client.
b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.
It will be at the Photographers discretion if any slideshow (either via laptop or projector) are displayed and will depend on a risk assessment (health & safety and theft of equipment) being carried out.
c) The photographer(s) shall endeavor to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.
d) For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.
e) For a wedding or other event booking the photographer(s) shall endeavor 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 not recorded for logistical reasons.
f) Where the client provides a list of photographs to be taken it is incumbent upon the client to ensure the list is in an order that is logical and manageable. The photographer will follow the list “as is” without deviation. Clients are advised to think carefully about any photograph list. (Please see your welcome pack for a suggested list.)
g) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
h) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
i) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colours may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
j) Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.
k) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).
Print sizes are at a ratio of 2:3. Other ratios for photographic print sizes may require re-sizing by the client at the time of ordering.
l) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
m) Where images are made available for use with a personal computer the default operating system shall be latest Apple Mac OS X and Microsoft Windows operating systems. Products may not function on other or earlier operating systems.
n) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.
6. Prices:
a) All standard photographic services and optional extras specified in this contract and paid for in full before the wedding are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-UK addresses.
c) Travel expenses (other then specified in the contract summary) need to be covered at full cost before the journey takes place.
7. Payments:
a) A booking fee for the amount specified in your contract summary (paid by cash, cheque, credit / debit card or online bank transfer) along with a completed contract will confirm your booking. The booking fee forms part of the total cost of your Package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The booking fee secures the photographer’s services for the day and is non refundable in any event.
The photographer will decline any other enquiries for the date upon receiving this fee. The booking fee is payable within 5 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking.
b) The photographer will send out final invoices by email 6 weeks prior to your wedding date.
c) It is the clients responsibility to ensure payment for any outstanding balance is paid in full NO LATER THAN 30 DAYS prior to the contracted date.
You MUST allow sufficient time for cheque clearance.
Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s)
d) Failure to pay thirty (30) days before the date of your wedding will be deemed a breech of contract and result in The Photographer not attending your wedding.
e) All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high-resolution long-term galleries, and any other services ordered after the event.
f) Title to all goods remains with Jonathan Dyer until paid for in full by the client(s).
g) All the cheques should be made payable to J Dyer Photography.
h) You have 14 days from the date of your booking fee being paid (booking fee is £200) to cancel and have your booking fee returned. Your wedding date will then be offered to other clients.
8. Complaints:
Any complaints must be received in writing within seven (7) days of receipt of products purchased (including digital products). This includes photographs, discs, albums, frames and any other services that have been agreed.
9. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding etc).
b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 9a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
10. Liability for Digital Files and Products:
a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 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 refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
c) All orders should be placed with the photographer(s) before the end of a 6-month period starting at the wedding date unless otherwise agreed in writing. The photographer(s) will not be liable for failure to produce any orders placed after this time.
d) Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 6 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer(s) and forwarded by standard Royal Mail to the last known address of the clients.
e) It is your responsibility to inform the Photographer of changes to address.
Additional reproduction and postage charges will apply if you do not inform the Photographer of your change of address.
11. Liability for Clients Personal Effects / Belongings / Duty of Care
a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s for any reason. Any items left with The Photographer/s are left entirely at your own risk. The Photographer does not accept any consequential loss for items left with the Photographer.
b) The Client accept that NO duty of care exists with regards to any items left on a temporary basis with the photographer/s unless a full written inventory is provided, with costs and full descriptions of items, and is agreed between the Photographer/s and the clients in writing before hand.
b) The photographer/s may suggest suitable and reasonable particular set ups for photographs to the clients and it is assumed the client accepts liability (including with respect to the client’s own Health & Safety) for those photographs should the client agree to the photographers request.
c) The client accepts liability for the photographer/s health and safety whilst the photographer/s are working in client homes. (This includes but is not limited to the homes of family members). Where the photographer/s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the photographer/s will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the photographer/s reserve the right to leave immediately without further notice.
d) The client will advise any other venues that they are responsible for the photographer/s health & safety and the photographer/s will take all reasonable and sensible precautions whilst on the premises of other suppliers / venues etc.
12. Cancellation Fees, date and package changes:
a) If The Client(s) should have to cancel a booking, the booking fee and any other fees already paid cannot be refunded and the following cancelation charges will apply:
Less than 5 Months prior to the wedding date stated in Page 1 – 100% of balance outstanding.
5 - 12 months prior to the wedding date stated in Page 1 – 50% of balance outstanding.
All notice to cancel must be given as soon as possible; a telephone call (including voice mail) is acceptable to inform The Photographer as soon as possible; however this needs to be confirmed in writing (e-mail is not acceptable under these circumstances) and sent registered post to the address listed on the last page.
Mobile Number: 07540 981 897
A working day is defined as Monday – Friday.
b) The Client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
c) The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.
13. Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email 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 main wedding image print order may take up to eight weeks to complete. Allow 28 days for delivery of other orders. Where you choose to design your album through J Dyer Photography you will be notified of the estimated completion date on a case-by-case basis.
c) The photographer(s) must be notified either by telephone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.
d) Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
14. Governing Law:
a) Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with Scottish Law and the parties hereto submit to jurisdiction of the Scottish courts.
b) You agree to the Terms & Conditions of this contract once your booking fee has been paid.
15. Insurance:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.
16. Meals and refreshments:
a) Provision must be made with your venue to provide the photographer(s) with a meal (sandwiches are acceptable) during the wedding breakfast (this is not usually taken with your guests as the photographer has important duties to perform during this period). This applies to full day weddings (Up to 1st dance)
b) Where coverage includes up to mid-evening then a second light meal should be available. Where coverage has been agreed to include a photographer’s assistant then the same conditions apply for this individual.
17. On the day:
a) The photographer is the only authorised photographer for the day. Other professional photographers, content creators etc. are 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 clients.
b) 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 e.g. a videographer 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 clients.
c) An inconsiderate guest can disrupt the photographic record of your special day. Coverage may be cancelled without warning at the discretion of the photographer if the photographer feels threatened or has reason to believe that equipment may be damaged or stolen.
18. Delivery time frames
Online gallery of wedding photographs 30-45 days
Prints 7 - 10 days
Canvas Prints 14 - 21 days
Album draft 14 days from receiving your wedding photograph choices
Wedding album changes: 2 weeks per round of changes
Printed Wedding Albums & Parent Books 8-12 weeks after sign off from yourselves
During summer wedding season please allow 7 days extra for busy periods.
19. Dead Weddings
If an album package has been booked, you have 4 months from the date of your wedding photographs being online to choose your favourite wedding photographs for your wedding album and send those to J Dyer Photography.
After the 4 month period the studio will make it’s choice of wedding photographs from your wedding, design your wedding album, print your wedding album and deliver your wedding album.
20. Replacement Products
Where the client/s wedding package includes copies of all edited images (wedding or pre-wedding) for personal use on either a CD ROM / DVD or USB Memory Stick client/s are advised to make a back up copy.
Reproduction of such images will incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of request.
21. Album Design
Every effort will be made to accommodate specific requests for album design and layout by the client/s however the final artistic decision lies with the photographer.
10 changes can be made to the initial wedding album design at no cost.
Thereafter a charge of £10 per requested change to the wedding album will be accrued by the client/s.
The album will not be sent to print unless any outstanding balance from the changes have been settled and the Album design has been signed off by way of email or letter.
22. Image Manipulation
The Photographer will apply a range of standard image manipulation techniques to the client/s wedding photographs. This includes, but is not limited to skin smoothing, eye brightening, sharpening and Black & White and /or Sepia conversions.
The client/s shall not be charged for the removal of features that are not normally present. This includes but is not limited to items such as stress spots, cold sores and shaving / heat rashes.
Image manipulation for reasons of “digital cosmetic surgery” will be charged a rate of £65 per hour or part thereof. This includes but is not limited to tattoo removal, tan line removal, enhancements or reductions to the natural figure.
Wherever possible the photographer will attempt to avoid distractions in the background; however the nature of weddings and wedding photography makes this hard to achieve this 100%. Where this is not possible a charge may be requested for removal of these distractions.
The photographer reserves the right to refuse requests for any photo manipulation where, in the opinion of the photographer, the requests are excessive.