Terms and Conditions - Everlasting Moments Photography

Terms and Conditions

It is agreed that the following terms set out the total agreement made between the parties Everlasting Moments (“the Supplier”) and the Client and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

BOOKING FEE

The Booking fee of £250 secures the date, time and services of the Supplier for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
Cancellation less than 12 weeks before the wedding will result in payment in full having to be made forthwith to the Supplier by the Client.
All cancellations must be in writing (excluding email and fax). Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Payments: Following payment of the £250 booking fee, the remaining balance of fees due are to be paid 28 days before the date of the wedding.
Payment for additional images/albums is to be made when they are ordered. If there is more than one client, the clients shall be jointly and severally liable for the fee.
All cheques to be made payable to Sam Dorrington.
Bank Transfer (BACS) payments can be accepted by arrangement.

DISPLAY

The Supplier may use any images included in this contract in their studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.

IMAGES

All image sizes are nominal. The Photographer/s will provide a pleasing colour balance 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 record on film or digitally the exact colour as seen by the human eye.
Retouching: Additional retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

REORDERS

All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing. Intellectual Property Rights/Copyright: shall be owned by the Supplier. The supplier gives the client full permission to reproduce all the supplied images however they choose within personal use, as long as it is not for financial gain, in which case written consent from the supplier would have to be agreed before proceeding.

LICENSE

The Supplier shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. The Supplier grants a licence to the Client an on a non exclusive basis to reproduce the supplied images for personal use.

FORCE MAJEURE

The Supplier shall have no liability to the Client under the contract if it is prevented from, or delayed in performing its obligations under the contract or from carrying on its business by acts, events, omissions, accidents beyond its reasonable control, including (without limitation) act of God, war, riot, civil commotion, malicious damage, terrorism, compliance with any law or governmental order, rule, relegation or direction, accident, fire, flood, storm.

ATTENDANCE

In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability.

LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. The Supplier shall be liable for indirect or consequential loss.

CANCELLATION

The Client may cancel this contract at any time by giving written notice to The Supplier (excluding fax and email) but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding date will result in the payment in full having to be made by the Client(s) to the Supplier forthwith.

NEGATIVES / DIGITAL FILES

Negatives / digital files remain the sole property of the Supplier.

ENTIRE AGREEMENT

The contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties.

RIGHTS OF THIRD PARTIES

A person who is not a party to the contact shall not have any rights under or in connection with it.

GOVERNING LAW AND JURISDICTION

The contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.