Payment

Full payment is due on agreement of the date for photography to take place. Payment can be made by BACS online money bank transfer and secures the time and services of the Photographer(s).

Cancellation

The client may cancel this contract at any time by giving written notice to the photographer. Cancellation over 1 month will result in 50% of the monies paid being refunded. Cancellation less than 1 months before the agreed date will not be refunded.

Postponement

If the photography is to take place outside and the weather conditions on the agreed date are poor if possible we will rebook for another mutually agreed date at no additional cost to the client.

If the date agreed is postponed for any other reason, we may at our sole discretion (which we will exercise reasonably having regard to our ability to obtain alternative work on the first agreed date and availability on the second date) agree not to treat the contract as being cancelled but to provide the services on the postponed date and apply all monies paid by you towards the fees for that day.

The Photographer(s)

The Principal Photographer will be Samantha Newson. If she requires a 2nd Photographer that will be provided at no extra cost to the client. You may not employ (either paid for or free) another photographer.

Safety

The Photographer reserves to right to terminate coverage and leave the location of the events if the Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the events; or in the event that the safety of the Photographer is in question.

Clients will be responsible for any damage that is proven to be their fault.

Images

We will discuss with you your general requirements and wishes in relation to the taking of the photographs. You should be aware that it may not be possible for these to be followed due to factors such as weather conditions, lighting conditions, the subjects being photographed and time constraints. You, therefore, grant us full and unfettered artistic licence in relation to the content of the photographs, their arrangement, composition, location and the number of photographs taken.

Although we will do our best to produce more images than discussed with the client, there is no guarantee that any particular number of images will be produced. All images presented to the client are FINAL SELECTION, any other images will not have passed our quality control and therefore will not be processed or released to the client.

We 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 fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. Please also note that we are using professionally colour calibrated monitors and equipment, if you are not then the colours you see may not be the same. 

We will (as a minimum) perform a standard amount of retouching to take the photographs to a quality which we considers to be appropriate. Any additional re-touching, digital manipulation and artist finishing required by the client will be charged at an hourly rate of £75 per hour.

Images will be supplied via digital means as hi res jpegs, either downloadable files from an online password protected file and/or on a USB stick. It should be noted that you are strongly advised to immediately copy/backup your photographs to a suitable computer/storage device.  Also, please note that we are under no obligation to keep copies of your images longer than 6 months, this includes the online gallery too.

Upon receiving your images you have 8 weeks to select the images for book/album (if applicable). After this date has passed we reserve the right to not supply a book/album. We may at our discretion select the images for you. We may at our discretion show you a proof before printing, if you require any changes to our selection there will be a charge dependent on the number of changes and the amount of time spent making these..

Creative License

The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement. You acknowledge that you have reviewed the Photographer’s portfolio and are requesting services with knowledge of the Photographer’s style.

Copyright

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of The Photographer(s) in writing. Negatives/Digital files remain the property of The Photographer(s).

Usage Rights

Upon receiving your photographs, you also receive usage rights to accompany them. Specifically, you receive a personal licence to use your images for personal use. There is no time or geographic limit on this personal licence. Your licence precludes commercial use. Examples of commercial usage include but are not limited to; uploading to a stock image library, syndicating (re-selling), publishing in print and online media or promoting a commercial enterprise. The copyright in all images and copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer file or printed documentation relating to such images remains our property, but you have a licence to use them for personal, non-commercial use. If, at any stage, you are unsure as to whether a use you are putting your images to is considered commercial, you agree to contact us to check your rights.

Display & Usage

We may display any photograph taken by us to generally promote the business in advertising, Instagram, Facebook, twitter, youtube, tumblr, 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). This list is not exhaustive. If you do not wish your images to be used then you need to inform us in writing 30 days before the event date. We may still use images that do not include faces and/or other personal details such as venue, flowers, detail shots etc.

Attendance & Limitation of Liability

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

In the unlikely event that we are unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond our control, then we will make every effort to secure a replacement. 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 contracted event.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond our control, including but not limited to camera, hard drive, or equipment malfunction, our liability is limited to the return of all payments received for the contracted event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.  We are not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. Neither party shall be liable for indirect or consequential loss.

Complaints

Any complaints should be raised by the client with us, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.