TERMS AND CONDITIONS
TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Christian Furse trading as Christian Michael Photography. “The clients” shall be those persons defined as partners on the form which shall be emailed upon request. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer. 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. Upon receiving your wedding photographs, you also receive Usage Rights to accompany them. Specifically, you receive a Personal licence to use your images for Personal Use – for example printing for personal display, using them on your social media, giving copies to friends and family for their personal use and display, and creating your own personal products (prints, calendars, photo books, albums). 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.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
ii. Should the client(s) not wish, we would require this in writing before their wedding day.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather an the availability and willingness of subjects.
iii. 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 is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee of £400, as well as full acceptance of the terms and conditions as published on the photographer’s website secures the time and services of the Photographer 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. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be one calendar month before the wedding day. Weddings that are postponed to a later date will retain the final fee as long as the photographer can re-schedule for the new date and time.
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. 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.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital wedding packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
iii. The photographer will arrive and finish at the agreed hours, should the client/s wish the photographer to stay on additional hours, this will be charged at a standard rate of £250 per hour.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. The Client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full becoming due. All cancellations must be in writing.
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.