In the following terms and conditions “the Photographer” shall mean This & That Photography and its employees. “The Client(s)” shall be those persons defined as on the booking document, regardless of who is financially responsible for the agreement. The “event day/date” shall mean the booked day on which the photography services will take place. It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both This & That Photography and the client in writing. Payment of any booking fee or session fee by the Client(s) is taken as a sign of agreement and acceptance of all terms and conditions as set out by This & That Photography.
The 1988 Copyright Act assigns the copyright of the photographs to the Photographer. It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine for commercial purposes other than by the Photographer or their appointed agents. The Client(s) retain a personal copyright license to exhibit, print and copy photos for personal use.
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.
3. License, coverage and reproduction:
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 client(s)’ requirements.
The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgement regarding these matters shall be deemed correct. The Photographer kindly asks the Client(s) to not edit the images when sharing on social media as this may in turn create a false impression of the Photographer’s style. The Photographer shall endeavour to photograph all individuals as requested by the Client(s) at some point, but no responsibility will be taken by the Photographer on the occasion of leaving somebody out. 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 event may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. 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.
4. Inspection of the Photographer’s Work and Portfolio:
The Client(s) should ensure that they have thoroughly inspected the Photographer’s portfolio and any sample images supplied by the Photographer in order that they may assess the Photographer’s style, consistency, quality and working methods. The Client(s) agrees that having performed such due diligence, and that they are happy that the photographer’s body of work suits their individual requirements.
5. Prices, costs and coverage packages:
All standard photography packages and additional goods specified on the booking form are supplied at the prices standing on the date of booking. Goods not specified on the booking form are supplied at the prices standing at the time of receipt of the order.
6. Wedding day coverage time:
Total coverage time is as stated on the booking document. Coverage is continuous from the agreed start time and runs thereafter until the agreed finish time. Working longer than the stated time is at the Photographer’s own discretion. Should The Client(s) want to increase coverage, additional hours coverage can be agreed upon and invoice separately
For portrait, family sessions and event coverage payment of the full session fee will confirm your booking, as well as full acceptance of these terms and conditions. For wedding bookings a non-refundable booking fee will confirm your booking, as well as full acceptance of these terms and conditions. the booking fee will be deducted from the cost of the Client(s’) chosen package when calculating the final balance due. The Client(s’) date will only be reserved on the receipt of the booking fee/ session fee. The booking fee is only transferable if the Photographer is available on the requested alternative event date. Payment in full of the remaining balance for wedding bookings will be due on the first day of the month, one month before you wedding day. Failure to make the full payment on time will be deemed that the Client(s) do not require the Photographer to attend the wedding and have cancelled with the full amount remaining due. Additional goods ordered must be paid for in full at the time of ordering that particular item. Titles to all goods remains with the photographer until paid for in full by the Client(s)
8. Force majeure:
The Photographer will endeavour to put the Client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the Photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
All digital negatives (computer files) remain the property of the Photographer. The Client(s) will receive the best images from the shoot, selected by the Photographer and edited to a professional standard. The Client(s) will not receive every photograph taken on the event day, and the Client(s) will not receive RAW files. The Photographer will endeavour to supply the maximum number of ‘successful’ images as possible. The final production, editing styles, effects, crops, and overall look of the images are left to the discretion of the Photographer.
The photographer aims to have The Client(s) images available to view online within 8-12 weeks. During peak periods this may take longer. If the delivery date looks to exceed the above mentioned timescale, This & That Photography will communicate a new deadline in writing with The Client(s). The amount of images received vary from wedding to wedding and depend on how many hours coverage is required. The Client(s) can expect to receive a minimum of 400 edited images if covering the whole day.
11. Cancellation fees:
If the client(s) should have to cancel a booking the following cancellation fees will become due immediately: Cancellation with more than (or equal to) 90 (ninety) days until the event date, the booking fee. Cancellation with fewer than 90 (ninety) days to go until the event date, full price for the complete photographic coverage booked. Where no package has been specified on the booking quotation, it will be deemed that the client(s) have chosen the ‘standard’ package at the advertised cost. Notification of the cancellation must be sent in writing to the Photographer, sent via registered post. The client(s) are hereby strongly advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
12. Pre-Wedding / Engagement Shoot:
Pre-wedding / engagement shoot applicable to wedding bookings, takes place within a thirty mile radius of Hampshire, unless otherwise agreed with the Photographer and confirmed in writing. The pre-wedding / engagement shoot must be booked and take place on week days (Monday to Friday inclusive), unless otherwise agreed with the Client(s) and confirmed in writing.
13. Weather, delays and restrictions:
Weather permitting, the photographs will be taken as agreed. In the event of inclement weather the Photographer, in cooperation with the Client(s) will make necessary changes to the schedule. The Photographer will do her best to produce coverage of the event within the time allocated. For wedding bookings the Photographer cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, nor by restrictions placed on the Photographer by officials of the church, register office, celebrants, or other staff at marriage venues.The Photographer does not guarantee any specific picture, nor to include any specific background, location, prop, or arrangement although every effort will be made to interpret the Client(s’) wishes. It is the sole responsibility of the Client(s) to ensure that time is set aside during the event day if they wish for particular shots, and the Photographer cannot be held responsible for delays, deferrals by the Client(s), omissions,
or failing natural light. The Photographer cannot be held responsible for the lack of coverage caused when working alongside videographers or other suppliers.
The Photographer only works alongside additional stills photographers when organised and booked through This & That Photography. This & That Photography, or a second photographer booked through This & That Photography, will be the sole professional stills photographer/s at the event. The Client(s) acknowledges that the presence of other photographers (including guests taking pictures or video with cameras or smartphones) will adversely impact the ability of the Photographer to work at optimal performance and coverage, and as a result the supplied work may fail to meet the standards represented by This & That Photography’s portfolio and samples.
14. Personal accident:
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.
15. Public liability:
The Photographer cannot be held responsible for any accidental injury or damage caused to persons or property during a shoot.
This & That Photography will store The Client(s) names, addresses and session details on a private internal database. These details will not be made available to companies or individuals outside of those working directly for This & That Photography.
In the unlikely event of any complaint with regard to the Photographer’s service, all complaints must be received in writing within 7 (seven) days of receiving the products purchased. This includes photographs, albums, and photo products.