TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES
In the following terms & conditions “the photographer” shall mean Paul Clifton of Paul Clifton Photography. “The client(s)” shall be those persons defined as bride and groom in the wedding booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
If the wedding contract is cancelled or postponed by the client with more than 30 days prior to the wedding, the non-refundable retainer payment will not be returned, it being the agreed loss suffered by the photographer due to cancellation. If the wedding is cancelled within 30 days of the wedding, the full amount will become non-refundable. In the unlikely event the photographer determines that they are unable to complete the coverage due to unforeseen circumstances, a back up photographer will be provided. If no backup can be found, all money (including the deposit) will be returned to the client.
Limit of Liability
In the unlikely event of total photographic failure or cancellation of this contract by either party or in any circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Any legal matters will be held in the photographer’s home state, any legal fees incurred by the photographer as a result of client prosecution will be paid by the client.
Copyright, Reproduction, and Model Release
The copyright of the photographs is retained by the photographer at all times throughout the world. Where a digital version of the photographs has been included for the clients as part of the wedding collection, these photographs will include a print release and may be printed, and or displayed online, for personal use. Commercial use must be expressly approved in written form by the photographer and include citation. This includes online bridal publications.
The photographer retains the right to use the photographs for the purpose of advertising or otherwise promotion their work. Client agrees not to sell any of the files or prints without written permission from the photographer. The client agrees that they are singing a model release to allow the use of the photographs (of themselves) and those pictured at their wedding for the photographer’s business purposes.
This clause applies to social media including, but not limited to Facebook, Instagram, and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter the photographer’s photographs that are placed in public or on the internet. As a photographer, I need photographs to be an accurate representation of my work so that future clients have a good understanding of my brand and style. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of forced cropping on social media), altered in colour, or edited in any way.
Retention of Delivered Files
Once the files are delivered to the client, it is the client’s sole responsibility to protect and retain their images for the future. It is highly recommended that USB’s be duplicated and stored in multiple locations in cool dry areas.
The photographer agrees that replacement digital copies can be requested up to 1 year after date received for no additional fee. An additional USB can be requested up to 1 year for an additional £40 at request. After 1 year from received date photographer has the right to refuse to replace digital or USB copies of images.
Satisfaction and Accuracy
The client agrees that the work delivered will be of a similar style and calibre to those photographs on our website and blog, and that the photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in JPEG format with a mix of colour and black and white images, and deemed appropriate by the photographer. No re-editing will be done after the final edited copies are presented to the client.
The client agrees that the photographer can only capture the wedding that happens: weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the photographs. The photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes.
Interference or Obstruction
No clients, wedding guests, attendants, and employees of the client may impede the photographer when he/she is shooting or performing duties; failure to comply may result in missed moments or fewer delivered images.
Photographer also requests that client requests for all phones, tablets, and cameras be put away during the ceremony as to capture the best quality images possible. This “unplugged” atmosphere allows no hindrance in the ability to capture spur of the moment reactions and provides better quality photographs. No other professional photographers will be hired by the client or located on site photographing the client during the event unless otherwise approved by Paul Clifton Photography.
This responsibility will fall on the client to ensure all are in compliance. The private portraits with bride and groom must remain private, in addition to the photographers of Paul Clifton Photography. No other individual may impede on this moment. Lighting deficiencies at venues may interfere with photographer’s ability, all attempts to provide adequate lighting situations must be made by the client.
Food and Breaks
The photographers will be allowed one 20 minutes break at their own discretion and bathroom breaks when necessary. Each photographer will be provided a full guest meal for weddings lasting longer than 5 hours. If no meal is provided the photographers reserve the right to go off-site for a meal for 45 minutes.
It is highly recommended that the photographers are allowed a meal directly after bridal party to ensure they are finished eating by the time the next activity is scheduled.