1. Interpretation
1.1 In the following Terms and Conditions:
“Business” shall mean Everybody Smile Photography;
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Darren Powell and covers photography;
“Products” shall mean any USBS, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
1.2 It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
2. Payment Terms
2.1. The acceptance of the booking outlined on the booking form, once completed, is based on agreement by the Client (s) of the terms and conditions stated herein.
2.2. The total cost payable by the Client (s) for Everybody Smile Photography package is guaranteed at the time of booking to the Client (s). The total cost payable by the Client (s) as stated on the booking form. The package details are included on the invoice sent at the time of booking. Any additional package upgrades after the wedding date will be priced according to current prices at the time of the request.
2.3. The Client (s) has secured the booking with a £100 deposit and this is a non-refundable retainer which will secure Everybody Smile Photography services for the date of the wedding and bookings cannot be confirmed until this money has been received. The price of the wedding package is guaranteed at the time of booking.
2.4. The balance outstanding on the wedding price will be paid the latest two months prior to the date of the wedding.
2.5. The photographer and assistant (if applicable) kindly request a cooked meal is provided. In the event that this is not possible, the photographer requires formal notification to make necessary arrangements.
2.6. The Client (s) will be entitled to vary the package provided that the package is to the same value or greater. The variation in package will be dependent on availability.
2.7. Payment for any additional images or products must be made at the time of order. Failure to make payment by the dates stipulated may result in cancellation.
2.8. No photographs or albums will be delivered until all payments have been received in full in cleared funds. Up to three changes can be made to the album design (prior to print) at no extra charge. Any further requests for changes will be charged at the current hourly rate.
2.8. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
3. Insurance & Limitation of Liability
3.1. The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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.
4. Licence and Coverage
4.1. The Photographer(s) shall be granted artistic license in relation to the images photographed and the locations used. The Photographers’ judgement regarding the location, and number of photographs (posed and natural shots) taken shall be deemed correct and not subject to dispute. The Photographer will be true to their style of photography.
4.2. For Events at certain venues, the Photographer(s) movements are sometimes restricted by the official in charge: photographing of parts or even all of the occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
4.3. Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
4.4. Any alterations made to this Contract by the Clients once details have been confirmed may the Photographer(s) is unable to accommodate alternative arrangements (such as change of date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
4.5. All images shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
4.6. It is the responsibility of the client to ensure the co-operative behaviour of subjects at an event. Should the photographer(s) feel unsafe at the contracted event or be subject to abuse and the client cannot control or prevent the situation then the photographer is entitled to advise the client of that situation and leave without forfeit on this contract (e.g. drunk / abusive guests at an event)
4.7. Colour photography is undertaken within the technical limitations of the process and certain colours may not necessarily be facsimile over the whole range of colours within a subject.
4.8. High-resolution images may not be edited or altered without permission of Everybody Smile Photography. Editing or altering images without permission will result in full copyright returning to Everybody Smile Photography.
5. Cancellation
5.1. In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Everybody Smile Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability. Everybody Smile Photography is then not accountable for the resulting images / footage obtained by the third party or events over the course of the event.
5.2. When no suitable substitution can be found and where the Photographer(s) has to cancel the Event, due to circumstances beyond his control, the full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
5.3. Should the Client wish to cancel this contract at any time,the final balance will still be owed. ( unless a new booing can be found for the date,
5.4. Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
6. Image and Reproduction
6.1. All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
6.2. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
6.3. Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers.
6.4. The edited photographs can take up to 12 weeks to deliver after the event. The edited photographs that the Client (s) receives are final. Any acceptance of work thereafter does not need to be accepted by Everybody Smile Photography. Acceptance of additional retouching, digital manipulation and artist finishing is available to the Client(s) as an optional extra.
6.5. All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
6.6. In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
6.7. Everybody Smile Photography cannot store data for longer then 12 weeks after the USB has been dispatched. It is the Client (s)’s responsibility to check the USB thoroughly and highlight any issues in writing prior to this date. Failure to do so will result in Everybody Smile Photography being unable to rectify any issues and Everybody Smile Photography will not be accountable. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
6.8. In the unlikely event that Everybody Smile Photography cannot perform the Service agreed upon; it is understood that, Everybody Smile Photography will only be responsible for the return of all the money paid to date. Everybody Smile Photography will take the utmost care with respect to delivery, editing and delivery of final video footage and digital photographs. In the event that circumstances arise that are beyond the control of Everybody Smile Photography liability is limited. Liability is limited to a return of all the money paid to date and nothing in addition.
6.9. When external companies are used to print images produced by Everybody Smile Photography then Everybody Smile Photography will not be accountable for the print quality of the images.
7. Copyright and Consent
7.1. Everybody Smile Photography reserves the right to use any photographs for promotional or any other uses of public display. This includes imagery of the Client (s) and the Client (s)’s guests.
7.2. We (the Client (s)) give permission to Everybody Smile Photography to use any photographs of our wedding and the attending guests as required subsequent usage and for general promotional advertising for Everybody Smile Photography on platforms.
7.3. 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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
7.4. The Client (s) agrees to indemnify Everybody Smile Photography and its’ employees and agents from and against all losses, damages, claims, or liability of any kind whatsoever, including legal expenses, arising from the engagement and production of Everybody Smile Photography Services. Everybody Smile Photography is not responsible for accident, injury, loss or damage caused directly or indirectly in the process of gaining photographs.
7.5. It is the Client (s)’s responsibility to make their guests aware that photographic images are being obtained of them. Everybody Smile Photography reserves the right to use photographs of the Client (s)’s and their guests for promotional purposes or any other uses of public display such as photographic competitions. The Client (s) and/or their guest(s) have the right to withdraw this consent at any point.
10. Force Majeure
10.1. The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
11. Governing law and jurisdiction
11.1. The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
By signing below the Client (s) agrees that they have read, fully understood and accept the terms and conditions of this Contract.