UPDATED 17TH NOVEMBER 2020
In the following Terms and Conditions:
“Business” shall mean “Dave Hudson 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 “Dave Hudson Photography”
“Products” shall mean any discs, 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;
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.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
1, Booking Fee
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client. No booking is confirmed until the booking fee is paid. The booking fee is 10% of package price or £100, whichever is greater.
Dave Hudson Photography will be in contact with you approximately 2-3 weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary. Any remaining balance would normally be expected to be paid at that meeting date, unless agreed otherwise. All payments must be received in cleared funds prior to the Event. Any additional products ordered must be paid for in advance . No payments are able to be taken on the day of the event for security reasons .
Failure to make payment by the dates stipulated may result in cancellation.
No photographs or albums will be delivered until all payments have been received in full in cleared funds. 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, License and Coverage
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute. For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister or official in charge : photographing of parts or even all of the ceremony or 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. Any images deemed to be unsuitable or unusable by the Photographer will be deleted at the time of editing. It is also agreed that Dave Hudson Photography shall be the exclusive photographer at the event.
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. This includes the behaviour and cooperation of guests/subjects.
4, Use and Display of Images – please see last page for consent
With your express consent, the Photographer(s) would like to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions,
magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). This includes sharing preview images on social media sites such as Facebook & lnstagram. Images placed in password protected galleries within the website are not available to the general public in the normal course of events.
5, Image and Reproduction
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 mad e, 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. 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.
Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players including those within computers. Only quality branded media is used and each is checked prior to delivery. However , it remains the responsibility of the Clients to check for in-transit dam age. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
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).
Any negatives and/or digital files 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 . No RAW unedited images will be supplied under any circumstances .
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). No post-editing is permitted in any way to files supplied by Dave Hudson Photography without written consent .
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Dave Hudson 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 . If this is not possible, liability shall be limited to a refund of the total value of funds paid by Client(s).
11, Insurance & Limitation of Liability
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 .
Neither party shall be liable for any indirect or consequential loss.
We will endeavour to hold your images on file for a period of 2 years after which they may be deleted . Please look after your copy as a charge will be made for replacement. In the unlikely event of a failure of back up equipment, no liability will be accepted for losses that may be incurred as a result .
12, Force Majeure
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, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources .
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 .
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint . In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Where the Photographer(s) has to cancel the Event , due to circumstances beyond his/her 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).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums:
- Notice received 30 days prior to the wedding date or more: Booking Fee only.
- Notice received of 30 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being £750 and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. However, provided that the new date can be accommodated, the full amount of any fees already paid will be carried over to the new contract.
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
16, Governing Law and Jurisdiction
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 .
17, For Photobooth Bookings Only
All printed media is 6″x4″ in size and can be personalised with a logo or text. This must be provided well in advance to ensure that it can be included on the prints.
All photobooth bookings rely on the interaction of guests. The photographer will endeavour to ensure the guests are fully aware of how to use and participate in the photobooth service. If a package with unlimited prints has been chosen, this is subject to fair usage to ensure the enjoyment of all guests .
Props will be provided, however if a client wishes to supply their own, this will be accommodated.
In the unlikely occurrence that there is a failure in the automated equipment used in providing the photobooth service , photographs will be taken manually. However, this will be restricted to single shot without any logos or text.
There is a requirement for a minimum area to be provided with 3.5m x 3.5m of useable space. A powerpoint will also be required within a reasonable distance from the area. If this is not available upon arrival, and no alternative area can be fo und , the client agrees that this will class as a cancellation of service and the full amount due will become payable. An area for the props to be displayed will also be required, usually next to the booth area.
All photographs will be uploaded into a viewing gallery on www.facebook.com/dhphotography2014 unless otherwise agreed. This is for guests to share and tag for the full social experience. If you would prefer for this not to take place, please ensure you state this when returning this form.
For safety reasons, no food or drink is permitted within the area being used by Dave Hudson Photography for the purposes of the photobooth. Signs will be posted in the area to let guests know . No liability will be accepted for any injury or losses etc as a result of this not being adhered to by anyone present at the event. The photographer reserves the right to refuse to continue with the service should this important rule be ignored. This will be treated as cancellation and there will be no entitlement to a refund of any kind.
Neither party shall be liable for any indirect or consequential loss.
18, Delivery of Images & Products
My expectation is to deliver images within 4-6 weeks of your event. This may rise to around 8 weeks during peak times. Lead time of products ordered will be confirmed at the time the order is placed as this varies.