Terms & Conditions
In the following Terms and Conditions:
“Business” shall mean Phil Rogers 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 Phil Rogers (OR SUB CONTRACTOR WHERE APPLICABLE)
This agreement contains the entire understanding between Phil Rogers Photography and THE CLIENT. It supersedes all prior and simultaneous agreement between the parties. It is understood that Phil Rogers Photography (OR SUB CONTRACTOR) is the exclusive official photographer retained to perform the photographic services requested on this contract.
“Products” shall mean any memory stick, DVD, 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.
Booking Fee
The Photographer(s) will confirm the Event, Date, Time, and Services upon receipt of cleared funds in respect of the Booking Fee which is 30% of the total and this will be deducted from the final balance. If no Booking Fee is received within seven (7) days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.
The Parties acknowledges and agrees that the booking fee amount set out above is due upon the signing of this Agreement and is not refundable or transferrable so as to fairly compensate the Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Booking fee will be credited towards the total Fees payable by Client and is not an extra charge.
Cancellation
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 12 months prior to the event date or more: Booking Fee only.
Notice received between 3 and 12 months: 50% of the agreed balance will be payable.
Notice received of 3 months or less: 100% of the agreed balance will be payable.
Where no collection has been selected on the original booking form, the agreed balance will be accepted as being £1,000.00 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 and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client.
Travel/Accommodation Charges:
Travel costs are included anywhere within North Wales, outside this area, travel and where appropriate, accommodation charges will apply.
Travel includes but is not limited to: Mileage at 45p per mile, road tolls, rail fares, taxi fares, ferries and flights, including transfers. Accommodation charges will apply in the following circumstances:
If the venue is over 70 miles from the Photographer’s base and it’s impracticable to travel back due to a late finish – this will be charged at £80.00 per night and will usually be no more than one night.
Payments
Phil Rogers 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 is to be paid in advance of that meeting date. All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
The remaining balance is due 4 weeks prior to the Event Date – 12 weeks for destination weddings to allow time to arrange flights etc.
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.
BACS transfer is the preferred method of payment – bank details will be shown on your invoice. Cheques are accepted and should be made payable to J P Rogers; cash is also accepted.
Late payments or returned cheques will attract an administration charge of £10.00.
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.
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 images taken and /or given to the customer shall be deemed correct and not subject to dispute.
The number of group shots shall be limited to 10 in total due to time constraints between ceremony and start of wedding breakfast. Please provide a list of “must have” shots including group shots prior to the event.
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.
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.
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.
Use and Display of Images
The Clients hereby allow the Photographer(s) 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). By signing this contract, you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer(s) agree not to re-sell any image to a third party other than with prior written consent except to guests at the event. As copyright holder, I will retain your images indefinitely this is to enable me to produce an album, print or enlargement later should you require. It’s the client’s responsibility to make backups of their own images.
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 made, the Photographer(s) cannot guarantee exact colour matching and are not held responsible for any colour variations which may occur due to light and location variations. Certain lighting conditions such as Tungsten, Fluorescent lights etc., do alter the look of certain colours/materials. Images on the supplied memory stick will be re sized to 8x6in (i.e., in a 4:3 ratio.)
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. The photographer(s) uses correctly calibrated monitors to ensure correct colour rendition.
Only quality branded Memory sticks are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Supply of images.
The usual turnaround period for getting your images to you in your private online gallery/USB is 3-4 weeks after the event. This is to allow for processing/editing time to ensure you receive high quality images. If you order an album, please allow a further 6-7 weeks from order to delivery. Only the final and edited High Quality Jpeg files will be supplied, RAW files will not be supplied under any circumstances. It is the client’s responsibility to back up images from the memory stick and the photographer(s) will not be held liable in the event of loss and/or damage to images on the memory stick once the client has taken ownership – USB’s will be signed for.
Printing/Uploading
Please note that high quality digital images will be supplied. When printing images from the USB, a Professional Lab such as Cambrian Photography in Colwyn Bay MUST be used, i.e., not Supermarket, home printer or High Street labs as the resultant prints from such labs/printers may compromise the quality and integrity of the images and could damage the reputation of the Photographer(s). Images sold as part of this contract or to any guests must not be uploaded to Social Networking sites such as Facebook etc. This will be classed as a breach of copyright and a breach of contract. A separate file with lo res images will be supplied at no extra cost for such use but they will be watermarked to protect the integrity of the images and prevent unauthorised downloading of the images. These will be included in a separate folder on your USB.
Re-Orders
All re-orders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing
Products
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).
Ownership
Any digital files shall remain the sole property of the Photographer(s) at all times. The client must not make any alterations to the images supplied and there must be no unauthorised transmission, distribution, or broadcast of images beyond the scope of the original license, i.e., printing etc., is for personal use only.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received. Albums not included in the chosen Wedding Collection must be paid for in full at the time of ordering.
Copyright
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). Any images edited by a third party or passed off as someone other than the Photographer’s work is a breach of Copyright laws. You will be granted unlimited licence for personal use only.
Images in client’s galleries will be re sized for “web” purposes and will be watermarked to protect unauthorised downloads/screenshots. Any resulting prints/enlargements will be watermark free.
Unauthorised downloads/screenshots etc., will be treated as a breach of copyright and a breach of contract and legal action may be taken in the event of any such breach.
Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Phil Rogers Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to their best ability.
Insurance & Limitation of Liability
The Photographer(s) will always maintain Public Liability and Professional Indemnity insurance. 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. It is recommended that the client(s) take out their own Wedding Insurance. Neither party shall be liable for any indirect or consequential loss. Any second photographer used will also be covered by Public Liability and Professional Indemnity insurance, either their own or by Phil Rogers Photography’s Employer Liability Policy
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, epidemics, pandemics, 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.
17. Conduct & Safety
Phil Rogers and/or any photographer working with or on behalf of Phil Rogers Photography will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Where there are guest photographers, who may be working towards a portfolio etc., then the client understands that such a guest must not get in the way of the Official Photographers and must set up their own shots but only after the Official Photographers have finished their work. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer(s), it will result in the early or immediate departure of the photographer(s). The Client understands that in such an event, no refunds will be granted.
18.Complaints
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. The Photographer will do his best to resolve any issues but in the unlikely event that he can’t then the matter will be referred as a Public Liability or Professional Indemnity issue to the Photographer’s Insurance Company’s legal department. Any decision from them will be final and both parties agree to be bound by their decision. The maximum time for complaints to be raised is 3 months after the event. Any complaints outside this period will not be considered.
Notices
Any Notice relating to this contract should be in writing and sent by a signed for service to the address stated in the Contract. E mail/Text notifications will not be accepted
Data Protection
Phil Rogers Photography operates a Privacy Policy under the General Data Protection Regulations further referred to as the GDPR, you have been provided with a copy, please tick the box to confirm you have received and read it and sign below.
I have read and understand Phil Rogers Photography’s Privacy Policy under the GDPR and agree to the terms.
Signature and date………………………………………………………..
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.
E&OE