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IMPORTANT – PLEASE READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS: In the following conditions of the contract, the “supplier” Mark Seymour Photography). The “client” shall be those whose name appears on the contract. If the client arranges for a third party to meet the costs of this contract the contract remains with the client named above. The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client unless such conditions are expressly agreed by the supplier in writing at the time of booking.1. Copyright:
The Copyright Designs and Patents Acts assign the copyright of both the images and/or film to the supplier. It is therefore contrary to the Acts, and illegal, to copy or allow to be copied by any means or any persons other than the supplier or their appointed agents. The client is an appointed agent and as such have an unlimited license to share and use as they wish.2. Display:
The client hereby allows the supplier to display any work covered by this contract and to generally promote the business in advertising, brochures, magazine articles, awards, websites, internet, sample portfolios, venue and other vendor samples, and other such material, providing that the work is used lawfully and without damage to the client. Specific requests to keep images out of the public domain must be agreed before the contract is signed.
3. Style and Editing:
a) The client hereby acknowledges that they are familiar with the portfolio of the supplier and are requesting services with knowledge of their style and; that the work is constantly evolving; that the services are of a unique and artistic nature; that the images may be different from images taken by the supplier in the past; and that in creating the images, the supplier shall use their personal artistic judgment to create images consistent with their personal vision of the event.
b) The supplier will provide a pleasing colour balance and enhance the images as they see fit. The supplier will decide what post-production editing to carry out on each image and this judgement shall be deemed correct. The supplier will deliver a mix of colour and black and white images. There will be no duplication of individual images; each image will be delivered either in colour or black and white based on the artistic judgement.
c) Any additional editing and/or retouching outside of the editing terms detailed in 3b will be subject to an hourly rate of £50 per hour. Retouching includes but is not limited to additional skin softening / smoothing, correction of hair / makeup / clothing, removal of objects from a scene, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements.4. License, Coverage and Reproduction:
a) The supplier shall be granted an artistic license in relation to any poses filmed, soundtracks included and locations used.
b) Footage recorded during the course of the event will be at the discretion of the supplier although every effort shall be made to comply with the wishes of the client.
c) All editorial decisions shall be at the discretion of the supplier although every effort will be made to comply with the requirements of the client.
d) For a booking involving a church ceremony or at certain venues, movements are sometimes restricted by the official in charge. The supplier cannot accept responsibility for any obstructed view should this be the case.
e) The supplier will endeavour to capture all key moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be captured for logistical reasons.
f) Any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of the supplier. In some circumstances (such as the change of wedding date) the supplier may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the supplier is not liable to compensate the client in any way whatsoever.5. Prices:
All standard services and optional extras specified on this booking form must be paid for in full 90 days before the wedding date. Optional extras not paid for in full before the wedding are supplied at the prices ruling at the time of receipt of the order.6. Payments:
a) A non-refundable booking fee of 30%
(paid by BACS) along with a completed booking form will confirm the booking. The booking fee forms part of the total cost of the wedding package (it is NOT in addition to the cost of the wedding package) and is deducted when calculating the final balance due. The booking fee is refundable during your 14 days “cooling off” period. b) At the time the contract takes effect, the Supplier shall reserve the date(s) and not make any other reservations or accept any other clients for that date. For this reason, in the event that the client cancels the contract for any reason, all monies paid shall be retained by the Supplier in order to offset its loss of business.
b) Full payment (the remaining 50%) is due in full no-later-than 90 days before the wedding date.
c) Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client.
7. On the day:
a) The supplier and any second shooters will require both lunch and dinner to be provided.
b) Inconsiderate guest(s) can compromise the quality and breadth of photographic coverage delivered by the supplier. If The Client is unable to control the conduct of their guest(s) or any other suppliers resulting in an unacceptable degree of misconduct (verbal or physical), or if The Suppliers personal safety, health, or the safety of their equipment come under threat, then without warning The Supplier reserves the right to depart immediately. The Client understands that in such an event, no refunds will be granted and any costs incurred from damage to equipment will be the responsibility of The Client.
c) The supplier is the only authorised official photographer for the day. Other professionals are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed a breach of the contract by the client. Guests with cameras are VERY MUCH welcomed.
d) The supplier is contracted to capture all imagery relating to the event and no other person is permitted to shoot imagery for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors. Breach of this condition shall be deemed cancellation of the contract by the client.8. Delivery:
The client will receive all images within 180 days after the date of the wedding.9. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the supplier owing to any cause beyond their reasonable control (e.g War, riots, earthquakes, hurricanes, lightning, any other ‘act of God’, explosions, unexpected legislation, lockouts, slowdowns, strikes).
b) The supplier will contact other photographers and/or videographers in the event that they are not able to attend the booking date due. However, it may prove impossible to find a suitably skilled replacement at short notice or at the same price.
c) In the event of cancellation by the supplier or in the unlikely event of total photographic failure, the supplier will not be responsible for the costs to stage such re-shoots. The supplier’s liability shall be limited to a full refund of any fees paid.10. Liability for Digital Files and Products:
a) The digital files shall remain the property of the supplier.
b) Should digital files be lost, damaged or destroyed by the supplier the liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the supplier. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.11. Cancellation Fees:
In any event of cancellation, date change (reschedule), family tragedy, bereavement or any other unforeseen circumstance not covered by Force Majeure, any payments made are non-refundable and the client will still be liable for the remainder of the full contract amount. The supplier at their own discretion will endeavour to accommodate any date change. If a date change is agreed to, the client may still be subject to additional fees.
If the client should have to cancel a booking, the following structure will take effect:
a) Cancellation within 14 days from the booking date – A full refund will be returned.
b) Cancellation after 14 days from the booking date but greater than 90 days from the wedding date – The booking fee will be retained by the supplier and the full balance will be due to the supplier immediately.
c) Cancellation after 14 days from the booking date but less than 90 days until the wedding date – The full balance will be retained by, or due to, the supplier immediately.
d) Where the supplier is able to rebook the date with an equivalent booking, then the cancellation fee may be reduced to the non-refundable booking fee only and any additional cancellation fees already paid may be refunded accordingly.
12. Governing Law:
Any contract made between the supplier and the client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English courts.