Terms and Conditions from Tim Mitchell Photography
1. 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. By paying any amount to your invoice you are in agreement with the terms and conditions listed here.
2. The Booking Fee of £150 may be made by BACS online money bank transfer (preferred), or by cash, and this secures the time and services of the Photographer(s) for the wedding and is non-refundable or transferable in the event of cancellation by the client,, it being the agreed loss suffered by the Photographer due to cancellation. Cancellation by the client less than 12 weeks before the wedding will result in the payment in full been made to the photographer. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the Photographer can reschedule for the new date and time.
3. Payments Following payment of the Booking Fee, the balance is due no later than 30 days before the wedding date. No Photography will take place on the day or Photographs, Albums, USB Memory Stick or Additions will be delivered until all payments due have been paid in full. Payment for Reprints, Digital Story Books, Acrylic Panels, Canvas Prints, or other Additions is to be made in full at the time of ordering. Payment for additional Attendance Hours (part or whole at £60 per hour) where agreed, but which may not be known accurately at the time of Contract signing
4.All prices are as at the time of signing the Contract, but in the event that changes arise that are outside the Photographer(s) control, for instance but not exclusively, the costs of Prints, Additions, Travel and Subsistence, then we will inform the Client of such within 21 days.
5. The Principal Photographer will be Tim Mitchell, and a 2nd Photographer if required will be of his choice and will be provided at an agreed price with you the client. They will be the ONLY stills Photographers allowed to attend for financial gain. (Videographers attendance by agreement.)
6.All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. The number and style of photographs delivered to the client by the Photographer shall be deemed correct.
7.Creative Licence the Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of the clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.
8.The Photographer may display any photographs included in this contract in his studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slideshows, Social media sites, unless expressly denied in writing by the Client.
9. Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
10. All Reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
11. 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. 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 permission of The Photographer(s) in writing. Negatives/Digital files remain the property of The Photographer(s).
12. Licensed Images. Images supplied by us on a USB Memory Stick as High Resolution jpeg format digital files will be suitable for printing, they are licensed to you for sharing or displaying electronically with Family and Friends. Image files must NOT be copied, altered or sold in any way whatsoever.
13. Third Party Printing Tim Mitchell Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB Memory Stick that we supply by Third Party Printers such as High Street photo processing shops.
14. Attendance In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another Photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.
15. Travel and Subsistence For attendance at venues at a distance over 50 miles radius, travel costs at the rate of £0.45 per mile will be charged where appropriate. Where the wedding and ceremony require an overnight or longer stay, whether in the UK or abroad, then modest hotel and subsistence charges will be made.
16. Limitation of Liability 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 indirect or consequential loss.
17. Force Majeure (Act of God) The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
18. Cancellation. The Client may cancel this contract at any time by giving written notice to The Photographer(s), but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full.
19. Complaints Any complaints should first be raised by the Client with the Photographer in writing within 7 days from the date of receipt of images.
20. Any violence / threatening or aggressive behaviour to the Photographer on the date of the wedding will result in termination of the job, The photographer will freely walk from the location with no restrictions and no refunds of any amount will be paid back.
21. Country of Jurisprudence This Contract is made under, and subject to, English Law. I have read, understood and accept all of this contract.