Wedding Photography Terms and Conditions
This contract for wedding photography services is hereby effective and binding from the date it is signed by both parties and subject to the Terms & Conditions. The parties are hereby known as: Mark Raines Photography (hereinafter referred to as “Photographer”) and the below named (hereinafter referred to as “Client(s)”). At no stage or in any circumstance shall the Photographer incur any personal liability. No modifications or variations of this contract shall be effective unless accepted by both the photographer and client in writing. Any other alleged oral terms will have no effect.
A booking fee of 50% of the chosen wedding package is required at the time of booking together with a signed contract. The booking fee secures the time and services of the photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation.
Should your wedding date change, the fee will be retained as long as the photographer can re-schedule for the new date and time. If the photographer is not available to attend the new date, the client will forfeit their deposit.
Dates are reserved only when this retainer is paid by cash, cheque or bank transfer. The booking fee is deducted from the total price of the chosen wedding package as stipulated in the contract below, and cannot be exchanged for any other services or products. No date will be booked and/or secured unless the booking deposit as referred to above, has been paid in full.
The booking fee and balance payment make up the fee and includes all photography services on the wedding day and your package of choice as confirmed on the booking confirmation letter from the photographer, and as stated in the below contract. The remaining balance must be received by the photographer no later than one month prior to the wedding date. Failure to do so may result in the clients wedding date being made available to other couples.
Ordering and payment for additional items not included within the selected wedding package, such as CD’s, photobooks, prints and frames can also be made after the wedding.
The photographer shall be granted complete artistic licence, including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested, nor incorporate any specific locations/backgrounds or group arrangements. Mark Raines Photography can not guarantee the number of edited images that will be provided to the client and reserve all rights to only provide the client with images that meet the standard that Mark Raines Photography are happy with. Requests for any other than those images initially presented will be politely declined.
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the clients’ wishes. Any special requests should be made by the client to the photographer in writing one week prior to the wedding date. The photographer will not be held responsible for lack of coverage or non-fulfilment of contract caused by the bride, groom or wedding party not being on time, or any obstructed views caused by, Church/Register office/licensed wedding location/ official or person possessing the correct legal authority, restrictions on photography. The photographer will not be liable for lack of coverage due to weather disturbance.
The photographer will provide a pleasing colour balance, but cannot guarantee exact colour as it is sometimes impossible to record on film/digital the exact colour as seen by the human eye. The photographer will perform a standard amount of retouching to take the photographs to a quality of which they are proud.
The photographer shall be the sole professional (still) photographer at the specified venue. However, the photographer encourages family, friends, and other guests to take photographs throughout the day, lest they not hinder the abilities of the professional photographer. The photographer will not be held responsible for any over-exposed images caused by flash/lighting equipment from other devices or faulty images resulting from the photographer not being given priority.
Force Majeure & Limitation of Liability
In the unlikely event of total photographic failure, injury or sickness beyond the photographer’s control, their liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. As an additional precaution, the photographer always carries a second camera on the wedding day.
In the unlikely event of the photographer being unable to attend your wedding due to unforeseen circumstances as mentioned above, the photographer reserves the right to appoint another photographer to attend your wedding on their behalf to undertake the wedding photography to his/her best ability, if mutually agreed with the client. However, it may prove difficult to find a skilled replacement photographer, and this does not imply or create an obligation on the contracted photographers’ behalf to appoint/find a replacement photographer for the wedding day.
Should the photographer be photographing for 8 or more hours (including the reception), it would be much appreciated (but not obligatory), to arrange for a meal for the photographer in a separate location to guests.
The 1998 Copyright, Designs, and Patents Act assigns copyright to the photographer. This copyright is retained worldwide and nothing shall be deemed as a release, transfer, assignment or other disposal of the photographer’s rights in the material. The photographer grants the right to the client to reproduce and copy prints for the client(s) personal use only. Reproductions are to render a pleasing print, not damaging to the photographers reputation. Original photographs may not be altered or edited digitally. Images may not be sold. Images submitted to wedding blogs, magazines, publications or competitions must be done so with the photographers written consent and must also credit the photographer.
Original Digital Files
Original digital files remain the property of the photographer. Backups of event photos shall be kept for a maximum of 6 months from wedding date and thereafter be deleted by the photographer. All orders should be placed with the photographer before the end of the above stated period.
If the photographer has to cancel this contract for reasons beyond their control (death, injury, sickness, etc), their liability shall be limited to a full refund of all monies paid. The Client may cancel this contract, at any time by giving written notice to the photographer, but in doing so shall forfeit any monies paid. It is the sole responsibility of the client to inform the photographer of any specific changes or requirements for the event. The following charges (as a percentage of the balance outstanding) will be due and payable in case of cancellation, as compensation for loss of income: 60 days or less – 100%, 61-90 days – 75%, 91-150 days – 50%.
In the event of Mark Raines Photography accepting another wedding booking on your cancelled wedding date, a full unconditional refund of your balance fee will be made. Should the cancelled wedding turn out to be a postponement, then subject to the photographers availability, all monies paid can be applied to the new wedding date. In this case the total fees chargeable shall be the fee which applies at the time.
I the client hereby agree that the photographer may use any images included in this contract for display in their studios, portfolios, literature, exhibitions, publications, competitions, websites and advertising, providing images are not unlawfully used.
Cost of travel is included within the county of Norfolk. Travel outside of Norfolk shall be charged an additional fee for mileage, which can be negotiated at the time of booking and included within the package price.
Postage of products such as photobooks, prints, frames etc (other than those in the agreed package), are not included in the price. The price of postage for these varies from client to client, and will be invoiced separately once client has decided on the required products.
Should the location of the wedding be more than 2 hours drive from Harleston in Norfolk, accommodation is needed for the photographer the night before and of the wedding.
Other expenses, as agreed, such as hotel, flights etc will be charged at cost for the clients account. Additional time booked or verbally agreed on the date of the wedding, which is not included in the schedule of your chosen package will be charged at £100.00 per hour, or part thereof. Should the photographer or client feel prudent moments have not been covered, this can be verbally agreed between both parties on the day of the wedding.
Transfer of Ownership
Ownership of materials as ordered by the client will be transferred/ released within no more than 6 weeks from wedding day for digital files.
The photographer will store the name and wedding details on a private internal database. These details will not be made available to any companies or persons outside Mark Raines Photography.