Terms and Conditions
Section 1 – Summary
Firstly, many thanks for choosing me to be your wedding photographer. I realise the importance of great photography for your special day. I want to do everything I can to provide the very best service for you. I will always do my very best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, I hope you won’t find any very complicated legal terms or long passages of unreadable text (there might be one or two, but I try to keep it minimal). I have no desire to trick you into signing something that you might later regret.
The best work comes out of great relationships. Honesty, respect, and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust If you have any questions, comments or concerns then please do get in touch with me!
Section 2 – Fees
NON refundable Booking Fee – £250
If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client. 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. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due. Upon payment of the Booking Fee, The Photographer will reserve the event date on behalf of The Client(s) and reject all other requests for event coverage on that date.
The remaining balance will then be payable no later than 30 days before the wedding. In the event that The Client fails to pay the remaining balance within seven (7) days of the wedding date, The Photographer may, at their discretion, treat this agreement as if terminated by The Client.
The fees and expenses estimated by the Photographer are for the original job description as presented by the Client. Subsequent changes or actual job conditions may result in additional charges. Photographer shall seek approval of additional expenses whenever reasonable and appropriate.
Photographer’s fee is for Photographer’s time as described in the package of services selected by the Clients. Photographer agrees to minimize any and all unexpected expenses. Nevertheless, unexpected expenses shall be added on as an addition to the originally estimated total, and shall be invoiced accordingly. No final versions of images will be released to Clients until payment has been received in full.
Payment can be made in cash, bank transfer (BACS) or Paypal. Paypal payments will incur an extra fee. No other methods of payment will be accepted.
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
Section 2 – Term of Agreement & Cancellation
This section covers when the contract starts, for how long it is valid and how the parties can cancel the contract. Whilst I hope we get along it’s important to be clear how to cease this agreement and what if any compensation is to be made upon termination.
The booking fee is non refundable regardless of circumstance.
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. Cancellation less than 120 days before the wedding will result in the payment in full becoming due. All cancellations must be in writing.
Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, conditions of nature, war, the actions of police or emergency services, terrorism, civil disturbance, or the fault of a third party.
Should the event be postponed for any reason, Clients understand that Photographer may not be available for the new date. Should Client postpone the event to a date for which the Photographer is not available, the assignment shall be considered cancelled, and the cancellation agreement above shall apply. Photographer shall be notified of any postponement or likelihood of postponement as soon as possible, and will make every reasonable effort to be available for the new date. In the event the assignment is postponed, additional expenses may be incurred.
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Steven Prebble 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.
Section 3 – Scope of Work
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. Photographs shall be made in digital format and shall be of a style and quality generally similar to photographs visible on Photographer’s portfolio website. Final images shall be adjusted for correction of color and exposure, with no more precise adjustments or retouching, though Photographer may choose to do some as deemed necessary.
The Client acknowledges that they are familiar with The Photographer’s portfolio and are requesting services with knowledge of The Photographer’s style; that The Photographer’s work is constantly evolving; that The Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by The Photographer in the past; and that in creating the photos, The Photographer shall use his personal artistic judgment to create images consistent with his personal vision of the event, which vision may be different from The Client’s and the subject’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
Precise adjustments and/or retouching of additional images do not fall under the scope of this Agreement, and shall be made under separate agreement. Final images will be delivered in the JPEG file format in accordance with industry standards. RAW image files will not be given to The Client(s).
The Photographer will aim to deliver all images within 14 – 21 days after the date of the wedding. If a situation outside of the photographers control prevents this time being met you will be notified of any delay as soon as possible.
Once a set of high resolution digital files have been delivered, the responsibility to preserve the images passes to The Client, and the decision whether The Photographer will keep a copy or not will be entirely at The Photographer’s discretion.
The photographer will endeavour to take all the photographs agreed. However, because a wedding is an uncontrolled event, the photographer cannot guarantee delivery of any specifically requested image(s), especially if timings or events are altered without our knowledge. Due to changes of the weather and the availability and willingness of subjects The Photographer will do their best to honour requested photographs but cannot undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
During a wedding The Photographer will automatically re-take any photograph where they have seen that someone has blinked, but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see everyone.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of 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.
The guidelines of the ceremony official and the reception site management limit The Photographer. The Client agrees to accept the technical results of their imposition on The Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; The Photographer will offer technical recommendations only.
Steven Prebble Photography shall be the sole professional (still) photographers at the venues specified and we request that no other professional photographer be in attendance. I do, however, positively encourage family, friends and other guests to take photographs throughout the day.
I would however ask that family and friends avoid using iPads and other Tablets and mobile phones during the ceremony and we ask that they do not block the isle during the ceremony and on the exit as it does result in us not being able to capture your day fully. I cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer’s work.
When Videographers are also present at your wedding or event there are many times that we are aiming to record the same events for you, what we call key moments, e.g Walking down the isle, first kiss, first dance, speeches and others, and even though we try to stay out of each other’s way there are many times that the videographers will be in the background of your key moments shots, this is out of my control and may affect the number of images you receive.
Section 4 – Copyright
The 1988 Copyright Act assigns the copyright to the photographer. It is contrary to the Act and strictly illegal to copy or allow to be copied, any photographs covered by this contract. The Photographer grants The Client permission to make copies of the images under the conditions that the images taken by the Photographer are for personal use by The Client and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from The Photographer.
Alternation of any images handed to the Bride and Groom is strictly forbidden by anyone other than the original photographer.
You may not pass copies of any images to any other professionals associated with your wedding without the prior consent from the photographer, and then if permission is granted only small file watermarked versions can be shared and the said professionals must link back to www.stevenprebble.com
The Clients hereby allow the Photographer 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 and mediums, providing that the images are used lawfully and without damage to the Client(s). Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by The Photographer and considered standard by the wedding industry.
By signing this contract you consent to the use of such images. Images placed on online galleries within the website are not available to the general public in the normal course of events. The Photographer(s) agree not to resell any image to a third party other than with prior written consent.
Section 5 – 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.
However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of 75% of fees paid for the service or part thereof according to the percentage of images supplied.
Neither party shall be liable for any indirect or consequential loss.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Section 6 – Miscellaneous
Conduct and Safety
The Photographer(s) will not tolerate verbal or physically abusive behaviour, nor will he share their time or compete with other photographers or guests for the attention of the subjects. Uncontrolled conduct by any person that interferes with the photographer(s) may seriously affect the quality of images recorded or increase the number of times they must be retaken. If the Client is unable to control the conduct of attendees, resulting in an unacceptable degree of misconduct, or if any such conduct injuries or damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands in such an event, no refund will be granted and claims for damage or injury may result.Any loss or damage of The Photographers equipment or personal belongings caused by guests will be charged. The Client(s) will be responsible for the guests attending.
Meals and Refreshments.
It is a condition of this contract that if the event exceeds 5 hours that the Client arranges within their schedule a 30 minute break for the Photographer. Failure to comply with this term of the contract may result in a penalty payment, such sum to be determined by the Steven Prebble Photography at its discretion.
Some Wedding venues have arrangements for photographers to have a break while working there, if details of this can be found out and notified to the photographer before the event this will be helpful.
We always try to break while the guests eat as we do not shoot pictures of people eating, if the time of your meal is longer than our 30 min break we will liaise with venue staff to be advised when to come back into the venue room to restart shooting, this is generally as the desert course is being cleared away.
Travel and Accommodation
Mileage is inclusive unless discussed prior. Events taking place outside of the agreed inclusive area will be charged at a rate discussed between The Client(s) and The Photographer. Accommodation will be required for Wedding Photography outside a discussed area. Package will incur an additional charge to cover Parking, Taxis etc if deemed necessary. For Destination Weddings please contact Steven Prebble Photography for details of cost and a quotation.
The Photographer has a strict timetable, which must be adhered to by the Client.
Steven Prebble Photography reserves the right to make additional charges if the Photographer is unable to take the photographs he/she deems essential to the portfolio during the agreed time and this over-run of time is considered to be directly attributable to a lack of organisation on behalf of the Client.
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and The Photographer at the time of acceptance of this contract shall be recognised as amendments to this contract.
In the event of any dispute regarding this contract, both parties agree to attempt to obtain a conciliation before taking any other action.