Wedding Photography Contract
Wedding Photography Contractual Terms & Conditions
This contract is between the photographer and the client as detailed below:
The Photographer’s name: Derek O'Rourke of Memento Photography
1. A Summary of the Contract
The photographer is responsible for providing for the client a photographic service and products as detailed in section 2 (‘coverage’). The client undertakes to engage the photographer for this coverage for the price as detailed in the original booking form.
2. The Coverage
Coverage will be provided by the photographer as outlined within the initial booking form.
2a. All products and services will be supplied / fulfilled as outlined in the initial booking form in strict accordance with the following terms and conditions.
3. Payment Arrangements
The client will pay the photographer a total fee subject to the following terms:
A booking fee is due to secure the date and payable on execution of this agreement. This deposit is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation, Payment of the balance is due no later than the date of the wedding.
All cancellations must be delivered in writing. The cancellation conditions above will apply for postponed weddings if the photographer is not able to re-schedule for the new date and time. The fee for a postponed weddings is subject to change.
This includes orders included in the initial wedding package.
The entire copyright in the photographs is retained by the photographer at all times throughout the world, however where a memory key of photographs has been provided to the bride and groom as part of their wedding collection, these photographs may be printed, and displayed online, for personal but not commercial use.
The photographer retains the right in all cases to use the photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work.
Raw or unedited images will never be supplied to any customer.
5. Image Size, Colour, Style and Composition
All image sizes are approximate. The photographer will provide a acceptable colour balance and ensure photographs meet a pleasing standard in terms of colour and composition but cannot guarantee exact colour matching. It is sometimes not possible to record on camera or in print the exact colour as seen by the human eye, taking ambient light and the use of artificial light into consideration.
There is no right to reject the images on the basis of style or composition or simply that you do not like them.
5a.All images are totally subjective towards point of view and as with any artistic product, photographs can be viewed in a variety of different ways, the photographer is only responsible for producing a photographic record of your wedding day under the agreement of each party and cannot be held responsible for any dissatisfying shots due to distractions out of the photographers control, i.e. eyes closed or looking in another direction.
5c.Whereby the photographer will try to photograph in various locations throughout your agreed contractual time, he/she is not responsible for a lack of images due to various weather conditions.
5d. Post wedding media files (Images) will be delivered in accordance with your initial contract at a particular time scale agreed (usually 6 - 8 weeks) and will be supplied in a memory key format.
5e. Photographic albums and story-books will be designed within 4 weeks of the client submitting there chosen image numbers to the photographer and can take a further 4-6 weeks for completion, once the photographer has allowed the client to proof view a sample of the completed album this artwork can not be changed under any circumstance and the client agrees the finished album is to there satisfaction at the point of ordering, the album can only be rejected after time of delivery if the product is damaged or faulty, this does not affect your statutory rights.
6. Online viewing
All images will be uploaded to the photographer’s / clients private wedding gallery for viewing by any third party interest who has the encrypted password, it is the clients responsibility to inform the photographer if he/she would like any images removing from the viewing gallery or the viewing gallery not to be published on-line.
In the unlikely event of the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend on his behalf to undertake the photograph.
7a. The photographer will not tolerate any abusive behaviour towards him/her and if the photographer feels threatened or has suffered any physical or verbal abuse during any process of your wedding he/she has the right to immediately cancel any products or services offered under this contract and may be forced to take legal action towards the individuals evolved.
The photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the wedding. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
10. Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, 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.