Whilst they are a necessary evil, they are there to ensure protection for both us, Photography For Life as your provider and you and the people we are capturing. Please take the time to review the terms and conditions to ensure you are familiar with them.
It is agreed that the terms set out in this booking form is 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.
- Payment: A non-refundable payment of £400 as well as full acceptance of the terms and conditions 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 payment will be deducted from the cost of the client’s chosen package when calculating the final balance due. Payment in full of the remaining balance will be due 4 weeks before the wedding day. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed contract/credit terms.
- Weddings booked outside a 50 mile radius will be subject to an additional costs and prices to the package fees quoted, this additional costs and prices shall be confirmed once the exact location of the venue is confirmed
- Flash Photography: Epilepsy and Flash photography do not mix. When signing this form you are accepting all responsibility regarding this. You accept that it is also your responsibility to make Stancliffe Studios Ltd fully aware at the time of booking if anyone in your party suffers from Epilepsy. You are accepting that if to avoid flash in the vicinity of a sufferer, it means we cannot take photos of anyone nearby and this also means less overall photos. Blinking Should the photographer notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.
- Guest behaviour: Stancliffe Studios Ltd will not tolerate verbal or physical and/or abusive behaviour, nor will share time or compete with guest taking photographs for the attention of subjects. Unchecked guest’s conduct that interferes, may seriously affect the quality of the photographs being taken; increase the number of times a photograph needs to be re-taken and/or completely eliminate the possibility to capture the moment. If after discussion the client is unable to control the conduct of guests and such conduct results in an unacceptable measure of interference, or if the guest conduct results in Stancliffe Studios Ltd suffering equipment loss or damages, we may be forced to immediately terminate services. The client understands that in such an event, no wedding fee refund or re-shoot will be provided. In the event of equipment loss or damage resulting in guest’s misconduct, the client further understands they may be liable for recovery of any cost incurred as a result of the said equipment loss or damage.
- Engagement Shoot Location, Content & Timing: For all engagement shoots included in your package, will fall within the following framework, unless a paid shoot is added to a wedding package. a) The location of the shoot will take place at the wedding venue with which Stancliffe Studios Ltd have been booked to photograph. b) The shoot will only include the couple booked for the wedding and will not include any additional family members or pets. c) The shoot will take no longer than 45 minutes. d) The engagement shoot must be booked and completed a minimum of 6 weeks prior to the wedding date. e) No images of any description are included in the standard package. Images can be purchased online via the viewing gallery. Alternatively, you can purchase your engagement photos on a USB for an additional £100. Where any of the prior points are not true, then engagement shoot will be deemed a chargeable event of £125.00 and a full USB of images is an additional £100.00. You reserve the right to decline the free engagement shoot, however this will not result in a refund or exchange of product of any kind. All engagement shoots, unless paid for, have to take place between Monday – Friday.
- CANCELLATION – Engagement Shoot: In the event that the CLIENT cancels the contracted services for the engagement photography, before the shoot takes place, a fee will be chargeable on rescheduling of the shoot. The weather is not a permissible reason for cancellation, unless it is falls into the category of a weather warning delivered by the UK Weather Met Office. If the shoot is cancelled 2 weeks of the of the agreed date, the client shall pay a £15 rescheduling fee. If the shoot is cancelled within 72 hours of the of the agreed date & time, the client shall pay a £45 rescheduling fee, and if the shoot is cancelled 24 hours of the of the agreed date, the client shall pay the full price of the shoot upon rescheduling which is £75. If the CLIENT chooses not to reschedule the engagement shoot, then a cancellation fee will be charged. In this instance, a cancellation fee of £20 will be charged if the CLIENT cancels with 72 hours of the of the agreed date & time. If the cancellation is within 24 hours of the of the agreed date & time, then cancellation fee is £40. Regardless of which option is chosen by the client, (reschedule or cancellation of the shoot), in the circumstances were we have already departed to attend the shoot, then an additional charge of 35 pence per mile cost from Photography For Life’s base of work to the agreed shoot, including the return journey, will be charged if the engagement shoot is cancelled after we have left to attend the shoot.
- CANCELLATION – Wedding: In the event that the CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the booking fee will be forfeited and is non-refundable. If the event is cancelled 40 weeks of the of the agreed date, the client shall pay Stancliffe Studios 25% of the balance of the contract due. If the event is cancelled 26 weeks of the agreed date, the client shall pay Stancliffe Studios 50% of the balance of the contract due. Cancellation of any wedding within 12 weeks of the wedding date will result in the Client being liable to pay the full amount (100%) of the contract due .CHANGE OF WEDDING DATE: The booking fee paid to THE PHOTOGRAPHER is for the reservation of the wedding date agreed to at the time of booking. If a change of date is necessary, the deposit is transferable provided that THE PHOTOGRAPHER has not received any other inquiries for the new wedding date. We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed contract/credit term.
- HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. 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.
- DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: UK Copyright Law states that the copyright of photographs remains with THE PHOTOGRAPHER. A full license to print will be granted to THE CLIENT upon full payment of the USB inclusive photography package. The digital images taken by THE PHOTOGRAPHER are for personal use by THE COUPLE and their friends and relatives. If selling the wedding photos for profit THE CLIENT, their friends and relatives must obtain permission from THE PHOTOGRAPHER. THE PHOTOGRAPHER retains the right to use images for marketing purposes as required. This may include display on THE Photographer’s website, blog and Facebook business page.
- EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that THE PHOTOGRAPHER will act as the sole and exclusive paid wedding photographer. THE PHOTOGRAPHER reserves the right to prohibit guest photography during formal photography times if guest photography interferes with formal photographs.
- Force Majeure: We shall have no liability to you under this Agreement if we are prevented from carrying out the Photo Services by: the bride and groom or wedding party not being on time and/or the church, the reception, or the place of the wedding having photography restrictions; any inhibiting background, location, or additional arrangements with other photographers; and/or any acts, events, omissions or accidents beyond our reasonable control, including strikes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, inclement weather or default of suppliers or sub-contractors. In the event of incapacitating illness or injury to the Photographer we shall have the option, whenever possible, to provide you a replacement photographer to carry out the Photo Services.
- Liability: Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.
- Wedding Insurance: You are advised to take out an appropriate wedding insurance policy if you are booking the Photo Services for a wedding.
- Artistic Licence & Coverage: a: The photographer shall be granted artistic licence in relation to the poses photographed & the locations used. Although every effort will be made to comply with the client’s requirements, the photographer’s judgement regarding the location, poses & number of photographs taken shall be deemed correct. b: For bookings involving a church ceremony or at certain other venues, photographer’s movements are sometimes restricted by the minister or official in charge; photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The photographer cannot accept responsibility for limited coverage in such cases. c: Whilst the photographer shall endeavour to fulfil all the clients requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. d: Any alterations made to the booking by the clients once details have been confirmed may only be made at the discretion of the photographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the photographer is not liable to compensate the client in any way whatsoever.
- Copyright: The client hereby assigns and grants the photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the wedding for editorial, trade, advertising or any other purpose in any manner and medium. It is agreed that the photographer may display and use the photographs taken for advertising, display, website and internet promotion, competitions, public display such as in mail, photography books, store fronts, window displays, magazine advertising and any other purpose thought proper by the photographer. Any images or copies of images whether stored digitally (Negatives/Digital files) remain the property of the Photographer 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 in writing. Where a viewing album is provided, any breaking of seals in the album will presume a breach of copyright.
- Royalty Free License: The photographer retains the copyright of the images as described in section …. In the event that a disc/memory stick/PASS gallery is included in the package or one is purchased as an optional extra then the photographer retains the copyright however grants a Royalty Free (RF) License that permits the use of the image/s without further payment for any non commercial lawful purpose for an indefinite period. Uses include reproduction, making the image available on the Internet for non-commercial use worldwide. The Royalty Free License does not permit the editing of the images by the clients or third parties. It is also prohibited to allow suppliers and third parties to use the images without the expressed written consent of Stancliffe Studios and a payment of the appropriate fee as determined by Stancliffe Studios ltd. Clients who permit their wedding suppliers to use Stancliffe Studios Ltd images without proper authority will be issued with a breach of copyright notice and required to pay compensation per image used. The supplier will also be issued with a breach of copyright notice and required to pay compensation per image used.
- Artistic Style: On its own behalf, and on behalf of the subject, Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that 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, Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
- Purchasing of Digital Files – If you choose to purchase Digital Files on CD/USB from your photography session with Stancliffe Studios, you will be granted permission by Stancliffe Studios to reproduce the images and make an unlimited number of prints for PERSONAL PRINT USE ONLY – Images should not be uploaded onto digital media sites including social networking sites unless shown with Stancliffe Studios logo. This permission applies worldwide.
- FACEBOOK – ‘Sharing Your Content & Information’ – ‘For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it’. http://www.facebook.com/legal/terms a, You must not upload any digital files received from Stancliffe Studios unless watermarked – Stancliffe Studios can supply watermarked images for your personal use on Facebook or other networking sites (profile photos etc) – these must not be cropped to remove the watermark.
- USB Collection and Photographic Artwork: Photographic Artwork for the purpose of these Terms and Conditions, refers to all art or any description, prints, thank you cards and USBs with the exception of albums – see clause 20. Photographs and photographic artwork will generally be ready within 28 days of the date of your wedding depending on workload. Once the photographic material has been viewed, the client has 6 months from receiving the photograph collection, to organise collection of their USB, if the USB package has been chosen. If this is not collected within 6 months of the photographic collection going live, the client will forfeit the USB and any associated artwork.
- Album Design: If the client has paid for an album package, the client has 6 months from the date the photographic material is made available online, to work with Stancliffe Studios Ltd design and approve the album. Should the client not complete the design and approval of their album within this time, the client will forfeit their rights to the album. Once the album has been designed and approved, within the 6 month period as stated above, the client has a further 3 months to pay for any associated upgrades they may have included. If payment has not been made within this 3 month period, the client will forfeit their rights to the album. No refund applicable.
- Album or Book Collection: Once the client has approved their design, albums generally will be available within 4-8 weeks of the date of you advise of which photographs you would like in your album. Once the album has arrived, the client has 2 months from the date of being informed the album is available, to collect their album. If collection has not been made within this 2 month period, the client forfeits the album or book. No refund applicable.
1.1 Bookings are accepted on these terms and conditions only.
No condition may be added, omitted or altered unless we have agreed to it in writing with you.
1.2 Any addition, omission or alteration that we may agree does not affect any other term or condition.
1.3 When you sign the booking form, you will be deemed to have read and accepted these terms and conditions.
1.4 You specifically confirm to us that the information you have provided in this booking form (and any other forms) is true and accurate in all respects.
2.1 Once a booking has been accepted you must immediately pay the booking fee that we have agreed. Until we have received the booking fee (and if any cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the booking fee and we shall be entitled to enforce it.
2.2 You must pay us the balance of the wedding videography price in full (and if by cheque that, cheque has cleared) at least 14 days before the Event is to take place. If you do not do so we will not have any liability to you, and if we have so decided we shall be entitled in our absolute discretion to forfeit the whole or part of the final balance.
2.3 If you cancel this booking:
(1) more than 90 days before the date of the event then the booking fee will be
forfeited, but no further sum is payable by you;
(2) within 90 days of the date of the event a sum amounting to 50 per cent of the price payable by you;
(3) within 30 days of the date of the event a sum amounting to 95 per cent of the price payable by you.
2.4 Any cancellation must be notified to us in writing addressed to us at Stancliffe Studios, 2 Grasmere Close, North Anston, South Yorkshire, S25 4GF.
Restrictions on our liability to you.
(Please note this section is important and should be carefully read by you since it limits your rights. Please ask us if you need any further clarification).
3.1 We will make every reasonable effort to secure a replacement cameraman if for any reason the cameraman is unable to carry out the engagement.
In those circumstances however, our liability to you is limited to making a refund of the sums that you have paid us in respect the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all the equipment we use for your Event is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. In the event of part of the event be recorded we will in that case return a fair proportion of the price.
3.3 Although we make every reasonable effort to record significant parts of the Event (including any part of the ceremony) the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurances that we will successfully record any particular aspect of the Event (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the event does not give you any right to refuse to pay the Price or obtain a refund.
3.4 When you enter into this booking you accept that we cannot accept any liability whether it is financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this booking, except for our obligation to return all or part of any sums you have paid to us in accordance with these conditions.
3.5 We will carry out our services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as Supply of Goods and Services Act 1982 or the Sale of Goods Act 1993) or arising under common law is excluded as far as it is possible to do so.
3.6 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss and that will then increase our prices. You accept that you understand this and agree that it is reasonable for us to limit our liability in this way.
3.7 With the DVD-R production method, we cannot guarantee that all the DVD-R discs will operate on all types of DVD set-top players and/or all types of DVD drives. This is an industry issue that has not yet been solved, and is not a function of the high quality DVD-R media supplied. By using high grade DVD-R media we aim to ensure that the DVD plays to the majority of DVD players.
Ownership of the Master Tape and copyright
4.1 The master tape remains our property. Copyright in the master tape is vested in us.
This means that:
4.1.1 We reserve the right to dispose of the master tape in our absolute discretion.
4.1.2 We do not accept liability in relation to any loss of and/or damage to the master tape.
4.1.3 Neither you or anyone on your behalf are allowed to make copies of any tapes, disks or other recorded media unless we have agreed in writing that you may do so. Please note that the copying of tapes, disks etc. without our consent is a breach of copyright for which you may be liable in damages.
4.2 Master tapes are kept for a period of one year.
4.3 We reserve the right after you have received your copy of the tape, disk etc to show it or part of it to any prospective client who may wish to see a sample of our work, or to enter the work into competitions or use extracts in our show reel. We will NOT release any part for public showing or broadcast without your prior written consent.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the Event that all persons attending the Event have consented to being recorded on the media.
5 If you ask us to provide any extra services after you have signed the Booking form these may be subject to additional payments which we will agree with you. Those extra services will, if accepted by us, be carried out on the basis of these terms and conditions.
6 Please note that it is your responsibility to obtain consents from the owners of Licensed Premises or other venues where the Event is being held and all other persons involved in the event, such as persons conducting the ceremony, the choir, the organist and other musicians to record the event before it takes place and to pay any fees charged by them. If you fail to do so, this may mean we are unable to record the ceremony or the Event or release the tape, disk etc to you until that consent (which is required for copyright reasons) has been obtained.
Schedule and Quality Control
7.1 We will try to agree a schedule of contents of the recording with you. Please note that the contents of that schedule, does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished tape/disc unless you tell us to the contrary in writing within two (2) weeks of the tape/disc being sent to you. You must tell us in as much detail what your complaint is. If we have received no complaint with the time specified we shall be entitled to assume that you are satisfied and we are under no obligation to accept any complaint.
7.3 We will use all reasonable efforts to deal with any complaints promptly and if it is something we can remedy we will do so. If we do not consider your complaint to be valid we will tell you so promptly.
7.4 If you disagree with our assessment you may write to our associations Arbitration Service and request them to investigate the matter. Their details are: The Institute of Videography, P.O.Box 625. Loughton IG10 3GZ
7.5 In referring a complaint to them we will agree with their decision, which will also be binding on you.
8 In these terms and conditions ‘us’ and ‘ours’ means ‘Stancliffe Studios’ or their authorised representatives
‘you’ is the person or persons making the booking and who are entered into the legal obligation. The ‘Booking form’ is the form signed by you and set out prior and which forms part of this Agreement. ‘Price’ and ‘Deposit’ means the contract price payable to us for the services and the advanced deposit respectively. The ‘Event’ is the ceremony and associated activities that you have asked us to record and which is detailed in the Booking form.