SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY TERMS AND CONDITIONS

 

  • BOOKING FEE

A DEPOSIT/BOOKING FEE OF £250 TO SECURE THE DATE PAYABLE ON EXECUTION OF THIS AGREEMENT. THIS DEPOSIT/BOOKING FEE 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, NO LATER THAN 4 WEEKS BEFORE THE DATE OF THE WEDDING.

CANCELLATION LESS THAN 12 WEEKS BEFORE THE DATE OF THE WEDDING WILL REQUIRE PAYMENT IN FULL. CANCELLATION LESS THAN 16 WEEKS BEFORE THE DATE OF THE WEDDING WILL REQUIRE 50% OF THE BALANCE OF THE PACKAGE BOOKED. ALL CANCELLATIONS MUST BE IN WRITING BY THE CLIENT, NOT A REPRESENTATIVE/THIRD PARTY. 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 POSTPONED WEDDINGS IS SUBJECT TO CHANGE.

 

ANY ADDITIONAL PAYMENTS FOR ALBUMS AND OTHER SERVICES ARE TO BE MADE WHEN THAT ORDER IS PLACED. PRICES FOR ORDERS PLACED OVER 3 MONTHS AFTER THE DATE OF THE WEDDING MAY BE SUBJECT TO CHANGE. THIS INCLUDES ORDERS INCLUDED IN THE INITIAL WEDDING PACKAGE.

 

  • COPYRIGHT

COPYRIGHT APPLIES TO ALL CONTENT AND INTELLECTUAL PROPERTY IN THE PHOTOGRAPHS AND IS RETAINED BY THE PHOTOGRAPHER AT ALL TIMES THROUGHOUT THE WORLD FOR A PERIOD OF 50 YEARS IN COMPLIANCE WITH STANDARD UNITED KINGDOM AND GLOBAL COPYRIGHT LAW.

WHERE A DISC OR USB OF PHOTOGRAPHS (DIGITAL IMAGE FILES) HAS BEEN PROVIDED TO THE CLIENT AS PART OF THEIR WEDDING COLLECTION, THESE PHOTOGRAPHS MAY BE PRINTED AND DISPLAYED ONLINE FOR PERSONAL BUT NOT COMMERCIAL USE.

NOTE: CONFIRMATION OF THIS AGREEMENT MAY BE REQUIRED BY ANY PROFESSIONAL PRINT PROVIDER BEFORE PRODUCING YOUR PRINTED IMAGES. THIS IS FOR THEIR LEGAL PROTECTION AND THAT OF THE PHOTOGRAPHY WITH RESPECT TO COPYRIGHT POLICY AND LEGISLATION.

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 OR ANY OTHER USE.

  • IMAGE SIZE, COLOUR, STYLE AND COMPOSITION

ALL IMAGE SIZES ARE APPROXIMATE. THE PHOTOGRAPHER WILL PROVIDE A PLEASING COLOUR BALANCE BUT CANNOT GUARANTEE EXACT COLOUR MATCHING. IT IS OFTEN NOT POSSIBLE FOR THE CAMERA SENSOR TO RECORD THE EXACT COLOUR AS SEEN BY THE HUMAN EYE DUE TO TECHNOLOGICAL LIMITATIONS INHERENT TO MOST DIGITAL IMAGING HARDWARE. THERE IS NO RIGHT TO REJECT ON THE BASIS OF STYLE OR COMPOSITION. THE PHOTOGRAPHER CANNOT GUARANTEE THE SUPPLY OF ANY PARTICULAR PHOTOGRAPHS THAT ARE REQUESTED.

  • ADDITIONAL EDITING

ADDITIONAL EDITING CAN BE REQUESTED, A FEE PER IMAGE WILL BE MADE IN RESPECT OF SPECIFIC ALTERATION REQUESTS SUCH AS CREATIVE FILTERS, OBJECT REMOVAL OR PHOTOGRAPHIC MANIPULATION.

  • ARCHIVAL RELEASE

ONCE ALL PRODUCTS WITHIN THE WEDDING PACKAGE STATED IN SECTION 3 HAVE BEEN DELIVERED, THE PHOTOGRAPHER IS UNDER NO OBLIGATION TO RETAIN THE DIGITAL IMAGE FILES FOR LONGER THAT 24 MONTHS IN ACCORDANCE WITH GDPR GUIDELINES.

  • ATTENDANCE

HOURS OF COVERAGE INCLUDE ANY TRAVEL TIME BETWEEN VENUES. DUE TO THE COMMITMENT TO WEDDINGS AT THE WEEKENDS, ENGAGEMENT/PRE WEDDING PORTRAIT SHOOTS ARE ARRANGED MONDAY TO FRIDAY. THE LOCATION OF THIS EVENT WILL BE WITHIN 50 MILES OF CARLISLE, CUMBRIA, OR WITHIN 10 MILES OF ACCOMMODATION BOOKED/PROVIDED FOR THE EVENT. OTHERWISE, ADDITIONAL TRAVEL EXPENSES/CHARGES MAY APPLY.

IN THE UNLIKELY EVENT THAT THE PHOTOGRAPHER IS UNABLE TO COMPLETE THE COVERAGE DUE TO UNFORESEEN CIRCUMSTANCES, THE PHOTOGRAPHER RESERVES THE RIGHT TO APPOINT ANOTHER PHOTOGRAPHER TO ATTEND ON THEIR BEHALF TO UNDERTAKE THE PHOTOGRAPHY. NO OTHER HIRED PHOTOGRAPHERS ARE PERMITTED TO PHOTOGRAPH THE WEDDING.

  • WEDDING GUESTS & CAMERAS

SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY IS TO BE THE SOLE PROFESSIONAL PHOTOGRAPHER.

THE PHOTOGRAPHER CANNOT AND WILL NOT BE HELD RESPONSIBLE FOR A LACK OF CONTENT/PHOTOGRAPHS DUE TO GUESTS TAKING THEIR OWN PHOTOS OF THE EVENT AND INTERRUPTING THE WORKFLOW OF THE PHOTOGRAPHER.

IF YOU FEEL THIS IS A RISK THEN THE PHOTOGRAPHER (SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY) RESPECTFULLY ASK THAT YOU MAKE GUESTS AWARE OF THE PRESENCE OF YOUR HIRED PROFESSIONAL AND REFRAIN FROM INHIBITING THE WORK OF THE PHOTOGRAPHER THROUGHOUT THE EVENT.

  • POSTPONEMENT

SHOULD THE CANCELLED APPOINTMENT BE DEEMED A POSTPONEMENT, THEN, SUBJECT TO THE AVILABILITY OF SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY, ALL MONIES PAID MAY BE APPLIED TO THE NEW APPOINTMENT. IN THIS CASE, THE TOTAL FEES CHARGEABLE SHALL BE THE FEE WHICH APPLIES AT THAT TIME. IN THE EVENT THAT SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY TAKES ANOTHER APPOINTMENT FOR YOUR CANCELLED OR POSTPONED DATE A FULL UNCONDITIONAL REFUND OF YOUR DEPOSIT AND MONIES PAID SHALL BE MADE.

  • GROUP SHOTS

THE PHOTOGRAPHER WILL ENDEAVOUR TO CAPTURE THE IMAGES REQUESTED BY THE CLIENT IN THE PHOTO CHECK LIST SUPPLIED BY THE CLIENT PRIOR TO THE WEDDING. IN THE UNLIKELY EVENT THAT THE PHOTOGRAPHER IS UNABLE TO CAPTURE THESE IMAGES DUE TO POOR WEATHER OR LACK OF ALTERNATIVE DRY LOCATION THEY WILL NOT BE HELD RESPONSIBLE.

  • CEREMONY & VENUE RULES

PLEASE NOTE THAT I AM GOVERNED BY THE RULES IMPOSED BY REGISTRARS, MINISTERS AND THE MANAGEMENT OF VENUES AS TO WHERE I CAN GO AND WHAT I AM NOT ABLE TO DO. SOME CHURCHES RESTRICT THE MOVEMENT OF PHOTOGRAPHERS, PREVENT THE USE OF FLASH AND IN SOME CASES WILL PREVENT ME FROM PHOTOGRAPHING AT ALL DURING THE CEREMONY. IN THESE CIRCUMSTANCES THE BRIDE AND GROOM AGREE TO ACCEPT THE LIMITATIONS PUT UPON ME BY OTHERS. THE BRIDE AND GROOM MUST MAKE THEMSELVES AWARE OF ANY RULES PRIOR TO THE CEREMONY AND INFORM THE PHOTOGRAPHER IN ADVANCE. PLEASE NOTE RESTRICTIONS SUCH AS THESE WILL REDUCE THE NUMBER OF IMAGES SUPPLIED.

  • INDEMNITY

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 THEY WERE 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.

  • 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 VALUE OF THE CONTRACT. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT OR CONSEQUENTIAL LOSS.

  • PUBLIC LIABILITY & PROFESSIONAL INDEMNITY INSURANCES

SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY HOLDS FULL PUBLIC LIABILITY INSURANCE AND PROFESSIONAL INDEMNITY INSURANCE THROUGH DIRECT LINE BUSINESS. EVIDENCE OF THIS POLICY CAN AND WILL BE PROVIDED TO VENUE AND CLIENT ON REQUEST.

  • HARASSMENT

IT IS THE RESPONSIBILITY OF THE CLIENT THAT VENDORS CAN CARRY OUT THEIR JOBS WITHOUT BEING HARASSED BY GUESTS. THE PHOTOGRAPHER WILL ATTEMPT TO RESOLVE THE SITUATION BEFORE SEEKING THE ASSISTANCE OF THE CLIENT. IF A RESOLUTION CAN NOT BE REACHED THE PHOTOGRAPHER RESERVES THE RIGHT TO TERMINATE THE CONTRACT WITH IMMEDIATE EFFECT AND LEAVE THE VENUE. NO MONEYS WILL BE REFUNDED NOR WILL THEY BE HELD RESPONSIBLE FOR ANY MISSED PHOTOGRAPHS.

  • PRIVACY

SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY WILL STORE YOUR NAME AND ADDRESS DETAILS ON A PRIVATE INTERNAL DATABASE. THESE DETAILS WILL NOT BE MADE AVAILABLE TO THIRD PARTIES. SHOULD YOU WISH TO HAVE YOUR DETAILS REMOVED FROM OUR DATABASE, PLEASE ADVISE US IN WRITING. ALL DETAILS WILL BE HELD ON FILE ONLY AS LONG AS NECESSARY AND WILL BE SECURELY DISPOSED OF/DELETED AFTER 24 MONTHS FROM THE CONCLUSION OF BUSINESS IN ACCORDANCE WITH GDPR GUIDELINES.

  • JURISDICTION

THIS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW, AND EACH PARTY AGREES TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.

THE UNDERSIGNED HAVE READ AND UNDERSTOOD THE ABOVE CONTRACT AND AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY.

  • SUBSTITUTION

IN THE EVENT OF ILLNESS OR SUDDEN EVENT BEYOND THE CONTROL OF THE PHOTOGRAPHER, SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY WILL ATTEMPT TO SUBSTITUTE A PHOTOGRAPHER AT NO COST TO THE CLIENT. THIS CONTRACT WILL BE TRANSFERABLE TO SAID PHOTOGRAPHER.

  • SUBSISTANCE & ACCOMMODATION (AS APPLICABLE)

IN THE EVENT THAT THE CLIENT DOES NOT PROVIDE FOOD FOR THE PHOTOGRAPHER WHEN WORKING FOR OVER 5 HOURS, THE PHOTOGRAPHER WILL BE FORCED TO LEAVE THE WEDDING TO SOURCE FOOD.

THE PHOTOGRAPHER WILL NOT BE HELD RESPONSIBLE FOR MISSED PHOTOGRAPHS DURING THIS TIME.

IF THE CLIENT CHOOSES TO SUPPLY THE PHOTOGRAPHER WITH A MEAL THEY WILL HAVE A SHORT BREAK ON SITE TO EAT, AND TRY HER BEST TO ENSURE NO PHOTO OPPORTUNITY IS MISSED DURING THIS TIME.

  • SOCIAL MEDIA/WEBSITE/BLOG

SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY RESERVES THE RIGHT TO SHARE IMAGES ONLINE FOR BUSINESS AND PROMOTIONAL USE. IF YOU DO NOT WISH FOR YOUR IMAGES TO BE USED FOR SUCH ENDS PLEASE INFORM US AT YOUR EARLIEST CONVENIENCE. A FAILURE TO INFORM THE PHOTOGRAPHER INVALIDATES CLAIMS OF MISUSE OF CONTENT AFTER THE CONCLUSION OF BUSINESS BETWEEN THE PHOTOGRAPHER AND THE CLIENT; FURTHER, ANY THIRD-PARTY COMPLAINT MUST BE ISSUED BY THE CLIENT AS REPRESENTATIVE OF THE CLAIMANT.

  • PRINTS & PRODUCTS

THE PROFESSIONAL PRINT LABS I USE ARE SYNCED WITH MY CALIBRATED COMPUTER. I WILL ONLY GUARANTEE THE QUALITY, COLOUR ACCURACY OF PRINTS AND PRODUCTS PRODUCED BY THESE APPROVED SUPPLIERS. A PRINT RELEASE WILL BE GIVEN WITH DIGITAL IMAGE PURCHASES BUT I DO NOT GUARANTEE THE COLOUR ACCURACY OR QUALITY OF PRODUCTS PURCHASED BY THE CLIENT AS THIS IS OUT OF MY CONTROL.

  • DIGITAL FIDELITY & FIXITY

AS WITH ANY STORAGE MEDIUM DIGITAL FILES CAN BECOME UNSTABLE, DEGRADE AND CORRUPT OVER TIME, AS SUCH COPIES OF THE CONTENT SHOULD BE MADE IN SEVERAL LOCATIONS, ONE OF WHICH IS RECOMMENDED TO BE A CLOUD STORAGE SYSTEM. SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY WILL NOT BE HELD RESPONSIBLE FOR THE CORRUPTION, LOSS OR DAMAGE OF DATA ONCE IMAGES HAVE BEEN DELIVERED TO THE CLIENT AND WILL NOT BE OBLIGATED TO SUPPLY SUPPLEMENTAL/REPLACEMENT FILES BEYOND 24 MONTHS FROM THE CONCLUSION OF BUSINESS.

  • COMPLETION OF IMAGES

THE PHOTOGRAPHER WILL ENDEAVOUR TO PRESENT TO YOU YOUR FINISHED IMAGES UP TO 6 WEEKS AFTER YOUR WEDDING CEREMONY. THIS MAY TAKE LONGER THAN 6 WEEKS IN DUE TO UNFORESEEN CIRCUMSTANCES, TECHNICAL FAILURE, INJURY, ACTS OF NATURE , MITIGATING CIRCUMSTANCE AND ADVANCED/ADDITIONAL EDITING REQUESTS ON THE PART OF THE CLIENT, ETC.

IN THE EVENT OF ANY OF THE ABOVE THE CIRCUMSTANCE SHALL BE DISCUSSED AND AN AGREEMENT REACHED BETWEEN BLACKFELL PHOTOGRAPHY AND THE CLIENT UPON WHICH A DOCUMENT OF ACTION WILL BE ISSUED AND SIGNED OFF BY BOTH PARTIES.