SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY TERMS AND CONDITIONS

 

  • BOOKING FEES

A DEPOSIT/BOOKING FEE OF £250 (half day rate) IS REQUIRED TO SECURE ANY MULTIPLE DATE SHOOT (e.g., more than one day booked either across consecutive days or over a longer period of time) WITH THE OUTSTANDING BALANCE PAYABLE ON EXECUTION OF THIS AGREEMENT. THIS DEPOSIT/BOOKING FEE IS NON REFUNDABLE IN THE EVENT OF A CANCELLATION BUT IS TRANSFERABLE IN THE EVENT OF POSTPONEMENT, IT BEING THE AGREED LOSS SUFFERED BY THE PHOTOGRAPHER DUE TO CANCELLATION.

PAYMENT OF THE BALANCE WILL BE MADE NO LATER THAN 4 WEEKS BEFORE THE DATE OF THE FIRST SHOOTING DATE.

ANY ADDITIONAL SERVICES ARE TO BE PAID FOR AT THE POINT OF ORDERING IF NOT ORIGINALLY QUOTED FOR WHEN THE ORIGINAL ORDER/BOOKING IS PLACED.

QUOTES FOR SERVICES ARE ONLY VAILD FOR 30 DAYS FROM INITIAL ENQUIRY AND ARE SUBJECT TO CHANGE.

A DEPOSIT DOES NOT GUARANTEE ANY FUTURE ALTERNATIVE DATE IN THE EVENT OF POSTPONEMENTS AND THE NEW BOOKING DATE WILL BE SUBJECT TO AVAILABILITY.

  • 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 DIGITAL TRANSFER, DVD DISC OR USB DEVICE CONTAINING PHOTOGRAPHS, VIDEO OR ANY DIGITAL CONTENT FILES HAS BEEN PROVIDED TO THE CLIENT AS PART OF THEIR COMMISSION, THIS CONTENT MAY BE DISTRIBUTED, PUBLISHED AND/OR DISPLAYED FOR THE USES OF THE COMMISSIONING CLIENT ONLY AND MAY NOT BE TRANSFERRED TO ANY THIRD PARTY UNLESS FOR THE CREATION OF MARKETING AND BRANDING MATERIALS EXCLUSIVE TO THE COMMISSIONING PARTY.

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 SO LONG AS THE IMAGE IS FIT FOR PURPOSE. THE PHOTOGRAPHER CANNOT GUARANTEE THE SUPPLY OF ANY PARTICULAR PHOTOGRAPHS/VIDEO/CONTEN THAT ARE REQUESTED BY THE CLIENT IN THE COURSE OF A SHOOT IF SEEN BEFORE FINAL SELECTIONS HAVE BEEN SUPPLIED FOR THE CLIENT’S CONSIDERATION.

  • 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 COMMISSIONING 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 INCLUDES ANY TRAVEL TIME AND SET UP OF EQUIPMENT. STANDARD WORKING HOURS ARE 8:30AM – 6PM, MONDAY TO FRIDAY. BOOKING OUTSIDE OF THESE PERIODS WILL BE SUBJECT TO AVAILABILITY AND MAY INCUR EXTRA COSTS. ADDITIONAL 15% CONVENIENCE FEE WILL BE APPLIED TO BOOKINGS MADE WITH 48 HOURS OF INITIAL ENQUIRY SUBJECT TO AVAILABILITY.

IN THE UNLIKELY EVENT THAT THE PHOTOGRAPHER/VIDEOGRAPHER IS UNABLE TO COMPLETE THE COVERAGE DUE TO UNFORESEEN CIRCUMSTANCES, THE PHOTOGRAPHER RESERVES THE RIGHT TO APPOINT ANOTHER PHOTOGRAPHER/VIDEOGRAPHER TO ATTEND ON THEIR BEHALF TO UNDERTAKE THE WORK.

  • CLIENTS, THIRD PARTIES & RECORDING OF FOOTAGE/IMAGES DURING A SHOOT

SCOTT WIGGLESWORTH/BLACKFELL PHOTOGRAPHY WILL ACCOMMODATE REQUESTS FOR CANDID PHOTOGRAPHY/VIDEOGRAPHY OF A SHOOT FOR MARKETING AND PROMOTIONAL PURPOSES WHERE IT DOES NOT HINDER THE PROGRESS OF THE SHOOT.

THE PHOTOGRAPHER CANNOT AND WILL NOT BE HELD RESPONSIBLE FOR A LACK OF CONTENT/PHOTOGRAPHS DUE TO CLIENTS/THIRD PARTIES TAKING THEIR OWN PHOTOS OF THE EVENT/SHOOT 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 ALL PARTIES AWARE OF THE PRESENCE OF YOUR HIRED PROFESSIONAL AND REFRAIN FROM INHIBITING THE WORK OF THE PHOTOGRAPHER/VIDEOGRAPHER THROUGHOUT THE EVENT.

  • HEALTH & SAFETY – SUBJECT TO SITE REGULATIONS

PLEASE NOTE THAT I AM GOVERNED BY THE RULES IMPOSED BY THE HEALTH AND SAFETY EXECUTIVE AND THE MANAGEMENT OF VENUES AS TO WHERE I CAN GO AND WHAT I AM ABLE TO UNDERTAKE. SOME SITE RESTRICT THE ACCESS OF PHOTOGRAPHERS/VIDEOGRAPHERS, PREVENT THE USE OF CERTAIN EQUIPMENT AND, IN SOME CASES, WILL PREVENT ME FROM WORKING DURING PARTICULAR OPERATIONS, CIRCUMSTANCES OR OCCURRENCES. IN THESE CIRCUMSTANCES THE CLIENT AGREES TO ACCEPT THE LIMITATIONS PUT UPON ME BY THE SITE, VENUE OR LAWFUL/REGULATED HOSTING PARTY. THE CLIENT IS ENCOURAGED TO MAKE THEMSELVES AWARE OF ANY RULES AND RESTRICTIONS PRIOR TO THE SHOOT AND INFORM THE PHOTOGRAPHER IN ADVANCE. PLEASE NOTE RESTRICTION MAY IMPACT 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)

THE PHOTOGRAPHER WILL TAKE A BREAK WHEN IT IS APPROPRIATE TO DO SO AND FOR AS LITTLE TIME AS POSSIBLE IN ORDER TO MAINTAIN WORKFLOW BUT A MINIMUM OF 15 MINUTES WILL TAKEN FOR EVERY 4 HOURS WORKED, IN LINE WITH HEALTH AND SAFETY GUIDELINES.

  • 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 DELIVER FINISHED IMAGES WITHIN 5 WORKING DAY WEEKS AFTER THE SHOOT. 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.