Terms & Conditions - JD Photography

Applicable to all our photography services


In the following terms & conditions “the photographer” shall mean John Davis & Deborah Franks trading as JD Photography. “The client(s)” shall be those persons defined as bride and groom on the booking form. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.


Wedding Arrangements


The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing.


Copyright


Any images or copies of images whether stored digitally 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, Designs and Patents Act 1998. 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/s in writing.

Ownership

All digital negatives (computer files) remain the property of the photographer. On occasion, the photographer may supply a copy of the edited digital negatives to the client(s) for their own non-commercial use.


Website Display & Promotional Usage


The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than JD Photography employees.


Force Majeure or Act of God


The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.


Liability


The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer's liability (if any) shall be limited to rectifying such defect. Personal Accident 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.


Licence


The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.  Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.


Coverage and Reproduction


Photographs taken during the course of the session/event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.When attending events the photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.  At certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.  On location or events due to a variety of uncontrolled lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.  Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.


Photographs and Images


All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by JD Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. JD Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies JD Photography in writing of any discrepancy or error within 14 days of receipt.


Prints, reprints and enlargements


We offer a vast array of print and enlargements sizes all with different aspect ratio’s, all of my images are shoot to the aspect ratio of 2:3 which is ideal for most popular enlargement options. However on some of the enlargements sizes I offer image cropping may/will occur. Please ask advice before ordering enlargements.


Booking Fee / Deposit Payments


A non-refundable booking fee of 10% as well as full acceptance of the terms and conditions as published on the photographer's website secures the time and services of the Photographer for the wedding and is nonrefundable 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. Payment in full of the remaining balance will be due one calendar month 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.


Payment


The remaining balance (minus the booking fee) is be due in cleared funds 28 days prior to the date of the wedding day

Balances owed for photo shoot appointments must be paid in full before the session commences. Payment for all extra items ordered must be made at the time of ordering. Prices for prints, digital images, mounts and framing options are available upon request. If paying the full balance owed or additional products by cheque prints and products will not be made available until the cheque has cleared!


Payment may be paid by cash, valid debit/credit card, cheque or bank transfer. Please make cheques payable to “JD Photography“. Please note, if paying by cheque your booking will not be secure until the cheque has cleared.


Cancellation


Cancellation less than 12 weeks prior to date of the wedding will result in payment in full for the complete photographic coverage booked. All cancellations must be in writing. When a wedding has been postponed (rather than cancelled) to a later date the photographer will retain the fee as long as the photographer can re-schedule for the new date and time. Where the photographer is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the original booking fee. Prices All services and/or goods are supplied at the current prices ruling at the time of each individual payment and are subject to change without prior notice. The photographer is not VAT registered so VAT is not quoted (nor is it charged).


If JD Photography has to cancel the appointment for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. If the Client cancels the appointment an unconditional refund policy exists up until 7 days prior to the reserved slot at which point the full Booking Fee will be retained by JD Photography.


Postponement


Should the cancelled appointment turn out to be a postponement, then, subject to JD Photography’s availability, 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 JD Photography take another appointment for your cancelled or postponed date, a full unconditional refund of your deposit and monies paid shall be made. If, following cancellation by the client, a new date cannot be agreed by both parties, the full booking fee will be retained by JD Photography.  


Postponement Due To Adverse Weather


If the appointment has to be cancelled by JD Photography due to adverse weather conditions a new, mutually agreed appointment will be made. However, if the Client would like a Booking Fee refund, this will be granted.


Refund Policy


The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.


House Rules


Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the bride and groom agree to accept the technical limitations that may be imposed on the equipment used. We advise the bride and groom to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.


Cooperation


The bride and groom and the Photographers consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding photographer(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The photographer(s ) may also require the assistance of the best man in organizing family groups. The bride and groom also agree to give the photographer(s) sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer(s) will use his discretion but cannot be held responsible for a lack of photos of these people.


Wedding Guests


All your guests will have digital cameras and all your guests will want to photograph the bride and groom. In the spirit of cheerful cooperation the bride and groom agree to give the Photographers precedence over your guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the bride and groom have continually interrupted the photographer’s work.


Retouching


Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the photographer’s discretion. Storage of Images Original digital images are kept on an active file for three months, after which time the raw images are stored in a secure location (access to these images is solely limited to the photographer). Raw image files will not be deleted unless expressly requested to do so by the client.


Governing Law


This agreement shall be governed in accordance with the laws of England and Wales


Complaints


Any complaints should first be raised by the client with the photographer in writing within 21 days from the date of receipt of images.


The Photographer reserves the right to amend these Terms and Conditions without prior notice.


Please note. It can take us up to 12 weeks to edit wedding images. This is due to our workload. This can be slightly longer during our busy wedding season. We will keep you informed of your progress. 

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