For the purposes of these terms & conditions, “the clients” are the Bride and Bridegroom who are being photographed, jointly and severally, and “the Photographer” shall be John Brodie trading as John Brodie Photography. It is agreed that no variation, modification or cancellation of these Terms & Conditions shall be effective unless agreed by both parties in writing, using Royal Mail Recorded Delivery Service.

 

WHAT THE PHOTOGRAPHER WILL PROVIDE

The photographer shall carry out his/her duties according to the schedule agreed at the pre-wedding consultation.  In the unlikely event of the assigned photographer being unable to attend your wedding due to unforeseen circumstances, the photographer reserves the right to appoint another photographer of comparable skill and experience to attend your wedding on my behalf.

 

WEDDING ARRANGEMENTS

The details of the wedding arrangements is to be agreed beforehand in writing. The client shall notify the Photographer of any changes to these details in writing. The photographer cannot be held liable for delays or disruption in their delivery of the service until any changes are received and acknowledged in writing, using Royal Mail Recorded Delivery Service.

 

BOOKING FEE / DEPOSIT PAYMENT

A non-refundable booking fee of 25% 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, this will be the agreed loss suffered by the Photographer due to cancellation. The 25% booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. The final 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.

 

OTHER PAYMENTS

Payment of the outstanding balance is due not later than one calendar month prior to the Wedding Ceremony. Late payment of the outstanding balance will incur a Late Payment charge of £20.00 per day.  If, fourteen days prior to the Wedding Ceremony, the balance outstanding and/or any Late Payment charges have still not been settled, the photography will be deemed to have been cancelled by the clients and all outstanding sums will become payable immediately.  

Payment for reprints and/or digital files is made at the time of ordering.  

Delivery of albums, reprints and/or digital files is free of charge within Northumberland and Tyne & Wear.  Outside these areas, delivery is by Royal Mail Recorded Delivery, charged at cost to the client.

 

CANCELLATION

The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. In the event the cancellation falls within 180 days of the wedding date, 50% of the outstanding balance shall become payable immediately.  In the event of a cancellation within 90 days of the wedding date, the full outstanding balance shall become payable immediately.

 

WEATHER

Weather permitting, the photographs will be taken as agreed in the pre-wedding consultation. In the event of any type of poor weather, the photographer will make appropriate changes to the photographic schedule and will do his best to produce similar indoor coverage of the wedding.  The Photographer cannot be held responsible for any disappointment due to the weather.

 

LICENCE

The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. The Photographer cannot be held responsible for any images missed under these circumstances.

 

PHOTOCHROMATIC ANOMALIES

The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres, it is sometimes impossible to record the exact colour of a garment as seen by the human eye. On reprint orders, the laboratory will produce high quality prints with pleasing flesh tones but cannot guarantee precise colour matching to the original prints.

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IMAGES & RETOUCHING

All image sizes are nominal. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The photographer's judgement regarding these corrections and the number of images put forward to the client for preview shall be deemed correct.

Retouching, digital manipulation and artist finishing is available to the client as an option at extra cost.

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REQUESTED PHOTOGRAPHS

Subject to weather, allocated time and the co-operation of those concerned, the Photographer will honour all specified photographs. These photographs must form part of the final wedding order.  The Photographer cannot guarantee any specific image.  

 

DELAYS & RESTRICTIONS

Delays beyond the Photographer’s control, such as late arrivals by the clients or any key guest, will result in fewer photographs being taken.  The Photographer cannot be held responsible for lack of coverage due to shooting restrictions imposed by officials in charge of the Church, Register Office or Civil Wedding venue. The area from which the Photographer is able to cover the ceremony may not be the Photographer's choice and the Photographer cannot accept responsibility for any obstructed view should this be the case. It is the clients’ responsibility to ensure that the time allocated for photography is agreed by their Church/Register Office/Civil Wedding venue/reception venue and transport company. 

 

VIDEO

If a wedding video is planned, it is agreed that the still photographs will take precedence and that the videographer shall not interrupt or disturb the photography schedule agreed at the pre-wedding consultation.  The Photographer cannot be held responsible for delays caused by the videographer.

 

COPYRIGHT

Under the terms of the Copyright, Designs and Patents Act 1988, the copyright of all photographs is retained by the photographer and 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 these Terms & Conditions without the express permission of The Photographer in writing. Unless written permission has been granted by the Photographer, scanning and/or copying any image invalidates these Terms & Conditions and releases the photographer from any further obligation. The Photographer shall be the sole professional (still) photographer at the venues specified. The Photographer may reproduce in any form any photographs taken on the wedding day.

 

CO-OPERATION OF GUESTS

It is recognised that the Photographer requires the goodwill and co-operation of the clients and their guests. The Photographer cannot be held responsible for images spoilt by uncooperative or inappropriate behaviour.  The photographer will endeavour to avoid taking photographs whilst subjects are blinking, but it is accepted that he has no control over this and cannot be held responsible for any resulting disappointment.

 

FORCE MAJEURE or ACT OF GOD

The due performance of these Terms & Conditions are subject to alteration or cancellation by either party owing to any cause beyond their control. 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.

 

LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to a full refund of monies paid. Neither party shall be liable for indirect or consequential loss.

 

PERSONAL ACCIDENT

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.

 

GOVERNING LAW

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