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Terms and conditions
It is agreed that the following terms set out 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.
James McCormick Wedding Photography This is purely a name and brand which is used for advertising and marketing purposes by James McCormick and Marcus McAdam. This contract is between the named photographer and the client alone, any other photographer associated with James McCormick Wedding Photography is in no way associated with this contract. Any monies are to be paid to the named photographer only.
Booking fee:
The booking fee is 25 percent of the total package chosen, and secures the time and services of the photographer for the wedding. This fee is non refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than twelve weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee so long as the photographer can re-schedule the new date and time.
Digital Archive:
The named photographer will supply a disk with all images two weeks after the wedding, from the that point it is the clients responsibility to ensure safe keeping of the images. The photographer will endeavour to keep an archive but this cannot be guaranteed .
Payments:
Following payment of the booking fee, balance of fees are to be paid 14 days prior to the wedding. Payment for additional images or materials is to be made at the time of order.
Display:
The photographer may display any photograph included in this contract in their studio, portfolio, literature, display areas, exhibitions, competitions, website, advertising, or trade shows.
Images:
All image sizes are nominal. The photographer will supply a pleasing colour balance, but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially synthetic fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye.
Retouching:
Retouching, digital manipulation, and artistic finishing is available to the client as an optional extra.
Re-orders:
All orders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Copyright:
Any images or copies of images, whether stored digitally or otherwise, and any computer programme including any source or object code, computer files, or printed documentation relating to such images are produced on the understanding that the copyright will belong to the client for home use only. Copies may be made by the client for friends and family, but may not be sold, publicly displayed, or used for advertising for any other company.
Licence:
The photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The photographer’s judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the unwillingness of subjects, it may not be possible to capture all the images requested.
Force majeure or act of God:
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Attendance:
In the unlikely event of the assigned photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf, and photograph the wedding to the best of their ability.
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 the total value of this contract. Neither party shall be liable for indirect or consequential losses.
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. Should cancellation be received by the photographer less than twelve weeks prior to the date of the ceremony, the client shall in addition pay a sum equal to 50% of the contract value. The said sum shall be payable for compensation as an estimate of the loss the photographer will suffer.
Prices:
All prices include the current rate of VAT
Complaints:
Any complaints should first be raised by the client with the photographer in writing within 21 days from the receipt of the images. In the unlikely event of an unresolved complaint, the client may request the Society of Wedding and Portrait Photographers or Master Photographers Association to mediate, but only on the basis that its decision shall be final and binding upon both parties. |
