DICKON CLARK PHOTOGRAPHY | CONTRACT FOR PHOTOGRAPHY | PHOTOBOOTH
“Guys….should anyone postpone their Photography / Photobooth Contract due to Coronavirus….any monies paid won’t be forfeited as stated in clause 10. ( cancellations ) They will be carried over to your new date ( this being subject to me being available on the new date….please contact me before firming up new date )…whenever that may be! Thank You.”
By this Contract with Dickon Clark Photography | Photobooth Hire (hereinafter Called ‘The Photographer’) it is mutually agreed that the Photographer/s shall provide services and/or goods as specified and that the Client shall pay the Photographer/s the amounts due for the said services and/or goods on the due date set out below.
Terms and Conditions
It is agreed that this contract will govern terms and conditions on which the Photographer/s will take images of the Client and it is agreed for the sake of certainty that this contract together with any written representations made by the Photographer/s set out the total contract made between the parties. No variation or modification of this contract shall be effective unless agreed by both parties in writing. However, this shall not limit the Client’s right to take action against the Photographer/s for false or deliberately misleading statements made verbally by the Photographer/s prior to signing this contract.
1. Booking Fee
A booking fee of £250.00 (“The Booking Fee ”) is charged when the Client agrees to this contract. The Booking Fee / Deposit is non-refundable and is deducted from the final balance as calculated by totalling fee due .
Following payment of the Booking Fee the remaining balance is due to be paid on or before 2 weeks prior. Payment for additional images is to be made when they are ordered for the prices stated upon order. Additional images are not included in the Price.
If the photographer wishes to display the images on social media or website etc he will ask permission from the bride and groom, if this permission is declined the photographer will not display them. The digital images supplied under this contract shall be free of any copyright restrictions,
The Photographer/s will provide a pleasing colour balance but the Client accepts and agrees the Photographer/s cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially in man made fibres and that it is sometimes impossible to record photographically the exact colour seen by the human eye.
Backing up your images. The images are given to you on memory stick/disc…it is not a good idea to rely on this form of storage permanently. they have a digital life. Please back up your images on several hard drives and preferably on a cloud server…Dropbox being a great option. we cannot take responsibility for faulty memory sticks or discs beyond 30 days after you have recieved them.
4c. If any images have special importance this should be made known to the Photographer by means of a written shotlist, in advance.
Retouching, digital manipulation and artiste finishing is available to the Client as an optional extra for an additional price to be agreed.
All reorders shall be treated as an extension of this contract and will be charged for at the Photographer/s prices prevailing at the time of reorder. No responsibility for error will be accepted unless orders are given in writing.
7. Matters Beyond the Parties’ Control
The due performance or alteration of this Contract is subject to alteration or Cancellation by either party owing to any cause beyond their reasonable Control. ( illness etc )
9. Limitation of Liability
If for any reason the photographer is unable to fulfil the contract due to illness etc.every effort will be made to find a replacement photographer…
The maximum liability that photographer has is limited to all monies paid.
Neither party shall be liable to the other for any losses that the other suffers as a result of the breach of the contract unless those losses are a foreseeable consequence of the breach. The Photographer/s cannot be held liable under this contract where the client is unhappy with the composition of any photographs where the Photographer/s have complied with his obligations under
Clause 7. l
10.1 The Client may cancel this contract at any time after it has been signed by sending a written notice to the Photographer/S.
10.2 If the Client notifies the Photographer/s more than 120 days before the date of the Photography due to take place then the photographer/s shall reimburse the Client all monies excluding the deposit ? Booking Fees which are non refundable.
10.3 It the Client notifies the Photographer/s that they wish to cancel the contract at any time within 90 days of the date of the Photography then the amount of refund ( exluding booking fee which is non refundable ) that they shall receive shall be calculated as a proportion of the Price in accordance with the table below: (detailing the amount refunded to the Client).
0 – 7 days 0%; 8 – 14 days 5%; 15 – 30 days 10%; 30 – 60 days 20%; 60 – 120 days 50%; more than 120 days 100%
In the event of a Cancellation of this Contract all Booking Fees / Deposits paid are non refundable.
11. Negatives/Digital Files
Negatives and Digital Files become the property of the client once they recieve them.
12. All prices agreed at booking stage are binding.
We will not use your details for any marketing purposes. As our client, we will only contact you by email, text, or post when we are required to as part of the service we are providing to you. This includes, but is not limited to, appointment reminders, and notifications that orders are ready. We will not use your images for display or promotion if you ask us not to, and we will double check your permission for this at your pre-wedding consultation.
No additional fees are charged for drone…( this applies to weddings ) there are many circumstances which prevent flying. The weather and changing regulations and permissions etc. therefore its use is not formally included in the contract.