T&Cs & Privacy Policy

1 DEFINITIONS

For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “and “the Client” shall be interpreted as references to the Photographer’s Client.

For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Tony Morrison, and shall where the context so admits include their respective assignees, sub-licensees and successor in title.

“Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.

All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.

Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.

Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.

Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.

When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.

2 USE OF WEBSITE

This web site is owned by Tony Morrison Photographer (the "Owner"). Your use of this web site is conditional upon your agreeing to these terms. If you do not agree to be bound by these terms you may not use or access this web site.

This web site is provided by the Owner on an "as is" basis without warranty, either express or implied, including, but not limited to, any warranty as to title or merchantability and fitness for a particular purpose to the fullest extent permitted by the law. Use of this web site is subject to your both agreeing not to make or permit any unauthorised modifications to the web site, and acknowledging the risk of such modification by unauthorised third parties. If access to this web site has been restricted by means of a password granted to you, you will not divulge this password to any other person without the prior consent of the Owner.

3 CONTENT OF WEBSITE

The Owner reserves the right at any time without notice to change, revise or amend the content of this web site.

4 INTELLECTUAL PROPERTY AND COPYRIGHT

All photographs on this website are the copyright of Tony Morrison and are protected under UK and International copyright laws; all rights reserved.

No images herein are within the Public Domain. Viewing of this site constitutes agreement to the terms contained in this notice.

The intellectual property contained herein is for on-screen viewing only and may not be copied, scanned, reproduced, manipulated, sold, transmitted, publicly displayed or redistributed in any medium, either in whole or part, without the written permission of the copyright owner.

Unauthorised copying of an image from this website or failure to give an appropriate picture credit are infringements of the law and perpetrators will be prosecuted.

Where it is possible to purchase a photograph for personal use you are buying a copy of the photograph, not the copyright to that photograph. The copyright in all instances is retained by the photographer who captured the image.

No picture, whether as a printed photograph or electronic image, may be copied, scanned, reproduced, manipulated, sold, transmitted, publicly displayed or redistributed in any medium, either in whole or part, without the written permission of the copyright owner.

Printed photographs or low resolution digital images are supplied for private, non-commercial, use only. Where an image is provided for display on a computer, website or personal page on a social networking site or other social media, an appropriate picture credit must be given to Tony Morrison/ Tony Morrison Photographer.

If a photograph or image is required for commercial purposes an appropriate license must be purchased from Tony Morrison. Licences are personal to the purchaser and are not assignable by the purchaser to any third party. Please enquire for commercial license terms and conditions.

It is the responsibility of the user/publisher to check that they have the necessary permissions and are within the terms of any licence granted by Tony Morrison, or are acting within permissions granted by law.

The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and in perpetuity unless explicitly assigned in writing and signed by the Photographer and the Client.

To avoid confusion, where a 'Buyout' is requested, it shall be taken to mean 'exclusivity' and thus shall increase the value of the fee. A 'Buyout' will not transfer copyright to the Client, nor shall it mean in perpetuity.

Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.

Nothing in these terms shall operate to grant to you any intellectual property rights and goodwill in any of the content of this web site, including without limitation any trade and service marks, trade or business names, domain names, design rights, copyright, moral rights, database rights (whether or not any of these is registered), know-how, confidential information and trade secrets used and employed.

The Client(s) hereby allow(s) The Photographer to display a short selection of the very best photographs covered by this contract and to promote the business in advertising, brochures, magazine articles, websites and social media. The Photographer will only use images that he feels portray The Client in a positive manner. The Client agrees this to be acceptable.

5 LICENSE TO USE IMAGES – WEDDINGS & CHRISTENINGS

The License to Use comes into effect from the date of payment of the relevant invoice(s).

The Client can reproduce an unlimited number of images from the images supplied as part of a photography package purely for The Clients own use.

The Client(s) hereby allow(s) The Photographer to display a short selection of the very best photographs covered by this contract and to promote the business in advertising, brochures, magazine articles, websites & social media. The Photographer will only use images that he/she feels portray The Client in a positive manner. The Client agrees this to be acceptable.

Digital copies of images produced by The Photographer may not, at any time be edited, manipulated with software (e.g. Photoshop) or used for commercial purposes by any persons, at any time, without consent of The Photographer.

The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise, are protected by the Copyright and Design Act 1988. 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.

The Client agrees to indemnify The Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction (without being granted proper reproduction rights) of any image supplied to the Client by Tony Morrison Photographer.

6 LICENSE TO USE ALL OTHER IMAGES

The License to Use comes into effect from the date of payment of the relevant invoice(s).

No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.

Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.

Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed.

Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the license to use further charges will be made.

Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied.

On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.

7 RIGHT TO A CREDIT  

The License to Use requires that either the Photographer’s name ‘© Tony Morrison’ or '© Tony Morrison Photographer' or ‘Photo by © Tony Morrison’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s), in print and online. The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

The publication of any Photograph(s), in print or online, without appropriate credit will be subject to an additional 100% fee.

8 SUPPLY TO THIRD PARTIES

The license only applies to the Client and product stated on the License to Use.

9 ELECTRONIC STORAGE

Save for the purposes of production for the licensed use(s), the Photograph(s) may not be stored or archived in any form without the written permission of the Photographer.

Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.

Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. However, The Client accepts that the Photographer will endeavour to store all digital media from a photographic shoot for a period of at least 5 years should The Client want images reproduced due to loss, theft or damage. Charges will be incurred for the recovery & reproduction of such images.  The storage of said data will be on password protected digital storage media.

10 EXCLUSIVITY 

Unless agreed to in writing on the License to Use and the Invoice no exclusivity FOR USE OF IMAGES is given or implied to The Agency and/or The Client.

The Photographer retains the right in all cases to use or sell any images made.

Exclusivity of the USE OF IMAGES will not be unreasonably withheld but only on written agreement with the Photographer before work commences

In the case of wedding photography, Tony Morrison will be the sole and exclusive photographer hired by clients to cover their wedding - Tony Morrison will source second and subsequent shooters for clients if this is necessary

11 CONFIDENTIALITY

You shall use your best endeavours to preserve the confidentiality of any information identified by the Owner prior to disclosure to you as confidential or proprietary information. The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.

12 LIMITS OF LIABILITY: WEBSITE

To the fullest extent permitted by the law, neither the Owner nor any of its directors, employees or agents shall be liable for:

(a) any direct, indirect, consequential, special or other damage howsoever resulting from your use of this web site;

(b) any inaccuracies or typographical errors in the content of this web site or interruptions howsoever caused in its use;

(c) any detrimental reliance by you either on the content of this web site or its suitability for your purposes;

(d) any viruses, worms or other items of a destructive nature downloaded or otherwise received from this web site;

(e) any modifications or corruptions arising from any unauthorised third party access to this web site;

(f) the content of any web site which may be accessed through or linked through to from this web site over which the Owner does not exercise any control whether financial, editorial or of any other kind.

In no event shall the total liability of the Owner to you for all or any loss or damage incurred by you exceed the total amount paid by you, if any, to the Owner for access to and use of this web site.

13 FORCE MAJEURE, ACT OF GOD & LIABILITY

Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

The due performance of this contract is 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 always available, the photographer will not be responsible for photographs that are not produced due to technical failure.

In the unlikely event of The Photographer being unable to attend due to unforeseen circumstances, i.e. acute illness, accident, The Photographer reserves the right to appoint another photographer to attend your Booking on your behalf to undertake the wedding photography to his/her best ability. In the unlikely event of this not being possible, the liability of one party to the other shall be limited to the total value of the contract.

In the unlikely event of a total photographic failure due to theft, loss or complete electronic failure of digital storage media or photographic equipment the liability of one party to the other shall be limited to the total value of the contract/ proportion of the contract relative to the number of images supplied.

Neither party shall be liable for indirect or consequential loss.

Any directions issued to clients, their guests or employees, by The Photographer, 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.

14 INDEMNIFICATION

It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.

It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.

It is the responsibility of The Client(s) to notify and seek the permission of all parties involved (be it persons in attendance or the management of venues) that digital images will be taken, used and stored by The Photographer.

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 cannot accept responsibility should it be impossible to access the optimum view point or be restricted to a view point where there are objects that affect images.

The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.

In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Tony Morrison, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.

You will indemnify the Owner as is reasonable in the circumstances if a third party makes a claim against the Owner based on any actual or alleged:

(a) negligent or wilful acts or omissions committed by you or persons authorised by you;

(b) failure by you or persons authorised by you to comply with all or any legislation or government regulation governing this web site or its use;

(c) infringement by you or persons authorised by you of any intellectual property rights in any of the content of this web site.

15 PRIVACY POLICY

You have read and agree to the terms of the Owner's Privacy Policy displayed on this web site below.

16 PRIVACY POLICY

Tony Morrison Photographer ("We" and "Us") is committed to ensuring that the privacy of those who use this web site is protected. This policy explains how We use the information that We collect about you. If you have any queries concerning your personal information or any questions on our use of the information, please contact Tony Morrison Photographer here: tonymorrisonphoto@gmail.com.

When you register with us, we will need certain information from you to enable us to provide our services. You will be required to provide information about you and/or your business such as names and addresses used, contact details, and other basic information. In addition, we may collect other information from you in the course of your use of the web site or your submission of comments and/or requests to us.

The personal information collected is used to enable us to provide our services to you, and will be encrypted and stored on a secure computer which is password protected. We use this information solely for administration purposes and/or to provide our services. In addition, we may use this information to establish a payment mechanism, for statistical purposes, to improve the web site and our services to you, to notify you of products and services which we think may be of interest to you or to confirm that you use our services. This may entail the disclosure of the personal information by us to selected third parties e.g. photographic labs when hard prints are ordered through our website.

The infrastructure of the internet is global. It is not possible to predict the routes that information sent over the internet will take. Therefore, the information you provide from a source within the European Economic Area may be transmitted via a route that takes it outside that area as it passes between you and us.

GDPR: As of April 2018, in accordance with The EU ruling regarding General Data Protection Regulation (GDPR), we will retain information which is pertinent only to the single event for which the organisation has been employed. Information held by The Photographer about the Client can be requested by the Client at any time and will be given over in full within 14 working days of the request for information. The information required by The Photographer (such as names, address, phone numbers) will be held from the time of booking on his Client Register in order to retain contact information for such things as product deliveries etc. This information will be kept on encrypted hard-drives and will only be offered to third parties to facilitate Client requests e.g. photographic labs when hard prints are ordered through our website.

Included in the regulation are permissions for the images of people to be used. By signing the contract, the Client confirms that permission to use images of both the Clients and their guests, has rightfully been obtained and given to the Photographer. This includes images used by the Photographer in blogs, on social media and on the website. Thus, the Client/s grant the Photographer and his legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients and their guests for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

By using this web site, you consent to the collection and use of your personal information in the manner set out above. If we change or modify our privacy policy, we shall post these changes on this page.

17 PRINT SALES

All of the descriptions of the goods and services within this site are accurate to the best of our knowledge. We correct all errors as soon as we are aware of them. The images provided as prints on the Tony Morrison Photographer website are the property of Tony Morrison (the copyright owner) and are used by Tony Morrison Photographer with permission. No rights are conferred in the purchase of a print from Tony Morrison Photographer. You must not use, copy, modify or share these images in any manner.

18 DAMAGE TO PRINT SALES

It is the customer's responsibility to check for any damage that may have occurred during transit. You have 24 hours from the time of delivery to report any damage to us. It is essential that you contact us within the 24 hours, so that we can claim compensation when applicable on your behalf, and reprint the print(s) for you.

19 PAYMENTS, CANCELATIONS & REFUNDS FOR WEDDINGS AND CHRISTENINGS ETC

It is agreed by the Client(s) that the cost and terms set out by the photographer will not deviate from the Contract of Agreement and shall remain effective unless agreed by both parties in writing.

Payment can be made securely by Paypal, Credit Card, BACS Transfer, Cash or Cheque (made payable to Tony Morrison). All forms of payment to the photographer must clear before any work for the client commences.

Refunds will be made in full to the client within a 14 day cooling off period providing no specific, non-transferable work has commenced. Should this be the case, any costs incurred that are specific to the client will be non refundable. Refunds after this 14 day period will incur a 50% cancellation fee to cover some of the losses incurred by the photographer.

Therefore, for Weddings & Christenings etc, 50% of the total fee is non-refundable in the event of cancellation for any reason after a 14 day period.  Making a booking with The Photographer is in itself, complete acceptance of the Terms & Conditions as published on the photographer's website and secures the time and services of the Photographer as requested by the Client on a given date. 50% being the Clients acceptance of losses suffered by the photographer due to cancellation.

For Weddings and Christenings, a 50% deposit of the total costs are to be made within 7 days. This deposit 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 three calendar months before the wedding day/ christening etc. The photographer will retain all payments made for Weddings that are postponed to a later date as long as the photographer can re-schedule for the new proposed date and time.

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 the delivery or quality of the service should the photographer not be notified with adequate time.

Clients may cancel this contract at any time providing notice of cancellation is given in writing and addressed directly to The Photographer/s. If this notice of cancellation is outside the 14 day cooling off period, the Client shall forfeit 50%. Cancellation less than 2 calendar months before a booking will result in the full payment being non refundable, it being the Clients acceptance of losses incurred by the Photographer. All cancellations must be in writing and reach The Photographer within said time limit

Once payment has been made for any package it is the complete acceptance by The Client to the T&C's under which Tony Morrison Photographer operates.

20 PAYMENT FOR COMMISSIONED WORK

Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.

Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 each and all other costs for the recovery of debts including bank charges.

A further charge of 5% over the Nat West Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.

Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.

21 EXPENSES

Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.

22 REJECTION

Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.

The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct.

23 CANCELLATION & POSTPONEMENT FOR COMMISSIONED WORK

A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.

24 RETURNS

The Colour settings and the type of your computer monitor that you use to view your image, have an influence on the perception of how your image should look. You should be aware that images viewed in the majority of web browsers are not colour accurate, and that prints may look slightly different. There is also a variation between different paper types. If precise colours are important for you, you should contact us for more information before placing your order. As we cannot guarantee the accuracy of your monitor, we will not accept colour reproduction as a valid reason for return. Due to the bespoke status of these artworks, items that are delivered as described and in good condition may not be returned but damaged items will be exchanged free of charge. We reserve the right to charge for re-posting returned orders, which have been especially produced to meet your personal requirements. We reserve the right to contact you via telephone or email should we have any questions about your image prior to printing.

All image sizes are nominal. The Photographer/s will attempt to 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 on digitally the exact colour as seen by the human eye.

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.

The Client accepts images received by The Client on digital storage or printed media will be the final edited images and The Client accepts that further retouching, digital manipulation and artist alteration beyond this point is available, but at extra cost.

All printed media, be it Photo Albums or Photographs shall be treated as an extension of this contract and no responsibility for error will be accepted unless image quality is deemed to be grossly defective or unacceptable, more specifically, misprints, poor print quality or colour reproduction that is deemed to be vastly different to that of the real life item. The Client must inform The Photographer in writing specifics relating to final image preferences (be it, in a particular style, black & white, etc) or The Client deems the artistic vision of The photographer to be correct.

The Client accepts the artistic ability, vision and opinion of the final edited images based on previous art work and images published on tonymorrison.co.uk. The Client confirms at the time of booking, The Photographer produces the type of photography the Client wanted to purchase and accepts this to be correct. The Client confirms that he/she viewed The Photographers portfolio prior to booking and it was said images that influenced the booking and concluded in the signing and complete acceptance of The Photographers Terms and Conditions.

25 FREE PRACTICE PRE-WEDDING SHOOT AS PART OF INITIAL WEDDING CONSULTATIONS 

As part of the initial consultations with prospective clients, the photographer offers a free, no obligation pre-wedding photoshoot. This offer is subject to finding a mutually agreeable date, time and location. This will normally be in south Staffordshire or adjacent areas and at daylight times when the photographer is not already booked or editing. Prospective clients should note that the photographer's diary gets booked up quickly on Fridays and at weekends and so it is not always possible to provide such times/dates.

It is the prospective clients' responsibility to ensure that adequate permissions are obtained for the use of the agreed location/s for an pre-wedding shoot. 

The prospective clients' participation in the free practice pre-wedding shoots are entirely at their own risk

In the unlikely event of a photographic failure or postponement or cancellation of this shoot by either party or in any other circumstance the liability of one party to the other shall be limited to zero. Neither party shall be liable for indirect or consequential loss.  

Any directions issued to participants in the shoot, 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.   

The Photographer will edit a range of the images made during the photoshoot and make these available to the prospective client for viewing through a gallery on his website. The prospective clients will thus receive an edited selection of high-resolution JPEG digital images. The exact number of images produced will depend on the nature of the shoot. The Photographer shall be granted artistic licence in relation to the poses photographed. The Photographer’s judgement regarding the locations/poses and number of images taken and produced shall be deemed correct.   

All image sizes are nominal. 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 on film or digitally the exact colour as seen by the human eye.   

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 prospective clients for preview shall be deemed correct. Other retouching, digital manipulation and artist finishing is available to the prospective clients as an option at extra cost.  

The entire copyright in the photographs is retained by the photographer at all times throughout the world. The prospective clients must seek permission for use beyond reproduction and printing for friends, guests and family. Reproduction for friends, guests and family is licensed to prospective clients by the Photographer.  

The prospective clients hereby allow the Photographer to display any images made during the shoot and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, social media, sample albums and other such media etc., providing that the images are used lawfully and without damage to the prospective clients.   

The prospective clients understands that it is unlikely that photographs will be released before three weeks and at busy times, the editing process may take up to one calendar month before the first edits will be released.  

The prospective clients understands that no unedited images will be released. 

Prospective clients will be able to select one full resolution image for free download from the gallery of images provided by the Photographer. The prospective clients will be able to purchase any of the additional digital images and prints from this gallery should they wish. If the prospective clients subsequently book The Photographer for their wedding photography, The Photographer will make all the high and low resolution digital images in the gallery available to the clients for download as part of their wedding package.  

Typically this free practice pre-wedding shoot will last for approximately 20 minutes or so depending on conditions at the location/s used. Prospective clients can book a longer shoot should they so wish for which a separate charge will be made depending the on the length of time chosen by the prospective clients. If prospective clients would like to take advantage of this service, they should inform The Photographer upon booking.

26 APPLICABLE LAW

This agreement shall be governed by the Laws of England & Wales.

27 VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.

28 NOTE:

For more information on the commissioning of photography refer to the guidelines produced by the Association of Photographers.

29 EXEMPLAR WEDDING PHOTOGRAPHY TERMS & CONDITIONS

1. Introduction 

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Clients and the Photographer shall be recognised as amendments to this contract. 

2. Booking Fee/Deposit Payment 

Upon receipt of the Reservation Deposit, Tony Morrison Photo will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of 50% of the coverage is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract. The Reservation Deposit is applied towards the contracted wedding photography package. The Client understands and agrees that the entire amount owed for the wedding photography package is due three months before the date of the wedding or on the signing of this Contract – whichever is later. 

3. Cancellation 

In the event that the Client cancels the contracted services for wedding photography outlined in this contract outside the 14 day ‘cooling off period’ and before the wedding ceremony takes place, the deposit will be forfeit. The Photographer agrees to refund all additional paid money (less expenditures for which receipts will be provided), to the client according to the terms and conditions shown on his website. Cancellation less than 2 calendar months before a booking will result in the full payment being non-refundable. All cancellations must be in writing and reach the Photographer within said time limits. 

4. Expenses 

The Client is responsible for the photographer’s transport costs to and from the wedding venue if this exceeds 100miles from Lichfield and Sowerby Bridge in West Yorkshire. Thus, if the wedding venue is within 100 miles of either Lichfield or Sowerby Bridge, no transport costs will be charged to the Client. 

The Client is responsible for the costs of any accommodation required by the photographer. 

If photographic coverage is required both before and after the wedding dinner/s, the client is responsible for providing a meal for the photographer, served at the same time as the Wedding guests. (This does not need to be the same food as the wedding dinner and does not need to be served in the same location – a sandwich etc is perfectly sufficient). 

5. Force Majeure, Act of God and Attendance 

In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. The Photographer will make every effort to secure a replacement photographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received. 

The Photographer takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Tony Morrison Photo’s control (e.g. technical failure), the Tony Morrison Photo’s liability is limited to the return of all payments received for the event package or the reasonable costs of restaging photographs by Tony Morrison Photo of the couple and their families at a later date. 

6. 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 the contract. Neither party shall be liable for indirect or consequential loss. 

7. 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.   

8. Photographic Style & Coverage 

The Photographer will document the events in a candid manner and take formal portraits as necessary. The Client should provide a full list on the ‘Indicative Shots List’ form of formal photographs required - including names and relationship to the client where possible. 

Prior to or during the event, the Client may inform the Photographer of subjects which they would like photographed, but the final content of the images is at the discretion of the Photographer. 

Although every possible care will be taken to produce photographs of all important and special events during the wedding, Tony Morrison Photo cannot place an unconditional guarantee on the above. 

The client will receive an edited selection of high-resolution JPEG digital images. The exact number of images produced will depend on the actual nature of the event.  

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 and produced shall be deemed correct. Due to the vagaries of the weather, the willingness of subjects or other circumstances it may not be possible to capture all the images requested. 

All image sizes are nominal. 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 on film or digitally the exact colour as seen by the human eye.  

9. Retouching 

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. Other retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost. 

10. Copyright and Use of Images 

The entire copyright in the photographs is retained by the photographer at all times throughout the world. The client must seek permission for use beyond reproduction and printing for friends, guests and family. Reproduction for friends, guests and family is licensed under this agreement. 

The Clients hereby allow the Photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, social media, sample albums and other such media etc., providing that the images are used lawfully and without damage to the clients.  

11. Release of Edited Images 

The Client understands that it is unlikely that photographs will be released before three weeks and at busy times, the editing process may take up to one calendar month before the first edits will be released. 

The client understands that no unedited images will be released. 

12. Venues 

The photographer is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; the Photographer will offer technical recommendations only. For a booking involving a church ceremony or at certain other venues, the photographer's movements are sometimes restricted by the official in charge. 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. 

13. Exclusivity 

The Photographer will be the only professional photographer on the day of the wedding. The Photographer reserves the right to ask other people to refrain from taking photographs at key times, if it is considered that this may compromise the quality of the photographs. The Photographer cannot be held responsible if the quality of any of the final images produced is adversely affected by other photographers or videographers present at the event. 

14. Welfare 

Tony Morrison Photo will not tolerate any level of verbal abuse or aggression. Either will result in the immediate suspension of coverage. 

15. Terms and Conditions 

The Client understands and agrees to the terms and conditions shown on the Photographer’s website as at the date of this Contract, which shall apply to this Contract so far as they are not inconsistent with the specific terms and conditions set out in this signed document which shall have priority in the case of any conflict or inconsistency. 

16. Governing Law 

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

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this Contract as a whole shall not be affected, and the other provisions of the Contract shall remain in full force and effect. 


29 Full version of the PhotoDeck Terms and Conditions