By completing the Booking Form, you are making a legally binding agreement with Tony Morrison carrying on business as ‘Tony Morrison Photo’ (hereafter also referred to as “the Photographer” which expression shall include any replacement photographer appointed under clause 5 of this agreement).
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 (emailed agreement is also acceptable).
2 Booking Fee/Deposit Payment & Final Payment
Upon receipt of the Booking Fee/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 Booking Fee/Reservation Deposit of £300 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, force majeure, fire, strike and/or extreme weather medical emergencies etc. The Booking Fee/ is to be paid by the time of signing the contract. The Booking Fee/ 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. NB We strongly advise taking out wedding insurance to cover any potential losses before paying any suppliers.
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 Booking Fee/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 – namely 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. Transport costs outside of this 100 miles shall be charged at 45p per mile.
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 space for the photographer during these meal/s so that backing up of images already made can take place etc.
The photographer will provide their own food for the day – there is no need for the client to provide a meal for the photographer!
5 Force Majeure, Act of God and the Photographer’s 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), 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 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 6 weeks 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 or perceived potential endangerment to his health or equipment. Any such circumstances will result in the immediate suspension of coverage and the client being deemed as having cancelled the booking.
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.