Wedding Terms and Conditions.
Please note dhp.photography is references and is an abbreviation of David Howard Photography.
With respect to the creation of certain images (hereinafter referred to as the “Images”):
A. WHEREAS, Supplier is a professional photographer of good standing;
B. WHEREAS, Client wishes the Supplier to create the Images described more fully herein; and
C. WHEREAS, Supplier wishes to create such Images pursuant to this Agreement;
NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
The Supplier agrees to create the Images in accordance with the following specifications:
a. Project of Images: ____________________
b. Date of Event: ____________________
2.Photographer(s) (base cost):
Photography of event day at the sole artistic discretion of the Supplier. Client acknowledges that the photographer is a “photojournalistic” photographer and adheres to the said style. No shots throughout the day are guaranteed (such as, but not limited to, formals, first kiss, bouquet toss, etc.). Client acknowledges that the photographer(s) is using their artistic discretion to create photographs as the photographer sees fit. Photographer(s) will be present on event day and it is up to the photographer when enough images have been captured;
3.Grant of Rights (Copyright):
dhp.photography hereby grants to the Client the following exclusive rights to use the Images for use as (Personal Demo) for the product or publication named in paragraph 1(a). These rights shall be worldwide and for the full life of the copyright and any renewals thereof unless specified to the contrary here: Unless media sold to outside party. This grant of rights includes electronic rights, unless specified to the contrary here. Electronic rights granted shall be subject to the usage restrictions shown above. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DV media, computer databases, and network servers. The Client is obtaining prints and digital images for personal use only including non-commercial web sites.
4.Goods and Services:
dhp.photography will attend your wedding to create a photo journalistic service, and will take pictures during the ceremony and straight after, if however the location does not allow photographers during the ceremony, I will attend the reception instead.
Your final images will be edited and proofed online in a private secure gallery for you to choose a range of desired images as your printed items, and the final edited items that are not printed will be presented on a DVD.
Client agrees to pay dhp.photogrphy £100 minimum reservation fee upon the signing of this Agreement. Client agrees to pay the dhp.photography the remaining balance 14 days before day of photography services (day of event). Upon signature, the Supplier reserves the time and date agreed upon. For this reason, all reservation fees are non-refundable, even if the wedding date is changed or canceled for any reason. There shall be NO refund of any payment made.
Client is aware that the photographer is blocking off the particular date in question therefore turning away any other potential work on that date therefore there is no refund of any money paid. If final payment is not received, Dhp.Photography will not be expected to attend your wedding.
If you think you are unable to fulfil the remaining balance please contact dhp.photography as soon as possible to try and work out the best route for both the client and dhp.photography.
Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order. If additional hours are worked, products will not be delivered until payment for those products is received in full.
dhp.photography and any of his agents or third party associates will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, interference, accident, neglect, human error, loss of materials, acts of god, equipment or other failures.
dhp.photography is not responsible for loss of, or interference with, the photography due to restrictions on the location, wedding registrars, celebrants, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence).
7.Ownership of Physical Images and Storage Media:
The ownership of the physical Images in the form delivered shall be the property of the client. Sketches and any other materials created in the process of making the finished Images shall remain the sole property of dhp.photography. Storage media (such as computer disks and digital cards, raw files) that contain electronic copy of any or all of the Images shall be the sole property of dhp.photography. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the dhp.photography.
8.Refunds and Termination:
Subject to paragraph 4 (Fees), the Client may terminate this agreement up to 8 weeks prior to the Supplier’s commencement of work, booking fees and 50% of any money paid will be forfited (this outlines the loss of earnings for dhp.photography) and may terminate thereafter if the Supplier fails to adhere to the specifications or schedule for the Images. This Agreement shall also terminate in the event of the Supplier’s bankruptcy or insolvency.
9.Permissions to Photograph:
It is the sole responsibility of the Client to secure permission of the church, synagogue or other venue of the wedding for the Supplier to photograph the ceremony/event. The Client shall insure the placement of the bridal party, the officiant(s) and the altar decorations so as to not obscure the view of the bride and groom. dhp.photography will abide by the rules of the church/synagogue/Registrars in regards to camera placement and times been able to take photographs at the ceremony.
10.Final Photo Product:
The Supplier makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of dhp.photography, especially during live or unstaged events such as weddings. It is also understood that the Client is hiring the Supplier for his technical and artistic expertise and, therefore, the Supplier reserves the right to edit the Images as he sees fit according to his style of photography. The Supplier does not guarantee that everyone involved in the event will be photographed or will be included in the final Images.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Supplier from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life.
Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.
Requests for changes to the final Images upon handover will be subject to an editing surcharge of £20.00 per image.
12.Event Food Service:
It is clients’ option to provide the photographer and his assistant(s) a meal for events of 4 hours or longer. If no meal is provided, it is understood that the photographer and his assistant(s) will leave the event for one hour to purchase a meal. dhp.photography is not responsible for any photos that may be missed while obtaining a meal.
The signing of this agreement by the Clients constitutes a commercial model release by the Clients to dhp.photography. dhp.photography will have the right to make reproductions include but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. The Supplier will not make reproductions for other commercial use without first obtaining the written permission of the Clients. Client waives the right of tort of invasion of privacy due to any reproductions.
dhp.photography may substitute another photographer to take the photographs in the event of a photographers’s illness or of scheduling conflicts. In the event of such substitution, Supplier warrants that the photographer taking the photographs shall be a competent experienced professional Wedding Photographer.
dhp.photography shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding and other contracted event(s). Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere (standing in front of or behind the photographer) with dhp.photography’s duties and do not photograph poses arranged by dhp.photography without prior permission.
Due to the nature of typical wedding day and varieties of events taking place in several locations, the photographer will frequently move, change and secure his equipments throughout the day. It is likely that the photographer is not in the proximity as the couple, therefore, is not aware what is about to be taken place.
It is the responsible of the wedding coordinator/planner to inform the photographer when the next major event is about to take place. For example, starting of ceremony, first dance, cake cutting, toss of bouquet…etc. In addition, designated person shall be responsible in organizing and tracking all posed photos that are required.
The photographer is there to take photos of all groups in front of him but cannot be responsible in organizing and tracking all the groups.