TERMS + CONDITIONS
In the following terms & conditions “the photographer” shall mean ER Photography. “The clients” shall be those persons defined as bride and/or groom on the booking form. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
- In the event that ER Photography cannot attend for any reason beyond their control, death, accident or illness or for any other reason then ER Photography will not be liable to compensate the client except to return any monies paid to date. In this event ER Photography will make every effort possible to provide a substitute photographer of similar skills and experience.
- If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon cancellation:
- All Holding Fees are non-refundable.
- Anything up to 180 days+ before the wedding 30% of the value
- Anything up to 90-179+ before the wedding 60% of the value
- Within 90 days of the wedding 100% of the value
2. Right To Withdraw
- ER Photography’s discovery of new information : example, changes to agreed terms, changes to location, changes to times or other factors that may distrust proceedings that have already been agreed at the initial booking also non-cooporation from clients ie: missed meetings, non-payment or late payment of invoices, late arrival at meetings then ER Photography have the right to withdraw.
- Should ER Photography withdraw from the contract all fees paid will be returned excluding the initial Holding Fee as they are non-refundable (see cancellation above), as well as fair market value for products or services delivered, in this circumstance a charge of £150 per hour is for services already provided to the client(s). Should the photographers personal safety or safety of their equipment come under threat during the wedding day, the photographer may cease their duties immediately, if part of the wedding is missed due to safety issues this is not the responsibility of ER Photography and no refunds will be given.
- A non-refundable holding fee of £250.00 and a signed contract will confirm your booking, as well as full acceptance of the terms and conditions.
- Dates are only reserved as and when a Booking Contract is signed and submitted to ER Photography with the Holding Fee of £250.
- Payment in full of the remaining balance will be due one calendar month before the wedding day.
- Part/full payment(s) can be made at anytime during the booking, all payment should be made via bank transfer to the details provided on the submission of the contract.
- Additional goods ordered must be paid for in full at the time of ordering.
- Titles to all goods remains with the photographer until paid for in full by the client(s)
4. Limited Liability
- ER Photography takes care with respect to the exposure, transportation and processing of images, including the use of professional equipment and professional backup equipment. However, in the unlikely event of the client(s) photographs are lost, stolen or destroyed for reasons within or beyond ER Photography’s control, the liability is limited to the return of all payments received for the contracted package described in your Contract. Your statutory rights are not affected. ER Photography has full public liability and professional indemnity insurance. The total limit of liability shall not exceed the total package price stated in the Contract.
5. Force of Nature
- The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc.
- In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid. Excluding any works completed such as a pre-wedding shoot or travel prepaid to meetings etc. The photographer’s costs of goods already received will be taken from the refund.
6. Images & Digital Images
- ER Photography will provide a collection of edited images to the client(s) in a private online viewing gallery and on a USB drive. The images will be provided as high-resolution JPEG files. No guarantee will be made on the total number of images provided. The images provided will be deemed the full and final collection and under no circumstances will RAW files ever be released. ER Photography will digitally archive and store your images for a period of 12 months after your wedding date. It is therefore the clients(s) responsibility to backup and store their USB drive.
- Images must NOT be altered in any way, this includes; No filters or changing the colour tones of the image(s) or converting to B&W, NO cropping of the image(s) or adding text. Any alterations to any image(s) must have full approval from ER Photography
7. Advanced Retouching
- The images provided to the client(s) will have been edited to the correct exposure, colour, contrast and tone in line with the artistic vision of ER Photography. Advanced Retouching is not included in the package price, eg: total skin smoothing, teeth whiting, scare removal, removing stray hairs or smudged makeup, removal of objects, swapping a face from one image to another, brightening of eyes, and body shaping or sliming enhancements). A quote can be provided upon request for advanced retouching, please contact us for more details.
- The copyright Designs and Patents Acts assign the copyright of the images to the photographer. The client will be granted printing and duplication rights.
- All digital negatives (computer files) remain the property of the photographer. The client will be supplied a copy of the edited digital negatives for their own non-commercial use.
9. Display & Model Release
- The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
- The client hereby grants to ER Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client(s) hereby releases ER Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
10. License, Coverage and Reproduction
- Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure.
- Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs however every effort is made to balance those during the editing process.
- For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer’s choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case.
- The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.
- The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgement regarding these matters shall be deemed correct.
- Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with the clients requirements.
11. On The Day
- The photographer is the only authorised and official photographer for your wedding day. Whilst it’s not necessary to feed ER Photography (Jo & John) it would be gratefully appreciated as it can be a long day, and often wedding venues are not in the location of a quick trip to search for food.
- The photographer will not be held responsible for interruption of the wedding day by the venue, such as force of nature, burst pipes, fire or any other situation deemed to be a health & safety hazard by the venue which results in an evaluation or stops the proceedings.
- We advice that you have the appropriate wedding insurance to cover any unforeseen situation that may stop the proceedings.
- If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
14. Personal Accident
- Any directions issued to client(s), their guests or employees during a photographic shoot are deemed to be at said persons own risk, the use of props such as smoke effects, additional lighting or costume. ER Photography will not be held responsible for any personal accidents, damage to clients(s) property, clothing or other during a photographic shoot.
- All wedding albums are collected or posted to the customer via courier at extra cost. This fee is currently £11.00.
- If an album has been purchased as part on booking then the clients must select images for the album within 12 months of receiving the online gallery. If album selections are not made within this time, the album is forfeit and no refunds shall be made by ER Photography.
16. Package or Inclusive Pre-Wedding Shoot with Guest Book/Signing Board
- The pre-wedding photoshoot and signing board purchased as part of a package or inclusive of coverage, these products are non-refundable, if a pre-wedding shoot does not go ahead or you decide not to have the signing board then these products are not refunded under package constraints only if purchased at full price or separately will these products be refunded.
- The pre-wedding shoot (PWS) takes place within a 10 mile radius of Manchester.
- The photographer accepts no responsibility whatsoever for damage caused to/by the Guest Book/Signing Board during the wedding day or after. The Guest Book/Signing Board is supplied “as is” and all use is at the client’s own risk.