1. General It is agreed that the terms set out in this booking form are the principal agreements made between the parties and that any variation or modification of this contract shall not be effective unless agreed by both parties in writing. By signing this form, the couple and/or their authorised agents, assign Hayley Gell (hereafter known as “The Photographer”) exclusive rights to photograph the wedding.
2. Payments Following Payment of the deposit, the remaining balance for the photographic services is due to be paid at least fourteen calendar days prior to the date of the Wedding.
3. Special Requests / Coverage The Client understands and accepts that the photographic coverage will be as the Photographer’s professional expertise determines. Every effort will be made to honour special requests and instructions agreed in advance, provided time and weather permit and the availability and co-operation of the person/s concerned. Coverage will also be dictated by any restrictions imposed by the officials controlling the venue. The Photographer shall be granted complete artistic licence to include the poses photographed, locations used and processing of images. Due to the changeable nature of the weather and the willingness of subjects it may not be possible to capture all the images requested, however every effort will be made to do so.
4. The Photographer On occasions and without notice, it may be necessary for the Photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
5. Images The photographer will use her judgement in utilising basic retouching and image manipulation where appropriate. The Photographer reserves the right to deal with specific requirements (after delivery) as additional work. Unedited (RAW) work is never released and images should not be altered in any way (besides cropping for social media) as this reflects unfairly on the product delivered by the Photographer and is an unfair representation of their work which may be viewed by others.
6. Copyright The Photographer retains all copyright and reserves the right to use images for the promotion of herself or her business without recourse or compensation to the client. Photographs may be used on the photographers website and social media, in various marketing forms, portfolios and submitted to wedding blogs and or magazines with the consent of the clients. The clients are granted a license to use the images; you are free to print from the digital source images and or copy the disc as you desire.
7. Artistic Style On it’s own behalf, and on behalf of the subject: The client acknowledges that it is familiar with the photographers portfolio and is requesting services with knowledge of the photographers style; that the photographers work is constantly evolving; that the Photographers services are of a unique and artistic nature; that the photographs may be different from the photographs taken by the photographer in the past; and that in creating the photographs the Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the event, which may be different from the Clients and / or the Subjects vision of the event. Accordingly the Client acknowledges that the photographs shall not be subject to rejection on the basis of changed taste or aesthetic criterion.
8. Digital Files Digital files will be provided as JPEG files. The Photographer is not liable for any incompatibility that may be incurred in playing back such images due to the client’s equipment nor the visual presentation of prints obtained from such files owing to the incorrect use of colour profiling on the client’s or third party’s equipment. Copyright of the Photographer extends to such digital images through a licence is granted to the Bride & Groom (or client placing the order) to use them for their own personal use where no monetary gain is involved. Personal use includes, printing images from the file, copying files as a means of securing a backup, publishing images to a non commercial web site and the distribution of images for non monetary gain, eg to friends and family. The copying or distribution of files, images and discs outside of this licence is in contravention of copyright.
9. Force Majeure The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. If the photographer cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to photographers illness, then the photographer shall return the deposit and fees paid in full to the client but shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged or lost through camera or equipment malfunction, lost in the post, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client's order.
10. Cancellation The Client may cancel this contract at any time by giving written notice to the Photographer but in doing so shall forfeit any monies paid. If the Photographer is forced to cancel the agreement then any fees and deposits will be reimbursed in full to the client. If you wish to cancel within 8 weeks of your wedding date the full fee is required.
11. Complaints Any complaints should be raised by the Client with the Photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
12. Archive images The Photographer cannot guarantee to secure copies of the images forever; images will be retained by the Photographer for a maximum of a year after the event.
13. Orders & Delivery The images will be completed and delivered to the desired address within eight weeks of the wedding date.