Terms - Paul Waring - Candid Wedding Photographer

Paul Waring Wedding Photographer – Terms & Conditions

By booking Paul Waring Photography you agree to all the terms & conditions below. It is agreed that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Business shall mean Paul Waring Photography

Client(s) shall mean “You” the parties to the Contract

Event shall mean the Event title on this contract

Photographer(s) shall mean Paul Waring Photography

Products shall mean any USBs, albums, online galleries or other items listed in the Contract

Services shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract.

1. GENERAL

This agreement contains the entire understanding between Paul Waring 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 Paul Waring Photography at the time of acceptance of this contract shall be recognised as amendments to this contract. By signing the wedding contract, the client(s) assign Paul Waring Photography exclusive rights to photograph the wedding. Paul Waring Photography will be the only professional photographer on the day of the wedding. Paul Waring Photography 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.

2. PAYMENTS AND BOOKING FEE

Upon receipt of the booking fee, Paul Waring Photography will reserve the date agreed upon, and will not make other reservations for that date. For this reason, the booking fee of 25% of the contracted wedding photography package is non-refundable, even if the date is changed or the wedding cancelled for any reason. The booking fee is to be paid at time of signing contract. The booking fee is applied towards the invoice total.

A further 25% of the invoice total is required 6 months prior to the event.

The remaining payment of 50% of the invoice total is required at least 28 days prior to the event.

The photographer will be in touch via email before these payments are due. If full payment is not received 7 working days prior to the event, the Photographer reserves the right not to be present to photograph the wedding event. Notice via email or telephone would be given by the photographer in these circumstances. Payments must be made via bank transfer (BACS) or via the online payment system (Stripe Systems) provided. Proof of payment will be available throughout the duration of this contract.

3. THE PHOTOGRAPHER AND LIMITATION OF LIABILITY

a) In the unlikely event of severe medical or other emergencies on behalf of the Photographer, every effort will be made to secure a replacement photographer. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.

b) The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.

b) Paul Waring Photography 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 Paul Waring Photography’s control, the latter’s liability is limited to the return of all payments received for the event package.

4. SPECIAL REQUESTS/COVERAGE

a) The Client understands and accepts that the photographic coverage will be as the Photographer’s expertise determines. Special requests are not binding instruction, although every effort is made on behalf of the Photographer to comply with the Client’s wishes, subject to weather and time permitting. A details form will be sent to the client six months prior to the event to collect such requests. Any special requests not notified on the details form must be made by the Client to the Photographer in writing.

b) No responsibility is accepted for any individuals missing from group shots, for whatever reason. The Client will be responsible for identifying people/objects of whom/which specific photographs are desired and will ensure the Photographer has been informed. The Photographer will make suggestions but it is the Client’s responsibility to assign time for group shots. The Client is also responsible for identifying any individual(s) that does not desire to be photographed. 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, Paul Waring Photography cannot place an unconditional guarantee on the above.

c) No photographs will be taken when guests are eating during seated meals.

5. HOUSE RULES

The Photographer is limited by the guidelines of the ceremony or reception officials. The client agrees to accept the technical results of their imposition on the Photographer. Negotiations with officials for moderation of guidelines is the Client’s responsibility. 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. Photographing parts or all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.

6. USE & DISPLAY OF IMAGES

The Client hereby assigns and grants the Photographer the right to use and publish photographs of the wedding to generally promote the Business. It is agreed that the photographer may display and use the photographs taken for display, promotions and any other purpose thought proper by the photographer providing they are used lawfully and without damage to the Clients. Other than printed products via the client gallery, the Photographer agrees not to resell any image to a third party other than with prior written consent. This also applies to any engagement/pre-wedding shoots.

7. COPYRIGHT & OWNERSHIP

Any digital files shall remain the sole property of the Photographer at all times.

Any images or copies of images are protected by the Copyright and Design Act 1988. The Client understands that no unedited images or RAW files will be released at any time. RAW versions of the delivered images will be stored and backed up by the Photographer for at least one year.

8. ROYALTY FREE LICENSE

For all images delivered in the online gallery the photographer retains the copyright however grants a Royalty Free (RF) License that permits the use of the images without further payment for any non commercial lawful purpose for an indefinite period. Uses include reproduction or making the image available on the internet for non-commercial use worldwide. The Royalty Free License does not permit the editing or selling of the images by the clients or third parties. Usage by third parties must be consented by Paul Waring Photography.

9. ARTISTIC STYLE

The Client acknowledges that it is familiar with the Photographer’s portfolio, has viewed image galleries containing a wide range of images from previous weddings and is requesting services with knowledge of the Photographer’s style; that the Photographer’s work is constantly evolving; that the Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use his personal artistic judgement to create images consistent with his personal vision of the Event. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. No digital alterations of reality on the day will be made during the editing process.

10. FORCE MAJEURE

The performance of this contract shall be contingent upon Acts of God, storms, flood, riots, fire, sabotage, pandemic, civil commotion or civil unrest, warfare, Government laws or regulations, failure of energy sources, acts of terrorism, strikes by suppliers and/or conditions beyond its control.

11. CANCELLATION AND CHANGE OF DATES

a) If the Photographer cancels the agreement, then any fees and booking fees will be reimbursed in full to the client.

b) Changes to the venue or other important details must be submitted in writing to the Photographer at least 14 days before the event.

c) Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. The Client will be liable to pay the Photographer the following sums as the photographer may be unable to replace the booking:

Notice received six months (182 days) or more prior to the wedding date: booking fee only
Notice received less than six months (182 days) but more than two months (60 days): 50% of the agreed balance due will be payable
Notice received 60 days or less: 100% of the agreed contracted balance will be payable.

d) The photographer will make reasonable effort to replace the event with another booking. In this case, any fees not including the 25% booking fee will be reimbursed to the client.

12. GUEST CONDUCT

The Photographer will not tolerate verbal or physical abuse. If the Photographer is threatened in any way or if the conduct of any of the guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refunds will be granted.

13. 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.

14. IMAGES

a) All image sizes are high resolution, at least a4 at 300DPI. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching as it is sometimes impossible to record the exact colour as seen by the human eye.

b) The client understands that there is no obligation for the photographer to release images before three weeks after the event.

c) The photographs will be provided in a secure, online gallery. This will remain online and accessible to the client for at least one year. It is the clients responsibility to download the images and to store them and adequately backup the files thereafter. Storage may include USBs, hard drive, the cloud/internet storage.

15. FOOD

The Client kindly agrees to provide the Photographer (& assistant/second shooter if applicable) with one meal on the day of the wedding, either seated with guests or in a room separated from the wedding guests/dining area.

16. GOVERNING LAW & JURISDICTION

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.