These Terms & Conditions have been written to protect both you, the Client, and I, the Photographer. Please note that making a confirmed booking, settling your invoice, or downloading or making use of your images, are all considered implicit acceptance and agreement with all the relevant terms and conditions of your shoot.
For the purpose of this agreement the “Photographer” shall refer to Stuart Dudleston Photography or, if agreed, other photographer representing Stuart Dudleston Photography and the “Client” shall, where the context so admits, include the Client’s respective assignees, sub-licensees and successors in title.
No variation or modification of these terms shall be effective unless agreed by both the Studio and the Client in writing.
Confirmation & Booking
A non-refundable booking fee, the amount of which is outlined in the package details, may be required together with the fully signed contract or booking form. Dates are only fully reserved when the booking fee is paid using BACS online bank transfer (preferred), or cash.
The booking fee covers the agreed loss to the Photographer in the event of a cancellation. Shoots that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.
Where confirmation is issued by email, the sent date of the email is considered the confirmation date.
Price & Payment
Price is subject to timings, shoot requirements, usage requirements, and other Package inclusions as agreed between Client and Photographer prior to booking. Should the Client make changes to these details after confirming booking, they should inform the Photographer as soon as possible.
If the Photographer determines that the changes result in an increase in time spent and expenses incurred by the Photographer, or an increase in the usage required by the Client, the Photographer reserves the right to adjust the price accordingly and re-submit an updated invoice.
If the invoice is not paid in full by the specified date, the Photographer reserves the right to charge a penalty fee plus interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
Following payment of the booking fee (if required), the balance is due to be paid no later than the date specified on the invoice. Depending on the shoot, final images may be withheld until the invoice is settled in full, unless otherwise agreed in writing between the Photographer and the Client at time of booking.
Payment for anything additional is to be made after the wedding at the time of ordering. All prices quoted at time of booking will be honoured, regardless of the actual booked date and whether prices rise of fall.
The due performance of the Terms & Conditions are subject to alteration or cancellation by the Photographer owing to any cause beyond their control. In the unlikely event of a total or part photographic failure, injury or sickness beyond the Photographer’s control, the Photographer’s liability shall be limited to a full refund of all monies paid.
Limitation of Liability & Disclaimer
The Photographer agrees that every effort will be made to provide high quality photographic services. In the unlikely event that a full mechanical failure should occur to the Photographer’s equipment or that the Photographer is unable to provide the couple with the agreed photographic services and/or products outlined, or if the quality of the services and/or products is deemed to be substandard, the Photographer and the Client agree that the Photographer is not responsible for any other consequential damages, emotional or otherwise, and that the Photographer’s liability shall be limited to a full refund of all monies paid.
The Photographer cannot be held responsible for the lack of coverage brought through cause beyond their control. The Photographer does not guarantee any specific content nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the client’s wishes. The client agrees to accept the technical results of their imposition on the Photographer. Negotiation with any officials for moderation of guidelines is the Client’s responsibility.
If the Photographer has to cancel for reasons beyond their control, for example including by not limited to sickness, injury or death, the Photographer’s liability shall be limited to a full refund of all monies paid.
The client may cancel this contract at any time with a full refund of the balance, although it must be outlined that any booking fee is non-refundable from the time of signing the contract and booking fee payment.
In the unexpected case of a complaint, the Client should raise said complaint with the Photographer in writing within 7 days from the date of receipt for the work. The Photographer will endeavour to respond to any complain within 5 working days.
Please note that making a confirmed booking, settling your invoice, or downloading or making use of your images, are all considered implicit acceptance and agreement with all the relevant terms and conditions of your shoot.
For the avoidance of doubt, all copyright in the images is owned absolutely by the Photographer within the provision of the Copyright, Designs and Patents Act 1988. It is contrary to this act to copy or allow to be copied photographically, electronically or by any other means any image created as part of this contract without the express permission of the Photographer.
The client waives any right to inspect or approve the finished use of the images and that the copyright belongs solely to the Photographer, as per the United Kingdom Copyright Act 1988. The Photographer and all licensees and assignees are released of any liability whatsoever, by reason or any distortion or alteration or use in composite or other form, whether intentional or not, which may occur in the making or use of the images.
Rejection & Re-Shoots
The Client agrees to accept the Photographer’s creative and technical judgment as to the execution of the image(s), and the Client has no right to reject images or refuse to settle the fee on the basis of style or composition.
If the Client requires a re-shoot, the Client agrees to pay the Photographer an additional fee of one hundred percent of the fee stated in the invoice for the original shoot, plus all expenses for the re-shoot.
If a re-shoot is required for reasons beyond the control of Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional full creative fee, but the Client agrees to pay all expenses for the reshoot, including but not limited to travel and time expenses.
Digital File Archive
If the Client has received or purchased digital images, it is the Client’s responsibility to properly store and archive these. While the Photographer may choose to archive the images as part of their own business practices, the Photographer cannot guarantee the availability of any image(s) beyond the date of first delivery to the Client.
The Client is aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable. The Client hereby releases the Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.
The Photographer shall strive to accommodate reasonable requests in regard to poses used, locations used and group shots taken. The Photographer shall, however, be granted artistic license during the production and post-production of the images.
Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all content and photographs requested.
The Client agrees that they are responsible for providing all of the correct details regarding the date, time and each address the Photographer should attend for the shoot(s). They also agree that they have responsibility to check that all building names, street, road and postcode details match. If the Photographer arrives at the address outlined by the Client, the Photographer will be deemed to have arrived at the correct address. Should the correct postcode be disputed, the Royal Mail will redefine the correct postcode.
Acceptance of Terms
In addition to oral and written agreements, Client confirmation of the booking, or any use of any image(s) by the Client (including but not limited to downloading the high resolution files) will constitute acceptance of all the above terms and conditions.
Client may not assign or transfer this agreement or any of the rights granted hereunder. This agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and the Client is bound by, the Client’s oral authorisations for any additional image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.
This agreement will be deemed to be a contract made under the laws of England and Wales, and for all purposes will be interpreted in its entirety in accordance with these laws. The Client specifically and irrevocably confers personal jurisdiction over it by the courts of England and Wales. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of the Photographer.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this aAgreement and shall not affect the validity and enforceability of any remaining provisions.