All terms are agreed upon with paid retainer
TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Alexandra McNallen as Bespoke Photographer. “The clients” shall be those included in a photography session or booking a photography session for someone else. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer, this means that I retain all of the rights to the images, but with the print release, you can print them wherever you’d like. I also allow my clients to post the images to social media as long as there is a proper tag on the image to me @bespokephotographer.
i. 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.
3. CREATIVE LICENSE, COVERAGE, AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. 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 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.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable retainer fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The retainer fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due on the date of the photography session or event.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remain with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavor 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, a victim of crime, flooding, traffic conditions, vehicle breakdown, etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Digital negatives are only stored as long as the photographer permits, they are not kept forever. Please ensure that your images are downloaded and backed up to three stable places.
7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the session or event.
ii. The photographer will stay only as long as decided upon at booking. Staying longer is sometimes an option with additional fees.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons’ own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the retainer fee is forfeited.
i. The photographer will endeavor to deliver digital negative files as quickly as possible. However, this could take up 3 weeks for portrait sessions and 6 weeks for weddings and or events.