ENTIRE AGREEMENT:
In the conditions of this agreement “the photographer(s)” shall mean Samuel Barber Photography and any photographers appointed by Samuel Barber Photography. The Client(s)” shall be those whose name(s) appears in the “Full names and contact numbers of the client(s)” section of this agreement. If the client(s) arrange for a third party to meet the costs of this contract the contract remains with the client(s). The due performance of the contract is subject to the conditions below. These cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by the photographer(s) in writing. This agreement contains the entire understanding between the photographer(s)”, and The Client(s). It replaces any prior agreements that may have been made. The Client(s) will be contacted by one of the photographer(s) prior to the day to discuss their requirements, if this is a surprise or for any other reason and you would like us to contact somebody else responsible for the photography arrangements then please let us know. Otherwise all correspondence will be made with The Client(s). The Photographer(s) will provide coverage for the length of time that is agreed upon in this agreement, your coverage cannot be split, it must run continuously for the duration. The photographer(s) has the right to stop taking photos once this time comes to an end. When this time comes but there are still parts to your day that you would like covering, ask the photographer(s) if they can stay longer and they may be able to however additional costs will apply which are priced at the time of ordering, you would be billed accordingly after your day. The photographs taken as a result of this extra time will only be provided to the client(s) once payment is received. If payment is not received within 28 days of your event date, we have the right to prevent the client(s) access to these images permanently.
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1. CONFIRMATION:
A Deposit is necessary to confirm the stated wedding services of the Samuel Barber Photography. Our services are subject to cancellation and deposit forfeiture if not paid in full by the due date.
2. PRE-WEDDING CONSULTATION:
After receiving your Booking and Payment the I will be in touch with you over via email to discuss the details for your day, and will be available to chat at any point from here on. I do prefer to meet with you face to face to get to know you better and for you guys to get to know me, although for logisitcal or time reasons this isn't always possible.
3. COPYRIGHT:
Copyright of the photographs remains with the Samuel Barber Photography. Upon full payment the Samuel Barber Photography will give permission to The Client(s), to re-print their photos, and to share on social media websites under the following conditions. The digital images taken by the photographer(s) are for personal, non-commercial use by The Client(s). If selling the wedding photos for profit The Client(s) must obtain permission from Samuel Barber Photography.
The Client(s) allows Samuel Barber Photography to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).
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5. LICENCE, COVERAGE & REPRODUCTIONS:
a. Photographs taken during the course of the event will be at the discretion of Samuel Barber Photography although every effort will be made to comply with The Client(s) requirements. b. The Samuel Barber Photography 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. c. 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 use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official. d. For a wedding or other event booking Samuel Barber Photography shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons. e. Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of Samuel Barber Photography and in some circumstances (such as the change of ceremony date for a wedding) Samuel Barber Photography may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances Samuel Barber Photography is not liable to compensate the client(s) in any way whatsoever. f. In cases where the wedding does not run on time (for example, extreme lateness by the bride arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate. Please let us know of any changes to your day which may include venues, timings, or contact details as soon as you can to avoid any unnecessary complications prior to, on the day of your Wedding, or after your event. The Samuel Barber Photography cannot be held responsible for any problems caused if we have not received up-to-date information in writing (sent by Royal Mail special delivery) prior to your day. All correspondence should be sent to the address listed at the top of this agreement. g. It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance. h. Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor. The monitors used by Samuel Barber Photography for final image editing are all colour profiled and checked weekly for accuracy of colour. The Client(s) should be aware that certain lighting conditions and materials will cause colour to be recorded differently. Where possible we will attempt digital correction of this. i. All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s). j. Although all equipment is checked regularly and backup equipment is available, Samuel Barber Photography will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
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6. PAYMENTS/PRICES:
a. In the event of The Client(s) cancelling the wedding for whatever reason, written confirmation will be required (sent by Royal Mail special delivery). A non-refundable deposit (amount specified on this document), paid by cash,paypal or bank transfer will confirm your booking. By paying the deposit you are agreeing to the terms and conditions laid out. The deposit forms part of the total cost of your Plan (i.e. it is NOT in addition to the cost of the package) and is deducted when calculating the final balance due. The deposit is refundable during your 14 day “cooling off” period. The deposit cannot be transferred to other services offered by Samuel Barber Photography. Payment for the balance is due in full 4 weeks prior to the contracted date. Once final payment has been made all monies are non-refundable at the discretion of the Samuel Barber Photography.b. All additional goods must be paid for in full on ordering. This includes extra prints, albums, high resolution digital files, and any other services ordered after the event. c. Title to all goods remains with Samuel Barber Photography until paid for in full by the client(s). d. Payments are welcomed by Bank Transfer, Cash or Paypal. e. Optional extras not paid for in full before the wedding are supplied at the prices ruling at the time of receipt of the order. f. The client(s) will be liable to pay any additional expenses incurred by the Samuel Barber Photography not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products.
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7. FORCE MAJEURE:
a. The due performance of the contract is subject to alteration or cancellation by the Samuel Barber Photography owing to any cause beyond a reasonable control (e.g sudden illness/injury/victim of crime, flooding). b. Samuel Barber Photography may contact other photographers in the event that they are not able to attend your booking due to clause 6a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price. c. In the event of cancellation by the Samuel Barber Photography, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – Samuel Barber Photography will not be responsible for costs in order to stage re-shoots. Samuel Barber Photography's liability shall be limited to a full refund of any deposits and fees paid.
8. LIABILITY FOR DIGITAL FILES AND PRODUCTS:
a. A copy of The Client(s) edited images will be stored for a maximum of twelve (12) months from the date of the Wedding, unless The Client(s) has contacted Samuel Barber Photography in writing (sent by Royal Mail special delivery) to request longer term storage then Samuel Barber Photography contractual obligation to store the images will have expired which may mean that we no longer have a copy of your images. b. Should The Client(s) digital files be lost, damaged or destroyed Samuel Barber Photography's liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the Samuel Barber Photography. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding. c. All orders should be placed with the photographer(s) before the end of a 6 month period starting at the wedding date unless otherwise agreed in writing. All standard photographic services and optional extras specified should be paid for in full before the wedding goods are supplied at the prices ruling on the date of signing of the contract and will remain valid until six (6) months after the wedding date. This does exclude VAT increases which affect all packages. This timeframe includes packages themselves as well as additional pages, books/albums, prints, printed products and additional copies of your images. For any orders after this timeframe prices at the time of ordering will apply. The photographer(s) will not be liable for failure to produce any orders placed after this time. d. Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 12 months of the date of the wedding will lapse without value unless otherwise agreed in writing.
9. CANCELLATION/CHANGE OF DATE FEES:
If The Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation. a. Cancellation after 14 days from the booking date and more than three months to go until the wedding date, the non-refundable deposit. b. Cancellation with less than three months to go until the wedding date, full price for the complete photographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of booking). c. Where the Samuel Barber Photography are able to rebook the date with an equivalent booking, then the cancellation fee may be reduced to the non-refundable deposit only and any additional cancellation fees already paid may be refunded accordingly. d. Where the client(s) wishes to change the date of the wedding, provided that the wedding is more than six months away the client may request a date change with no additional cost incurred. Date change requests made within six months of the booked date will be subject to an additional cost of £100. Date change requests received with less than three months to the originally booked wedding date will be subject to a rebooking fee equivalent to the deposit originally paid. Where the new wedding date is available the client(s) may change their originally booked date provided the photographer does not envisage the new date detracting from the level of service of existing bookings close to that date. 7
9. PLACING AN ORDER AND RECEIPT OF GOODS:
a. Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. Samuel Barber Photography will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You must request and receive a confirmation by email if you choose to use this method.b. Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
10. INSURANCE:
Samuel Barber Photography is insured for public and employer liability and also Professional indemnity insurance. Copies of liability insurance certificates are available should your venue wish to hold a copy.
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11. ON THE DAY:
a. Samuel Barber Photography is the only authorised photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the client(s). b. All your guests will have digital cameras and all your guests will want to photograph the bride and groom. In the spirit of cheerful cooperation the bride and groom agree to give the photographer precedence over your guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if Samuel Barber Photography's work has been continually interrupted by guests taking their own photos of the bride and groom. Samuel Barber Photography shall endeavour to photograph all individuals as requested by the client(s), however we will not be held responsible on the occasion that somebody has been left out.
12. CHANGES TO YOUR PERSONAL and/or VENUE DETAILS:
Should your postal address, phone number, venue locations or any other details change once you have made your booking with us, please let us know in writing so that we can update our records. Samuel Barber Photography cannot be held responsible if we have not received this notification in writing (sent by Royal Mail special delivery). All correspondence should be sent to the address listed at the top and bottom of this agreement.
13. COMPLAINTS:
In the very rare event that a complaint is warranted, or there are any faults or errors with any of your products to include images, printed photographs, albums then you must notify us no later than 21 days after the date you receive them in order for us to rectify any problems for you. Failure to do so will indicate your satisfaction with our service. We will do whatever we can to resolve any issues you may have.
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