PHOTOGRAPHY TERMS & CONDITIONS
1) – MEANINGS: Shutters Photography or Monochrome Photography means the business and its associated photographer/s.
THE CLIENT means you and any nominated assignees
LOCATION means your wedding venue and reception venue
PHOTOGRAPHER means any photographer assigned under this contract by Shutters Photography or Monochrome Photography
PRIMARY PHOTOGRAPHER means
THE PARTIES mean Shutters Photography or Monochrome Photography, any assigned Photographer under this agreement and you THE CLIENT
(2) – ENTIRE AGREEMENT: This agreement contains the entire understanding between Shutters Photography or Monochrome Photography and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is agreed and signed by all the relevant parties. Any document signed on behalf of Shutters Photography or Monochrome Photography shall only be valid when signed by the Primary Photographer.
(3) – RESERVATION: Upon your signature or booking fee payment, Shutters Photography or Monochrome Photography will reserve the time and date agreed upon and will not make other reservations for that time and date. Both bride and groom are jointly and severally liable under this contract. For this reason, the booking fee is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, Fire, Strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract or at time of confirmed agreed bank transfer/ PayPal if it is not possible to sign at that time, the contract shall be signed as soon as is reasonably practical thereafter. The booking fee is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due
One week prior to the wedding date. Unless date is at short notice then Shutters Photography and Shutters Monochrome can use their discretion.
50% is required as deposit.
(4) – CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the booking fee will be forfeited. Any additional monies paid in advance of expenses to Shutters Photography and Shutters Monochrome that has not yet been paid out shall be returned to the CLIENT, any expenses paid out will be forfeited and receipts for forfeited expenses shall be produced to the client.
(5) – PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations.
(6) – EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. Shutters Photography and Shutters Monochrome and the photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
(7) – Shutters Photography and Shutters Monochrome – require to attend wedding rehearsal if feasible. 24 hours prior to wedding Shutters Photography and Shutters Monochrome will phone to confirm the next day proceedings.
(8) – COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Shutters Photography and Shutters Monochrome is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Shutters Photography and Shutters Monochrome in writing. Shutters Photography and Shutters Monochrome recommends that THE CLIENT designate an “event guide” (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in informal or candid photographs.
(9) – SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and Shutters Photography and Shutters Monochrome agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Shutters Photography and Shutters Monochrome will not be held liable for any photographs not taken and there is no guarantee that extra time will be permitted by Shutters Photography and Shutters Monochrome or its assigned Photographers unless agreed by both parties. Reasonable “give and take” additional time will be provided for.
(10) – HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; Shutters Photography and Shutters Monochrome will offer technical recommendations only.
(11) – DIGITAL NEGATIVES and COPYRIGHTS: The photographs, digital negatives produced by Shutters Photography and Shutters Monochrome are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Shutters Photography and Shutters Monochrome explicit written permission. Upon final payment by THE CLIENT, limited or agreed copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
· The digital negatives are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. · THE CLIENT must obtain written permission from and compensate Shutters Photography and Shutters Monochrome prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit. Unless a copyright release form is issued.
· MODEL RELEASE: THE CLIENT hereby assigns and grants Shutters Photography and Shutters Monochrome and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included both during a “engagement shoot” and the actual “wedding”, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases Shutters Photography and Shutters Monochrome and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Shutters Photography and Shutters Monochrome may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in Shopping Centres, Photography Books, Photography Instructional Books, Trade Displays, Studio Display, Television Advertising, Magazine Advertising and any other purpose thought proper Shutters Photography and Shutters Monochrome. THE CLIENT also agrees that after the wedding date images may be used as a “sneak preview” for marketing purposes on social networking sites such as and not limited to Facebook and Twitter.
· EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that Shutters Photography and Shutters Monochrome and assigned Photographer will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by Shutters Photography and Shutters Monochrome and any Photographer assigned to this contract, THE CLIENT acknowledges that they are responsible for notifying all their guests that guest photography is not permitted at any time while the professional photographer/s are in session. Shutters Photography and Shutters Monochrome suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of Shutters Photography and Shutters Monochrome to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted. Shutters Photography and Shutters Monochrome will allow guests to take snapshots during the processional and recessional, during candid events at the Pre-Ceremony Shoot, Wedding Ceremony, Post Wedding Shoot, any other Photography Session and at the altar during the time Shutters Photography and Shutters Monochrome equipment is being packed up. In return for this consideration Shutters Photography and Shutters Monochrome insists no other guest photography take place when or where Shutters Photography and Shutters Monochrome is working until the photographer has said they have finished that session and allow guests to take photos. No other guest/photographer using professional equipment will be allowed by Shutters Photography and Shutters Monochrome at any time during the wedding. Shutters Photography and Shutters Monochrome reserves the right to stop any photographic services paid for and leave the function should any other person take photographs with any professional equipment – with the deposit being forfeited.
· GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
Shutters Photography and Shutters Monochrome will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their 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 event, no refunds will be granted, and the Client will be fully liable for all damage caused to equipment, including the cost of repair or (where repair is not reasonably possible) replacement.
(12) – COMPLETION SCHEDULE: The editing process can only start once Shutters Photography and Shutters Monochrome after the first day of a working week. Editing processing takes up to approximately 2 weeks. Client will be contacted for arrangement of delivery.
(13) – PAYMENTS: THE CLIENT agrees that 50% deposit is required at the time of contract (unless otherwise agreed between parties) acceptance and 100% of the remaining balance is due one week prior to THE CLIENTS wedding date.
(14) – FINAL DELIVERY: Shutters Photography and Shutters Monochrome will deliver the digital format completed. Shutters Photography and Shutters Monochrome will deliver a CD with the high-resolution images as defined within the CLIENT’s chosen package. High resolution prints of these images can be ordered from Shutters Photography and Shutters Monochrome at the specified tariffs.
(15) – METHOD OF REMUNERATION: Payment may be made by Bank Transfer, Debit Card or Credit Card.
Using the Reference Line: please state surname & wedding date
PROOF OF PAYMENT WILL BE PROVIDED ON REQUEST
(16) – RIGHT OF WITHDRAWAL: Shutters Photography and Shutters Monochrome discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Shutters Photography and Shutters Monochrome initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, £90.00 an hour is charged for all photography services already provided and £45.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
(17) – LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies excluding death, it may be necessary to retain an alternative photographer. Shutters Photography and Shutters Monochrome will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Shutters Photography and Shutters Monochrome takes the utmost care with respect to of digital processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the
unlikely event of THE CLIENT’S photographs either on electronic media (memory cards or hard drives) being lost, stolen or destroyed for reasons within Shutters Photography and Shutters Monochrome’ control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Where there is a technical failure of equipment, whether camera equipment or media such as memory cards, hard drives, USB media or any other storage device in use at the time of the photography session Shutters Photography and Shutters Monochrome shall not be held liable for such failure that is out of Shutters Photography and Shutters Monochrome control. Reasonable care shall always be taken to ensure equipment is maintained, cleaned and in full working order prior to any
wedding event taking place, any failure thereafter shall not present any liability on Shutters Photography and Shutters Monochrome for loss of images. Shutters Photography and Shutters Monochrome carries backup equipment which shall consist of one additional camera body and one lens with ancillary equipment such as batteries.
(18) – NON-GUARANTEE: Shutters Photography and Shutters Monochrome shall be granted creative licence and artistic licence in relation to the choice of locations and poses used. Shutters Photography and Shutters Monochrome judgement on photographic style shall be deemed correct. Due to weather variation, availability and willing ness of subjects and variations in locations, Shutters Photography and Shutters Monochrome will do their best to honour requested photographs, but do not guarantee any specific picture, background or group arrangement. Although every possible care will be taken to produce photographs of all important and special events during the wedding, Shutters Photography and Shutters Monochrome cannot place an unconditional guarantee on the above Shutters Photography and Shutters Monochrome will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Shutters Photography and Shutters Monochrome control.
(19) – PERFORMANCE: Shutters Photography and Shutters Monochrome shall not be liable for any failure to perform its obligations under this contract where such failure is a direct or indirect result of any acts of God, flood, fire, warfare, government laws of regulations, electrical failure, strikes by suppliers and/or any other condition beyond its control.
(20) – SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full
force and effect.
(21) – AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and Shutters Photography and Shutters Monochrome at the time of acceptance of this contract shall be recognised as amendments to this contract.
(22) -. Replacement DVD will be a fixed fee of £20.00 each. But please be aware photos will be kept for a duration of 2 years.
Please note that prices are subject to change without any prior notice.
(23) – PROFESSIONAL IMAGE MANIPULATION: It is understood that if a technicality Shutters Photography and Shutters Monochrome from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will accept the fact that Shutters Photography and Shutters Monochrome has performed to its best ability with regard to the specific task and that Shutters Photography and Shutters Monochrome has no further responsibility towards said image manipulation.
(24) – ALBUMS & PHOTOGRAPHS: Pricing for albums, photographs and any framed printing service can be provided at extra charge to the client as not included in contract.
(25) – REFRESHMENTS: THE CLIENT agrees to provide a hot meal for 2 photographers.
(26) – Law: This contract shall be governed by the Laws of England and Wales.
(27) – THIRD PARTY INVOLVEMENT: At all times this service agreement is specifically between the bride, groom and Primary Photographer Shutters Photography and Shutters Monochrome No decisions by any third party shall be considered applicable and all final decisions shall lie with the Primary Photographer Shutters Photography and Shutters Monochrome. Any monies paid against this Service Agreement by any third party shall be taken to be paid on behalf of the bride and groom and all decisions and discussions regarding this Service Agreement shall be between the bride, groom and Primary Photographer Shutters Photography and Shutters Monochrome. No discussion shall be entered into with any third party on any basis.
(28) – SEVERABILITY & LAIBILITY: The named parties on this contract are both jointly and severally liable under this contract. Where this contract is signed electronically and signed by only one party they shall accept by signing this document that they have the authority and approval of the other party and agree it is done so on the absent parties’ agreement and are therefore both liable under the terms of this contract.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
Photographs are a category of artistic works (CDPA 1988, s4(1)(a)), for which the default position is that the author owns the copyright (CDPA 1998, s11(1)). and the author is the person who creates it (CDPA 1988, s9(1)).
All material on these pages, including without limitation text, logos, icons, photographs and all other artwork, is copyright material of Shutters Photography and Shutters Monochrome, unless otherwise stated.