DEFINITION: For the purpose of this agreement “the client” shall, where the context so admits, include their respective assignees, sub licensees and successors in title. “Photographs” means all photographic materials furnished by the Myday Photography “The Photographer”, whether transparencies, negatives, prints or any other type of physical or electronic media.
1. General Terms & Conditions:
a. Once you sign this document, your deposit and/or payment will need to be received within 24 hours for the date and service to be secured.
b. Once you sign this document will have deemed to have accepted these terms and conditions, unless within 2 weeks you outline any concerns in writing and receive confirmation from Myday Photography also in writing that your concerns have been agreed and accepted.
c. No additional travelling expenses will be incurred unless previously stated.
d. Myday Photography will recover the cost of any accommodation expenses and petrol where ceremony is at a distance of 75 miles.
e. It may be necessary to travel on the evening prior to the wedding to avoid traffic and other problems also it may be necessary to stay overnight where a wedding runs late. The cost of accommodation shall be reimbursed from the client with regards to late and distant weddings.
f. Food and beverages must be provided to all accompanying photographers where attendance is over 5 hrs.
g. In breach of any of the terms here on in by “the client”, “the Photographer” may terminate this agreement unless same is not rectified within 30 days after giving written notice to the client.
h. This agreement shall be governed by the laws of England or the State/Country in which “the Photographer” resides at the time of assignment commission.
i. Any additional charges incurred, will be recovered from the client.
a. Final agreed package amount will depend on the precise requirements of the applicant.
b. A minimum booking fee of £200 is made payable to Myday Photography at the time of booking, once cleared, Myday Photography will be the sole photographer for your day and will not book any other weddings on that day.
c. The booking fee, or any payments are non refundable.
d. The final balance for photographic services is payable three months prior to the wedding date; it is your responsibility to pay your photographer when monies are due, by Bank Transfer, Cheque or Cash.
e. Payments are non refundable except in exceptional circumstances
f. Payments for any album choice are paid upon proofing confirmation to Myday Photography; your album will not be started until all monies are paid.
g. Non-payment of the final balance one month prior to the wedding date constitutes a breach of contract from client. Any previous contract will become null and void.
h. All prices and packages are subject to change. Prices are adjusted periodically; future bookings will be priced at the time of booking.
i. Bounced cheques shall incur a £25.00 charge.
j. Myday Photography cannot hold your date without the deposit.
k. Shipping charges may apply where necessary.
l. , A charge of £45 is incurred, Should a gallery need to be recreated for online viewing.
m. Photography time over the agreed time will be charged at £60.00 per hour and invoiced to the client.
n. unless notice of cancellation is given less than 48 hours from the commencement of assignment, in which case 100% of the total commissioning sum due shall be paid, such sums referred to herein to be paid forthwith.
o. A booking for services is considered firm as from the date of agreement/confirmation in writing, “the Photographer” will be entitled to charge
a cancellation fee or postponement fee of 75% of the total commissioning sum due
p. All prices quoted to the Client apply only to the original job description and specifications given to the Photographer by the Client.
q. The Photographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the Photographer shall endeavour to provide an indication of what these additional charges will be.
3. Exclusivity, Marketing & Liability:
a. Myday Photography shall be the exclusive photographer retained by client.
b. Family and friends are permitted to take photographs as long as they do not disturb or disrupt or interfere with photographer’s duties.
c. The photographer has the right to kindly ask the person obstructing to refrain from doing so, in order for Myday Photography to carry on their duties.
d. Guests are not permitted to take photographs of poses arranged by photographers. It is our duty to provide you with a unique service.
e. Any breach of this agreement will constitute a reason for non-completion of the job with no liability to the photographer.
f. Myday Photography reserves the right to use your “photographs” for any form of advertising to promote their company. Forms of Marketing May include but not restricted to: Web based promotions, brochures, online galleries, magazine advertising, magazine articles, studio promotional material & competitions.
g. Myday Photography reserves the right to supply anyone associated with the wedding/event, including but not restricted to, Wedding Suppliers and Venues, any of the “photographs” from said event/wedding for use of their own marketing, in any media they deem fit.
h. No alteration of the final image or use of only a portion of the image may be made without written permission from the photographer
i. The Client accepts full responsibility for any images they supply without the Photographers permission, and should they, that the materials are adequately insured against, loss, damage, theft or liability.
ii. The Client shall not supply any “photograph” to any supplier from the event without written permission from Myday.
iii. No “Photographs” may NOT be used for commercial purposes without written consent from Myday.
iiii. If said “photographs” are supplied without consent from Myday as mentioned in h:I,ii,iii, all costs including legal fees incurred having the images recovered or removed will be forwarded to the client. Myday will not be liable for any costs.
j. The client shall indemnify Myday against any claims and/or damages against him as a result of the clients use of the photographs
k. Myday shall not be liable for any legal action, claim, or damages resulting from or arising out of the publication of the “photographs” the he supplies or other use by the client.
l. No use may be made of the photographs before payment in full of the relevant invoice’s) without “the photographers” prior written permission.
m. The copyright of “The Photographs” remains with Myday Photography throughout the world, unless otherwise assigned and an official agreement has been signed.
4. Inherent Quality.
a. Clients should be aware that colour dyes in photography may fade or discolour over a period of time due to inherent quality of dyes and insufficient care and preservation of prints and albums.
b. The photographer will not be held responsible for damage of albums and prints that were dispatched undamaged.
c. The photographer will not be liable for degradation of images due to poor handling and insufficient care.
d. All albums and images need to be kept at room temperature, stored in a box; away from heat and direct sunlight all listed will reduce the life of your album and images. The photographer accepts no liability.
e. If the photographer(s) are unable to fulfill the role of wedding photographer on the day due to any unforeseen circumstances, a full re-fund will be given to client but no further liability will be sought with respect to agreement.
f. If client cancels no refund shall be given due to loss of business.
g. This limitation shall also apply in the event that photographic materials are damaged, lost, stolen, camera malfunction or any other damage without fault of Myday Photography.
h. Myday Photography cannot be held responsible for images and photography sessions being disrupted by adverse/unfavourable weather conditions.
i. Myday Photography shall not be liable for any amount in excess of the retail value of your package.
j. Myday Photography may substitute photographers to take photographs at your wedding in the event of photographer’s illness or accident.
k. All re-orders shall be an extension of this contract.
l. All re-orders must be paid for in full prior to orders being dispatched.
m. Myday Photography will not be held responsible for the lack of coverage caused by the bride and groom, wedding party, guests,
not being on time or interfering or restricting the photographer’s duty.
n. Myday Photography will not be held responsible for the church, reception, hotel etc having restrictions that prevent images being taken.
o. The photographer cannot guarantee any specific image nor incorporate any specific background or group arrangement.
p. The Photographer shall use reasonable endeavours to meet agreed deadlines where applicable.
q. The Photographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, camera/hardware malfunction, loss or damage in transit etc.
r. The photographer will not be held responsible for customer disappointment of agreed album and images as long as they are technically acceptable and will face no liability.
s. Any announcement made that will affect your photography and the day, timings, venues etc. should be notified as soon as possible in writing to Myday Photography.
t. Any circumstances not bought to our attention that affect the out come of the wedding photography will not be the responsibility of Myday Photography.
u. A map should be provided if necessary to prevent photographer getting lost, contact details of all vendors should be provided. Myday Photography will not be held responsible for being misinformed.
v. Due to technical processing, Myday Photography cannot guarantee exact colour matching.
w. 1 set of album changes for a second proof is included with every package, after which a £30 charge per album proof is charged.
x. Myday Photography will not be held responsible for print selection, Name, Date or personal information errors after the album has been approved by the client and sent to print.
y. Myday Photography cannot be responsible for the damage to USB Memory Sticks provided, appropriate care is the client’s responsibility.
z. All albums, proofs, disks etc should be collected in person from Myday Photography or an address confirmed but he client for delivery.
aa. Myday Photography accepts no responsibility for the reliability of the post. We cannot be held responsible for loss or damage of mail, prints, albums frames and disks etc that are sent through the post. A courier service can be arranged; the client shall reimburse charges incurred by Myday Photography.
bb. It is advisable that you make a copy of your booking form for your own benefit.
cc. Myday Photography may take no responsibility for the slight colour change from proofing to final completed images. Under no circumstances can we guarantee that the colour of the proofs supplied and the colour of the final images will be exactly the same.
dd. All of the above agreements apply to all of our work and albums.
ee. Terms and conditions may change at any time.
ff. Images are kept in archives for 12 months after event date with the exception of clause gg. After which images will be deleted. It’s the clients responsibility to request their digital images if they have not received them within 12 months of their event date. The exception to this is when the client hasn’t chosen their images for their album or received their images or approved the album for print, then an Archiving fee of £50 will be incurred to hold images for a further 12 months after their initial 12 months, after which they are then deleted, with exception of clause gg.
gg. Myday Photography holds no liability in the event of loss of images or data and any other related medium. This is failure of hard drives, theft, accidental damage, accidental deletion, fire and any other uncontrollable circumstance that results in loss of images. All clients are to purchase their images digitally straight after the wedding to create personal backups for their own security, see also clause “ff” .
hh. The Client must consult with Myday Photography to approve the chosen images for the album and approve it before it’s sent to print. Errors after client approval are not the responsibility of Matthew Rycraft Photography and reprints are at the cost of the client.
ii. The client must confirm the album choice and confirm the choice of images with Mydayday Photography within 12 months of the event date. After 12 months if the wedding album process has not been started a £99 charge is incurred to reinitiate the album process. After 24 months the album option in your package is dissolved and no longer available. Any additional charges incurred like costs increases to the album production will the transferred to the client and will need to be paid in full for the album to be printed. All moneys due will need to be paid before the album is sent to print.
The Client shall be responsible for the behavior of any persons accompanying them to an assignment. The Photographer reserves the right to terminate any assignment without notice if he deems the Clients behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the Photographer or his agents for any loss/damage they cause to property or equipment.
The Client agrees that in all dealings with the Photographer, the Photographer’s liability will be limited to the following sums: Public Liability:
Limit of indemnity – £1,000.000
Professional Indemnity: Limit of indemnity – £25,000
I have read and agree to the terms and conditions set out in this document, I understand that these terms and conditions cannot be changed unless agreed by both parties and should be done before signing this document. I also agree that I am duly authorised representative of ALL parties involved and have the authorisation to sign this binding contract.
These Terms and Conditions may be changed at any time.
COPYRIGHT: The Copyright of all the photographs produced is retained by Myday Photography and it is a criminal offence to make copies from them by any means without written consent including video under the terms of the COPYRIGHT, DESIGNS and PATENTS ACTS 1988.