Wedding Photography Contract
Thank you for booking your wedding photography with David A Hicks Photography.
Please complete the form below and sign at the bottom once you have read, understood and agreed to the terms of the contract. Please do not hesitate to contact me if you have any questions or regarding any of the terms or general queries.
Agreed service and any optional extras and special requirements:
- Full day unlimited coverage (unless agreed otherwise)
- Every photograph individually processed in either black and white or colour and presented on a presentation USB
- Delivery of the processed images will be agreed at a maximum of 3 weeks
- License to print and share from your USB
- An online password protected gallery that can be shared with friends and family for viewing
Please read and agree to the below terms and conditions:
Terms and Conditions
In the following conditions of contract “the photographer(s)” shall mean Dave Hicks trading as David A Hicks Photography, or, subject to condition 6 below, any photographers appointed by David A Hicks Photography. “The Client(s)” shall be those whose name appears on the contract. 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.
The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). It is therefore contrary to the Acts, and illegal, to copy, or allow to be copied, by any means photographic, by computer, or internet or otherwise, by any person or machine other than by the photographer(s) or their appointed agents. You are an appointed agent and as such you have an unlimited license to print, share and use as you wish.
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, social media 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). Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it is impossible to prevent determined persons from accessing these galleries.
3. Style and Editing:
a) The client hereby acknowledges that they are familiar with the photographer(s) portfolio and are requesting services with knowledge of their style; that the work is constantly evolving; that the services are of unique and artistic nature; that the photos may be different from photographs taken by the photographer(s) in the past; and that in creating the photos, the photographer(s) shall use their personal artistic judgment to create images consistent with their personal vision of the event.
b) EDITING: the photographer(s) will provide a pleasing colour balance and enhance the images as they see fit, but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man made fibres, it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye.
4. License, Coverage and Reproduction:
a) The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used.
b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.
c) The photographer(s) 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.
d) 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 photographing of parts or even all of the ceremony may be restricted or prohibited.
e) For a wedding or other event booking the photographer(s) 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.
f) 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 the photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
g) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
a) All standard photographic services and optional extras specified on the Booking Form and paid for in full before the wedding are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding are supplied at the prices ruling at the time of receipt of the order.
b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) 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 to non-UK addresses.
a) A non-refundable deposit of: 25% of the total price, along with a completed booking form and contract will confirm your booking. The deposit forms part of the total cost of your wedding package (i.e. it is NOT in addition to the cost of the wedding package) and is deducted when calculating the final balance due. The deposit is refundable during your 14 day “cooling off” period.
Payment for the photographic coverage is due in full no later than 4 weeks before the wedding date.
Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s).
7. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g sudden illness/injury/victim of crime, flooding).
b) The photographer(s) 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 photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. Liability for Digital Files and Products:
a) The negatives and digital files shall remain the property of the photographer(s) and shall be kept indefinitely from the wedding date at one site and also stored securely in a cloud storage
b) Should negatives and digital files be lost, damaged or destroyed the photographer(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 photographer. No refund will be due for any negatives or digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
9. Cancellation 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 four months to go until the wedding date, the non-refundable retainer - see clause 5a above.
b) Cancellation with less than four 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 photographer(s) are able to rebook the date with an equivalent booking, then the cancellation fee may be reduced to the non-refundable retainer only and any additional cancellation fees already paid may be refunded accordingly.
10. Governing Law:
Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
I have read and understood the above and agree to abide by the terms of agreement set out.
I understand that the terms of this agreement cannot be changed unless agreed by David A Hicks Photography in writing or email. I realise that this contract becomes effective immediately and agree my deposit is not refundable and cancellation rates will apply in the case of any cancellation by me.
Once the form has been sent and received, I will print a copy, sign and send back to you via email as confirmation that I also agree to the terms along with an invoice for any amounts payable that will include instructions on how to make the payment via online banking.
Thank you again.