T'S AND C'S

wedding agreement

Agreement

The persons whose signatures appear on this contract, known as the Clients, agree that Kathryn Goddard of Kathryn Goddard photography LLP shall provide services to photograph their wedding and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

Pre-Wedding Consultation

There will be 2 pre-wedding consultations prior to the wedding day. The initial meeting and a final meeting before the wedding date. It is essential to have a list of your group shots at the final meeting allowing 3-5 minutes per group shot.

Licence and Coverage

The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute. 

For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.

Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever. 

Cooperation

Please be aware that the photographer may require assistance (usually the best man) in organising group photographs. The bride and groom also agree to give the photographer sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer will use her discretion but cannot be held responsible for lack of photos of these people. 

Copyright & Usage
Clients have limited rights to make and use copies of the digital images provided. Clients may use them for their own use in e-mails, on personal web sites and to make copies, prints and other reproduction for personal, non-commercial use and distribution. Clients are not allowed to make copies for sale or commercial use. 

Model Release and Consent 
With prior written consent of The Clients, the Photographer may to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, facebook, facebook sneak peeks, and other such media, providing that the images 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. The Photographer(s) agree not to resell any image to a third party other than with prior written consent.

Exclusivity
It is understood that Kathryn Goddard is the exclusive professional photographer for the wedding. Additional professional photographers may be employed only with prior written permission from the Photographer. Guest photographers are welcome with one caveat: The Photographer will request your intervention is a guest is inhibiting the ability to fully document the wedding.

Limits of liability
While every reasonable effort will be made to produce and deliver outstanding photographs of the wedding event, the entire liability of the Photographer to the Client for any claim or loss arising for the performance is limited to a refund to the Client of the amount paid for the services. 

In cases where the wedding does not run on time (for example, extreme lateness by the bride arriving to the church) I cannot guarantee to take the normal set of photos although in such circumstances I will do my best.

Venue Restrictions
Photographer may be limited by the guidelines or rules of the ceremony official, ceremony venue, and or reception venue. The Clients understands and agrees that Photographer will abide by such guidelines or rules.

Permissions
It is the Clients responsibility to schedule and receive permissions to use various locations for photography, including the wedding and reception locations and any other locations used during the day.

Payment for Services
A non-refundable booking fee of 25% is due at the signing of this agreement. Upon receipt of the booking fee The Photographer will reserve your date. The booking fee is applied towards your total payment. The remaining balance must be paid in full 2 weeks before the wedding date. 

Pricing
Services and products not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice.

Ownership
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times. 

All completed albums and products shall remain the property of the Photographer(s) until full payment is received.

Coverage
The Photographer will provide coverage for the dates, locations and hours specific in this contract. Additional travel or coverage hours may be added by agreement on the wedding day and must be paid in full before any photos or products are realised to the Client. A list of desired photos from the wedding day will be discussed before the wedding day. Every reasonable effort will be made to capture requested pictures, but no specific pose or photographs can be guaranteed. 

Shopping Cart
The Client agrees to the shopping cart function being added to the gallery for guests to order any prints if they wish to do so.

Copyright 
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s).

Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Capture this Moment Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.

Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. 

Neither party shall be liable for any indirect or consequential loss. 

Force Majeure The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.

Cancellation Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

Notice received 365 days prior to the wedding date or more: Booking Fee only.

Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable. 

Notice received of 182 days or less: 100% of the agreed balance will be payable. 


Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client.


Processing Time
A presentation of the proof images is ordinarily made available online within 1 to 3 working days following the wedding date. Although this is my aim Kathryn Goddard could deliver these images up to but no later than 6 weeks after the wedding. Once the proof images have been seen by the Clients, the images will then be delivered on a USB. The delivery time for the USB will be around 2 months after final approval.


Image Processing 
All images are processed in the current style of Kathryn Goddard Photography. If the Client wishes further processing to be done, a fee of £40 per images is applied.

Image and Reproduction All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. 

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.



Using the Shopping Cart Online

All print prices are guaranteed for a period of three months following the date of the wedding. Orders placed after 3 months following the date of the wedding will be charged at the rates of the most recently published price list.



Digital Files
Upon receipt of the digital images files, the Client accepts all responsibility for archiving and protecting the photographs. The Photographer does not permanently archive image files. The Photographer is not responsibility for the lifespan if any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the storage media provided. It is the Clients responsibility to make sure that digital files are copied to new media as required.



Only quality branded USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media. 

Wedding Albums
Albums will be designed in the current style of Kathryn Goddard Photography. The Clients choose the specific images to be included in the albums, but the overall design will be determined by the Photographer. Album prices, not included in the wedding agreement are subject to change without notice. Album design is one month after the completion of the image processing. 



Complaints All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Notices Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract. 

Governing law and jurisdiction The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.