TERMS & CONDITIONS – YVETTE CRAIG PHOTOS LTD
Terms & Conditions
In the following Terms and Conditions:
“Business” shall mean Yvette Craig Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Yvette Craig Photography [OR SUB CONTRACTOR’S NAME];
“Products” shall mean any discs, USB, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
Booking Fee – £250
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Yvette Craig Photography will be in contact with you approximately [3-4] weeks prior to your Event to arrange a pre-event appointment if this is deemed necessary. Any remaining balance is to be paid 30 days prior to the wedding. All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
- 50% is due [182 Days] prior to the event date;
- The remaining balance is due [30 Days prior to the Event Date]
- Payment for any additional images or products must be made at the time of order.
- Failure to make payment by the dates stipulated may result in cancellation.
Bank Transfer (BACS) payments may be accepted by prior arrangement – please contact the studio for details
Late payments will attract an administration charge of £10.00.
No photographs or albums will be available to collect until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
Albums to be collected from the Studio, we can ship to any address. Shipping Charged at cost.
License and Coverage:
The Photographer(s) 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’ judgment regarding the location, poses, and number of photographs taken 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 the 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 endeavor to fulfill 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.
Use and Display of Images
The Clients hereby allow the Photographer(s) 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, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images. 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.
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.
Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but you acknowledge that discs may not play on all CD/DVD players and computers.
Only quality branded CD’s and DVD’s 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.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Only the list of prices supplied by Yvette Craig Photos Limited on the date the wedding package is agreed, and no prior price list, shall apply. Any additions to the wedding package will be priced according to the price list operative at the time the extras are approved (this may be different to the price list in operation at the time the wedding package is agreed). This term of the contract is non-negotiable.
You may upgrade your package to a different package at any time, however, the charge difference will be subject to the prevailing price list at the time of the upgrade.
In the event, a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s). Digital Files will be stored by the Photographer for a minimum of 12 months after the event date. There is no guarantee they will be kept any longer.
Products are guaranteed to be fit for purpose and against defect in accordance with the period of time the manufacturer offers.
Packages that include a pre-wedding photographic shot, take place up to a year prior to your wedding and are held in Ashford and are with the photographer assigned to your wedding. The pre-wedding photographic shoot is for the benefit you being able to feel comfortable being photographed and to get an understanding of how we work.
All images will be available to view at a post-viewing held at the Studio. There are no images included in any of our pre-wedding packages, however, these are available to purchase if you wish, you are however under no obligation to do so. A full price list of options for the pre-wedding photos is available upon request from the studio.
If you would like to have your pre wedding shoot take place in an alternative location then mileage is charged at 40p per mile and expenses apply. There is also a minimum charge of £200 for products.
Yvette Craig Photographer shall be the sole professional (still) photographers at the venues specified. We do, however, positively encourage family, friends and other guests to take photographs throughout the day.
We would, however, ask that family and friends avoid using iPads and other Tablets and mobile phones during the ceremony and to we ask that they do not block the isle during the ceremony and on the exit as it does result in us not being able to capture your day fully.
Post Wedding Viewing
All post wedding viewing takes place at the studio; they are strictly for the couple (the Client) only and may last up to 4hrs. Post wedding viewings must take place and all album orders must be placed within 8 weeks of the wedding, failure to do so may result in additional costs being incurred by the album manufacturers. Albums are normally delivered 6 weeks after the album has been confirmed and signed off by the Client. Any additional items included in your package will be available at the same time as the album. Any additional items over and above the package must be paid for in full at the time of ordering.
All albums are proofed to the client via our website, the first 5 changes are free of charge; over 5 changes are charged at £50 per hour.
Products other than digital files are bespoke so take an average of 6 weeks to create from the point when the Client approves the order of the product. To allow for post-production and editing time Digital Files will be ready to view 14 days after the event.
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.
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).
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Yvette Craig 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.
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.
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). Ideally, the attached Cancellation Form should be utilised but this can be done by letter or email (only legally required for ‘Off-Premise’ or ‘Distance’ Bookings)
It is the Client’s responsibility to ensure the Photographer has received this notice. The date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer
In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-
Within 14 days of booking no fees payable. A refund of any booking fees paid will be given. (Only legally required for ‘Off-Premise’ or ‘Distance’ Bookings)
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 no package has been selected or final price agreed upon in writing on the original booking form, the agreed balance will be accepted as being £1,000.
The cost of any pre-paid and ordered bespoke products cannot be refunded if canceled.
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. Such action will result in the termination of this contract and the start of a new. Extra costs may be incurred as dictated by the change in circumstances.
All prices quoted are subject to V.A.T at the prevailing rate (if applicable).
Length of Contract
Any contract runs from the date of signing through to the date the last aspect is finalised, though any associated warranties will apply after that date in accordance with the Products section above.
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 that 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. The alternative to the latter is that the Client will need to consider legal action.
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.
Meals and Refreshments.
It is a condition of this contract that the Client arranges with their venue for the Photographer to be provided with a hot meal (this excludes sandwiches and snacks) and refreshments at the wedding breakfast. Failure to comply with this term of the contract may result in a penalty payment, such sum to be determined by the Yvette Craig Photos Limited at its discretion.
The Photographer has a strict timetable, which must be adhered to by the Client. Yvette Craig Photos Limited reserves the right to make additional charges if the Photographer is unable to take the photographs he/she deems essential to the portfolio during the agreed time and this over-run of time is considered to be directly attributable to a lack of organisation on behalf of the Client. See ‘Finish Time’ for further clarification.
Mileage for wedding day coverage is inclusive within a 50-mile radius of the studio TN23 3QR. On all other packages, mileage is included in Kent. Weddings taking place outside of Kent will be charged at 0.40p per mile. Package in Central London incur an additional charge of £100 to cover Parking, Taxi’s etc
For Destination Weddings please contact the studio for details of cost and a quotation.
Our 5-hour packages start 2 hours prior to the ceremony and end when you sit down for the wedding breakfast or when the five hours has been covered. Our 8-hour packages finish at 20:30, therefore, please ensure that your first dance is scheduled for 20:00, if your wedding is an earlier start time than 12:00 then the coverage will finish when 8 hours has been covered.
Please note for any package over 5 hours a hot meal must be provided – please see section Meals & Refreshments
If you wish to extend coverage the cost is £150 per hour or part hour.
Please Note that the Below Cancellation Form is only legally required for ‘Off-Premise’ or ‘Distance’ Bookings as per the Consumer Regulation Contracts 2013, though it may be used to include it with your Terms & Conditions.
Yvette Craig Photos Limited is a company registered in England and Wales with a company number 7334 303 Registered address: 14 Victoria Square, Droitwich Spa, Worcestershire WR9 8DS
Phone number: 01233 642773 Mobile: 07984470415
Studio Address: Beechins, Faversham Road, Boughton Aluph, Kent TN25 4PQ
E-mail: email@example.com Web: www.yvettecraig.co.uk
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Yvette Craig Photos Ltd
T: +44 (1)2333 642773