In the following conditions of contract “the photographer(s)” shall mean Rafal Glowa trading as Rafphotostudio or, subject to condition 7 below, any photographers appointed by Rafal Glowa.
“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.
1. Copyright:
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.
2. Display:
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 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 skilled persons from accessing these galleries
3. License, Coverage and Reproduction:
a) The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.
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) For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the minister or official in charge. The area from which the photographer(s) are 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 use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate authorities before signing this contract.
d) 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.
e) 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.
4. Prices:
a) Where the wedding date is no more than 12 months after the date of signing the contract, all photographic services undertaken on the wedding date are supplied at the prices ruling on the date of signing of the contract. All reprint orders, if placed after six months of the wedding date, 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.
5. Payments:
a) A non-refundable retainer of:
£ (paid by cash or cheque) along with a completed contract will confirm your booking. The retainer forms part of the total cost of the Portfolio Plan (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due.
b) Payment for the photographic coverage is due in full NO LATER THAN THREE WEEKS prior to the contracted date.
You MUST allow sufficient time for cheque clearance.
Non-receipt of the full balance by the due date will cause cancellation of the contract.
c) Title to all goods remains with Rafal Glowa / Rafphotostudio until paid for in full by the client(s).
6. Complaints:
any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, frames and any other special services that have been agreed.
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).
b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 7a). 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.
d) All orders should be placed with the photographer(s) before the end of a 3 month period starting at the wedding date. The photographer(s) will not be liable for failure to produce any orders placed after this time.
8. 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 within two weeks of booking and more than three months to go until the wedding date, the non-refundable retainer – see clause 5a above.
b) Cancellation with less than three 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 will be reduced to the non-refundable retainer only and any additional cancellation fees already paid will be refunded accordingly.
9. Placing an Order and Receipt of Goods:
Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
10. On the day:
a) There is a danger that guests can unwittingly spoil shots. This can be as simple as trying to repeat shots taken by the “official” photographer, or distracting the subjects so that eyes are not looking at the camera, or taking an inordinate amount of time to take shots, or “spotting” the bride’s face with red focus assist lights, or floating into view on formal set-piece shots, or compromising the ambience of scenes by the inappropriate use of flash photography. We will speak with the guest or bride or groom or co-ordinator if appropriate. In some circumstances our coverage may be compromised or may have to be cut short. An inconsiderate guest can wreck the record of your special day.
b) The activity of another professional photographer or videographer or enthusiastic hobbyist can endanger the quality of the final product. For example still and video lights are not a good mix. Please notify us beforehand – with contact details – so that we can liaise the other parties and plan the shooting accordingly.
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 Rafal Glowa in writing.
I realize that this contract becomes effective immediately and agree my retainer is not refundable and cancellation rates will apply in the case of any cancellation by me.