Terms & Conditions for Wedding Photography/Videography
1. In the following terms of business ‘Smart Pix’ will hereafter be called ‘the Photographer.'
2. The placing and acceptance of a booking or order brings into being a contract on the Photographer’s terms. Conditions apply equally whether the order was made orally or in writing.
3. The Photographer reserves the right to refuse or cancel any order whatsoever and for any reason. The Photographer reserves the right to cancel any booking up to 10 days before the wedding day where the client seeks to materially change the product as presented to them at the initial meeting or any subsequent meetings. In the event of such a cancelation the photographer will refund all monies paid by the client less £250 to cover costs incurred whilst dealing with any matters relating to the wedding up to the date of cancellation.
3a Pre wedding shoots are not available for booking on any Friday or Saturday.
4. Cancellation of our service.
Cancellation must be notified to Smart Pix in writing.
Deposits paid in respect of any booking are non-refundable in any circumstances.
Deposits are the first £350, £450, £550, £650 or (50% Overseas service*+*) of any monies paid dependant on
the service booked.
The Client(s) may cancel the agreement at any time by giving written notice to the Photographer.
Refund of balance paid will be made as follows,
21 days prior to the Wedding NO REFUND.
22-60 days prior to the Wedding 10% of balance paid.
61 days prior to the Wedding 20% of the balance paid.
+++ For the purpose of this agreement the Balance referred to is any monies paid in respect of the booking minus the deposit shown in clause 5. Where the service is paid in full at the time of booking the first £350. £450. £550, £650 or 50% of any fee paid for the Overseas service is considered to be the deposit.
*+* Where the Overseas service is booked for a wedding anywhere outside the UK the deposit is used to book flights and hotels to ensure our attendance at the wedding. Any monies used for the purpose of booking flights and hotels is non-refundable in any circumstances even if this exceeds the 50% deposit amount.
5. A minimum non refundable deposit of £350 for the Standard, Premier or Deluxe Photobook services or £450 for the Gold or Platinum or £550 for the Sapphire or £650 for the Diamons services is payable on booking.
A minimum 50% deposit is payable for the Overseas service at time of booking
The price payable by the Client(s) for the photography shall be in accordance with the Photographers price list ruling at the time that the photography is booked. Bookings more than 18 months in the future from the date of booking must be paid in full and will attract our standard discount for payment in full at time of booking.
BOOKINGS ARE NOT CONFIRMED UNTIL A DEPOSIT OR DISCOUNTED PAYMENT IN FULL HAS BEEN RECEIVED AND THE PHOTOGRAPHER HAS CONFIRMED THE BOOKING IN WRITING. BOOKINGS ARE ALSO SUBJECT TO CLEARANCE OF CHEQUES
The price payable by the Client(s) for the photography shall be in accordance with the Photographers price list ruling at the time that the photography is booked. Bookings more than 18 months in the future from the date of booking must be paid in full and will attract our standard discount for payment in full at time of booking.
6. In the case of a Wedding, the balance of the agreed fee will become due for payment 90 days prior to the Wedding. If the booking is made less than 90 days prior to the Wedding, then payment should be made in full on booking. Payment in respect of additional orders of prints, albums, etc. shall be made in full at the time the order is placed.
7. Settlement of accounts shall be by cash or cheque. All cheques should be made payable to MICHAEL WARD. A charge will be made for a cheque not being honoured. The Photographer reserves the right to cancel any booking where the balance payable remains unpaid 30 days after the invoice due date.
8..The Photographer will take all reasonable care in the execution of the photography. In the event of failure outside the control of the Photographer, the Photographer shall not be liable to refund any monies paid in respect of that booking. **
9. It shall be the responsibility of the Client(s) to ensure adequate and appropriate insurance cover against any failure of the photography, howsoever caused. It is the clients responsibility to ensure any copyright requirements for any part of the wedding venue have been negotiated and paid as required by the Church, Registry Office, or any other venue where any part of the wedding ceremony or post ceremony celebrations take place. The photographer is not responsible for the absence of photographic or video coverage of any part of the ceremony or post ceremony celebrations where the photographer is denied the opportunity to take still photography or record video footage due to the necessary copyright not being obtained.
10. The Photographer accepts no liability for minor variations in size or colour of prints, etc. The number of prints quoted is approximate and may vary according to the conditions prevailing at the Wedding.
11. Post Production. For the purpose of these terms & conditions post production shall mean any work to be carried out after the wedding day as part of the advertised packages. The Photographer reserves exclusive rights to selection of the photographs for inclusion in the Photobooks and also exclusive rights to the layout and creation of the Photobooks. The photographer reserves exclusive right to the selection of video footage and photographs to be used in the DVD movie and the layout and creation of the movie which will last no less than 20 minutes but no more than 60 minutes. The advertised prices do not include any allowance for any other post production work except the production of an album which part of the packages offered and it is agreed at the time of booking that production of any album, if applicable, is to be delayed until after the wedding. Any extra post production work must be agreed and paid for in full at the time of booking
12.Permission to use any photographic images or video footage to be used for any purpose other than that agreed with the client (distribution to family and friends for private usage only) must be obtained from the photographer in writing. Any usage for commercial purpose, providing images or footage or permission to any to use any photographs or footage to a commercial concern or amending photographs or video footage is an infringement of copyright. It is the clients responsibility not to place images on web sites or in any other environment where the photographer's copyright may be infringed. Where this infringement occurs a fee of £500 is payable for each photograph and £500 for video footage used without written permission for each infringement.
13. All photographic negatives, transparencies, video footage or digital files remain the property of the Photographer. The Client(s) shall have no right to reproduce, or to authorise reproduction of, by any means whatsoever (including photocopying, scanning, saving on computer or copying on to film, videotape, CD, CD-ROM or DVD or other digital storage system) any photograph created by the Photographer. In accordance with the Copyright, Design and Patents Act 1988, infringement of the aforesaid is unlawful and may be a criminal offence.
** Should Smart Pix fail to deliver any of the elements as described Smart Pix will refund a proportional
amount of the total fee paid to the client for each element Smart Pix fails to deliver.++
++Please note the above refund does not apply where Smart Pix are prevented from taking
Photographs or using a video camera or denied facilities or electric power by any person connected with the performance of the ceremony or any person connected with the wedding or reception venue or any other person in attendance at the wedding or any other part of the wedding day.