Terms & Conditions

Will and Sarah Photography always recommend that you take out wedding/event insurance to cover any unforeseen eventualities. Please also note that these terms and conditions are written to protect your special day and ensure things run as smoothly as possible.

Terms & Conditions of Contract

Will and Sarah Photography would be delighted to be involved in your special day and will do our utmost to provide you with a set of images you will treasure for a lifetime of happy memories; to that end, we provide our terms and conditions to be as transparent and comprehensive as possible with no hidden extras. This contract sets out the entire agreement made between the parties and no variation or modification of the contract will be applicable unless agreed by both parties in writing.

In entering the contract, each party acknowledges that it has not relied on any statement, representation, assurance, or warranty other than those expressly set out in these Terms & Conditions of the Contract.

In the following Terms and Conditions

“Business” shall mean Will and Sarah 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 Will and Sarah Photography.

“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer(s) and set out in the Contract.

Booking Fee/Retainer Payment

The Booking fee of £100 secures the date, time, and services of Will and Sarah Photography for the services requested. Will and Sarah Photography will confirm the event, date, time, and services upon receipt of cleared funds in respect of the booking fee at which point the booking will be considered confirmed. The Booking fee is applied towards the contracted photography package.

Payments

Following payment of the booking fee, the balance of payment will be due 6 weeks before your wedding date. Payment can be made via BACS or Stripe, and details are available on the invoice. Where payment is to be made by a third party, the Clients(s) acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

Wedding Day or Event Arrangements

It is strongly recommended that the client(s) develop a list of any desired locations and subjects (family and friends; items etc.) and share this with the photographer(s) at least 3 weeks before the event. The photographer(s) will not be held accountable for not capturing specifically desired photographs if there is no list as requested of desired location and subjects. The parties agree to positive co-operation and communication for the best possible result within the definition of this agreement. Will and Sarah Photography shall always endeavour to fulfil the Client(s)’ requirements; however, the photographers(s) cannot be held responsible for the non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots for example if key individuals fail to appear, fail to co-operate during photography sessions, or failure to capture images due to details not revealed to the Photographer(s). Due to the fact it is a “live” event it may not be possible to capture all the images requested.

Will and Sarah Photography recommends a designated person or people to be an ‘event guide’ to point out important individuals for informal or candid photographs to the photographer(s) during the event.

Licence 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 Client(s)’ requirements, due to the vagaries of the weather and the willingness of the subjects it may not be possible to capture all the images requested. The Photographers’ judgement regarding the location, poses and the number of photographs taken shall be deemed correct.

For Events involving a church ceremony or at certain other venues, the Photographer(s) movements can sometimes be restricted by the minister or official in charge: photographing of parts; or even all the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. Will and Sarah Photography cannot accept responsibility for limited coverage in such circumstances. It is the Client(s)’s responsibility to understand the rules and restrictions ahead of time.

Image Viewing, Editing and Reproduction

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client(s) for preview shall be deemed correct If an image is good and unique it will be included. Further retouching, digital manipulation and artist finishing are available to the Client(s) as an optional extra and may be carried out by external parties. Whilst every effort will be made, Will and Sarah Photography cannot guarantee exact colour matching and are not held responsible for any colour variations which may occur due to light and location variations, anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. It is sometimes impossible to record the exact colour as seen by the human eye. Due to the limitations of digital devices, it is understood that images viewed via this method may appear differently according to the specification of each device and that prints may not match images rendered on these devices.

Will and Sarah Photography will always endeavour to deliver your photographs as soon as possible. Under normal conditions, your digital images will be delivered within 3 weeks of the event date. During the most popular months for weddings, April through to October, please allow up to 6 weeks for delivery.

Digital images will be uploaded to our online protected viewing gallery and will be available to download and share as you wish. The Client(s) will be presented with a carefully chosen selection of images by Will and Sarah Photography; these images will be in the form of JPEG files. It is strongly recommended that the Client(s) save multiple copies of their images to avoid accidental loss or corruption of the images. The Client(s)’ online gallery will be available for 2 years from the date of publication. Will and Sarah Photography shall not be held responsible for the loss of images once they have been delivered. The Client(s) will not have access to any unedited images or RAW image files.

Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers. Only quality branded USBs are used, and each is checked before delivery. However, it remains the responsibility of the Client(s)s to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.

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 always remain the copyright of The Photographer(s) unless there is express written agreement to the contrary. Please see the next section for your licence of use.

Licence of Use

Will and Sarah Photography grants the Client(s) a license of use. The Client(s) have permission to make copies of the images under the following conditions: the images taken by the photographer(s) are for personal use by the Client(s) and their family and friends. The Client(s) may publish photographs on social media if they wish. The photographer(s) also grant the client a print release on all photographs for personal use. There is no limit on how many times the photographs may be printed or shared.

Insurance & Limitation of Liability

Will and Sarah Photography always maintain Public Liability and Professional Indemnity insurance. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or 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 Client(s) expressly releases the photographer(s) from all claims, damages, and liabilities that may result from accidents or incidents that occur while services are being performed or thereafter. This waiver of liability includes the waiver of any claim that may be a result of negligence. Whilst Will and Sarah Photography takes the utmost care concerning exposure, processing and delivery of photographs, if the images become lost, stolen or destroyed, for reasons beyond the control of the photographer(s), liability is limited to a refund of retainer and payment received. The limit of liability shall not exceed the contract price stated herein. The photographer(s) will not be held responsible for any ruined photographs due to any cause outside of their control.

Display

Will and Sarah Photography may use images included in this contract on their website, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially unless the Client(s) express the wish for this to not happen before the event. At events, it is the client’s responsibility to notify guests of this use and that attending the event acts as a model release.

Will and Sarah Photography respects the privacy of every client. Under GDPR law, every client photographed by Will and Sarah Photography must now consent for photographs to be displayed. The process for this is to simply add your signature at end of this document. By signing this document, the Client(s) hereby assigns the photographer(s) the right to use and publish photographs of the client(s). The client releases all claims to profits that may arise from the use of images.

Cancellation

The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client(s), it being the agreed loss suffered by the photographer due to cancellation. All cancellations must be confirmed in writing within 7 days of notification. Upon acceptance of this agreement and cleared payment of the booking fee, a cooling-off period of five (5) working days is allowed for any change of mind. After this period, no refunds for change of mind will apply.

Should the Client(s) wish to cancel this contract at any time, a notice of cancellation must be given in writing to Will and Sarah Photography. In such circumstances, the Client(s) will be liable to pay the Photographer(s) the following sums-

Notice received greater than 28 days or more before the event date: Booking Fee only.

Notice received less than 28 days before the event date: Booking Fee + 50% of the outstanding event fee stated in the contract.

Attendance

In the unlikely event that the photographer(s) are unable to photograph the event due to illness, emergency or accident, every effort will be made to find a suitable replacement photographer. If unable to reschedule or find a professional replacement photographer, the payment(s) made to Will and Sarah Photography will be refunded in full. The return of the payment(s) shall be the entire obligation under this contract. No other damages or guarantees of any kind are recognised or warranted.

Postponement

A booking is considered firm from the date of payment and accordingly, Will and Sarah Photography will at their discretion charge a fee upon postponement of the agreed date.

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.

Additional Hours

Any hours worked above the time set out in your invoice will be charged at £150 per hour.

Mileage Charge

No mileage charge applies within 60 miles from Bridgwater, Somerset, calculated using the postcode TA5 2BA. Distances more than this will incur a small surcharge of 40 pence per mile. If your wedding venue is greater than 80 miles from TA5 2BA an overnight stay may be required, and an accommodation charge may incur unless you can provide accommodation.

VAT

All prices quoted include V.A.T at the prevailing rate where applicable.

Personal Information

You will not be added to any mailing lists and will only be contacted by Will and Sarah Photography personally about your enquiry. Your personal details will not be used for any marketing purposes, nor will they be passed on to any third parties. They will only be stored via email hosted by our service provider, which can only be accessed by Will and Sarah Photography. If you wish to request for any email(s) containing your personal information to be deleted, please email hello@willandsarahphotography.co.uk

Complaints

All complaints should be raised by the Client(s) directly to the Will and Sarah Photography in writing within 14 days of the occurrence which gives rise to the complaint. Will and Sarah Photography will consider the complaint and shall respond to the Client(s) within 14 days of receipt of the complaint. In the unlikely event of an unresolved complaint, the Client(s) may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

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.

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