It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
The Booking fee secures the time and services of Andrew Davis for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Following payment of the booking fee, balance of fees due are to be paid: Full payment 28 days prior to the wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
Andrew Davis may display any photographs included in this contract in his studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.
All image sizes are nominal. Andrew Davis will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
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. 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 permission of Andrew Davis Photography in writing. English Copyright Law states that the copyright of photographs remains with the photographer. However, the Photographers can grant the client permission to make copies of the images under the following conditions. The images taken by the Andrew Davis and any assistant are for personal use by the bride and groom and their friends and relatives. Selling, Publication or any Commercial use of the photographs is not allowed.
Andrew Davis shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. By signing this contract, the client is aware of the style of photography that Andrew Davis produces.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the unlikely event of the Andrew Davis being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability at no cost to the client. This contract will be transferable to said photographer.
Limitation of Liability
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 indirect or consequential loss.
The Client may cancel this contract at any time by giving written notice to Andrew Davis, but in doing so shall forfeit any monies paid Cancellation less than 12 weeks before the wedding will result in the payment in full. Cancellation must be in writing even if a phone call was made to inform Andrew Davis of the cancellation. The deposit will be transferable for up to 365 days after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
Paparazzi Wedding Guests
All your guests will have digital cameras and all your guests will want to photograph the "bride and groom." In the spirit of cheerful cooperation the bride and groom agree to give the Photographers precedence over your guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the bride and groom have continually interrupted the photographer’s work.
Note that Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the bride and groom agree to accept the technical limitations that may be imposed on the equipment used. We advise the bride and groom to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
The client is responsible for the final approval of any album ordered and should check every detail is correct. This includes all images and any wording used, including dates. If an error is found after approval the client will incur a charge to get the fault rectified. This cost will be specific to the album ordered and in some cases might involve a complete reprint of the album.
Change of Date or Venue
Andrew Davis must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Andrew Davis. If a change of date is made Andrew Davis cannot guarantee availability.
Failure to Perform
Due to the limited and subjective nature of the event Andrew Davis cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Andrew Davis will be used for organizational purposes only and in no way represents photography that will actually be produced. Andrew Davis will do his best to fulfil all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.
Inclement Weather Charge
In the event of severe weather, including but not limiting, a blizzard, severe rain storm or other unforeseeable events Andrew Davis may make the decision that it’s unsafe to drive home, and hotel stay will be billed to the client.
Wedding Coordinator / Event Guide
If the ceremony or reception provides a "COORDINATOR/ EVENT GUIDE", the client is responsible for communicating all of the relevant information. Including, but not limited to: time line, itinerary, schedules, etc.; with Andrew Davis prior to the wedding day.
It is the clients’ responsibility to schedule and receive permission to use various locations for photography, including the wedding and reception locations and any other locations used during the day. Should a location require a payment, this payment will be paid by the clients.
Client assumes responsibility for any and all collection costs and legal fees incurred by Andrew Davis in the event that enforcement of this contract becomes necessary.
Andrew Davis cannot be held responsible for damage to garments during environmental events. Client is responsible to arrange personal assistance for wedding garments. Andrew Davis will not put any parties in a situation (unless requested by bride or groom) that will cause harm or damage to special garments. However, to achieve certain photos, the clients agree that they will trust the discretion of Andrew Davis and assistants.
The parties agree to positive cooperation and communication.
The most up to date terms and conditions will immediately apply to any client that has already signed.
Storage of Images
Due to the lack of information about how long CDs/DVD/USBs can hold information, Andrew Davis recommends you back up your images on another media format other than CD/DVD/USB, such as cloud storage. However, Andrew Davis also recommends making multiple copies of CDs/DVDs every few years to insure the images for years to come. Andrew Davis cannot be held responsible for the failure of CDs/DVDs due to mishandling. It is the client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your images is very important.
Completion of Order
Payment in full is required for all orders to be released. Due to the individuality of any single order refunds are not possible due to the fact that once images are ordered they cannot be sent back to the lab or resold to another customer.
Gift certificates and vouchers purchased directly from Andrew Davis Photography are valid for 12 months from the date of purchase. Any gift certificates and vouchers that have been won or have been donated are valid for 3 months from the date of when the draw was made. Should there be any alternative information then please check individual gift certificates or vouchers for details.
Gift certificates and vouchers cannot be exchanged for a cash alternative.
Please note that these Terms & Conditions cover all aspects of Andrew Davis Photography and as such not all of them will apply to the service that you require.