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.
1.0 Booking Fee
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.
1.1 Payments - weddings
Following payment of the booking fee, the 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.
1.2 Payments - non wedding services
Payment of any items (prints, canvas, frames, etc) purchased from Andrew Davis Photography is due at the time of purchase. Payment cannot be deferred to the date of collection. No photographs will be ordered until payment is made in full.
2.0 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: timeline, 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.
The parties agree to positive cooperation and communication.
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 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.
In the unlikely event of 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 the said photographer.
4.1 Limitation of Liability
In the unlikely event of 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.
4.2 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.
4.3 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.
4.4 House Rules
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.
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 of 75% of the package booked. Cancellation must be in writing using Andrew Davis Photography's cancellation form even if notice of cancellation has been sent in any other way. The deposit may be transferable for up to 365 days after cancellation, assuming that the cancellation happens 12 weeks or more before the date of the original wedding. 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.
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 use of a third party, at the clients expense, to mediate but only on the basis that its decision shall be final and binding upon both parties.
4.7 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 the 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 a 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 and you risk losing your booking fee.
4.8 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 the 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.
4.9 Inclement Weather Charge
In the event of severe weather, including but not limiting, a blizzard, severe rainstorm 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.
4.10 Social Distancing
All events that Andrew, or any appointed photographer, is asked to attend, must adhere to any and all social distancing guidelines that are set out by the government and are in law at that time. This includes number(s) of allowed guest and local restrictions. There shall be no flexibility on this clause by Andrew Davis Photography. Should this rule be broken, then Andrew Davis, or any appointed photographer will no longer be allowed to photograph and will leave the premise as soon as possible. Any moneys paid shall be forfeit.
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. If you'd prefer that your images remained private and not used for the aforementioned purposes please inform Andrew at the time of your booking.
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.
5.2 Creative License
Andrew Davis shall be granted an 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.
Any additional editing and/or retouching outside of the editing terms detailed in 5.1 will be subject to a rate of £15 per picture. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, removal of objects from a scene, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements.
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.
5.5 Album Approval
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.
5.6 Completion of Order
Completion of an order can only be made once the client/s have chosen and approved the final album/images. This should be completed no more than 12 months from the date of the event. Any approvals that are made after 12 months will incur an additional charge to cover extra costs. 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.
5.7 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/USBs every few years to ensure the images are safe for years to come. Andrew Davis cannot be held responsible for the failure of CDs/DVDs/USBs due to mishandling. It is the client’s responsibility to keep backup copies of any CDs/DVDs/USBs 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.
Andrew Davis cannot be held responsible for damage to garments during environmental events. The client is responsible to arrange personal assistance for wedding garments. Andrew Davis will not put any parties in a situation (unless requested by the 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.
7.0 Pre-Wedding Shoot
Any pre-wedding shoot that is included in the package is complimentary and has no monetary value. It cannot be exchanged for any other service offered by Andrew Davis Photography. It is the responsibility of the clients to make themselves available at a mutually convenient time 'before' the wedding.
8.0 RAW Files
Unedited RAW files (aka Digital Negatives) are available from Andrew Davis Photography at a cost of £25 per image for wedding bookings only with a minimum of 20 images to be purchased at any one time. This fee is non-negotiable. The Copyright will still belong with Andrew Davis Photography, but the purchase of the RAW file will allow a creative licence for that image. Selling, Publication or any Commercial use of the file is forbidden.
9.0 Returned Payments
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.
10.0 Gift Certificates/Vouchers
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 6 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.
11.0 Travel Costs
The client agrees to pay any costs over the included travel at a rate of 50 pence per mile.
Should accommodation be required for Andrew Davis and any of his colleagues, then this shall be paid by the client. Choice of accommodation and the duration of the stay should be mutually agreed by both parties prior to any contract being signed.
11.2 Long Distance Travel
The cost of ALL accommodation and travel will be the responsibility of the client. Mutual decision on flight times, accommodation and other transfer costs, including hire vehicle if required should be agreed by both parties prior to any contract being signed. If this isn't possible due to flights, accommodation, etc not being available to book at the time of booking due to them not being released, then an agreed maximum fee is required so that Andrew is not left out of pocket.
The most up to date terms and conditions will immediately apply to any client that has already signed unless otherwise agreed in writing. These terms & conditions may be updated with new information as it arises and it is the client(s) responsibility to check for updates, however, the photographer will endeavour to inform the client(s) with any changes. Any changes will be emailed to clients if and when they're made.