Merv Spencer

CONTRACT FOR WEDDING PHOTOGRAPHY

By this Contract with Merv Spencer Photography (hereinafter Called ‘The Photographer’) it is mutually agreed that the Photographer/s shall provide services and/or goods as specified and that the Client shall pay the Photographer/s the amounts due for the said services and/or goods on the due date set out below.

Terms and Conditions of Wedding Contract

It is agreed that this contract will govern terms and conditions on which the Photographer/s will take images of the Client’s wedding (details of which are attached) and it is agreed for the sake of certainty that this contract together with any written representations made by the Photographer/s set out the total contract made between the parties. No variation or modification of this contract shall be effective unless agreed by both parties in writing. However, this shall not limit the Client’s right to take action against the Photographer/s for false or deliberately misleading statements made verbally by the Photographer/s prior to signing this contract.

1. Booking Fee
A booking fee of £100 (“The Booking Fee”) is charged when the Client agrees to this contract. The Booking Fee is non-­refundable save Where the Client lawfully terminates the Contract. The Booking Fee is deducted (in full) from the total price as calculated by totalling fee due and album figures as detailed in the Schedule (“The Price”).

2. Payment
Following payment of the Booking Fee the remaining balance is due to be paid on or before 1 week prior. Payment for additional images is to be made when they are ordered for the prices stated upon order. Additional images are not included in the Price.

3. Display
The Client hereby allows the Photographer/s to display any image/s taken pursuant to this contract in their studios, portfolios, literature, wedding exhibitions and advertising. No use of the image/s will be made by the Photographer/s for other commercial reason except with the written permission of the Client. For the avoidance of doubt all copyright in the images are owned absolutely by the Photographer within the provision of the Copyright, Design and Patents Act 1988. It is contrary to this Act to copy or allow to be copied photographically, electronically or by any other means any image created as part of this contract without the express permission of the Photographer/s. The digital images supplied under this contract shall be free of any copyright restrictions, with a copyright waiver document.

4. Images
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but the Client accepts and agrees the Photographer/s cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially in man made fibres and that it is sometimes impossible to record photographically the exact colour seen by the human eye.

5. Retouching
Retouching, digital manipulation and artiste finishing is available to the Client as an optional extra for an additional price to be agreed.

6. Reorders
All reorders shall be treated as an extension of this contract and will be charged for at the Photographer/s prices prevailing at the time of reorder. No responsibility for error will be accepted unless orders are given in writing.

7. Licence
7.1 The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. Due to the vagaries of the weather and the willingness of the subject/s it may not be possible to capture all of the images requested by the Client.

7.2 No less than 14 working days prior to the date of the wedding the Client shall supply a written list to the Photographer/s setting out the number of images the Client requires under this Contract clearly identifying those people who should appear on the images with a brief description of the setting and background (“the Specification”)

7.3 The Photographer/s shall use all reasonable endeavours to take only those images specified by the Client pursuant to the Specification.

7.4 Notwithstanding the provisions of Clauses 7.1, 7.2 and 7.3 if, for any reason, the Photographer/s reasonably deem it unreasonable in the circumstances to take the images which have been requested in the Specification then the Photographer/s shall exercise their right to take such images as they consider appropriate in the circumstances.

7.5 lf in the reasonable opinion of the Photographer/s, the Client does not provide a written list of sufficient detail to enable the Photographer/s to comply with the Specification (or if the Client does not provide such a list at all), within the time scale detailed at 7.2 then the Photographer/s may exercise their discretion and take such images with the Client.

8. Matters Beyond the Parties’ Control
The due performance or alteration of this Contract is subject to alteration or Cancellation by either party owing to any cause beyond their reasonable Control.

9. Limitation of Liability
Neither party shall be liable to the other for any losses that the other suffers as a result of the breach of the contract unless those losses are a foreseeable consequence of the breach. The Photographer/s cannot be held liable under this contract where the client is unhappy with the composition of any photographs where the Photographer/s have complied with his obligations under

Clause 7. l
10. Cancellation
10.1 The Client may cancel this contract at any time after it has been signed by sending a written notice to the Photographer/S.

10.2 If the Client notifies the Photographer/s more than 120 days before the date that the wedding is due to take place then the photographer/s shall reimburse the Client the Whole of the price as is more particularly detailed in Clause

10.3 It the Client notifies the Photographer/s that they wish to cancel the contract at any time within three months of the date of the wedding then the amount of compensation that they shall receive shall be calculated as a proportion of the Price in accordance with the table below: (detailing the amount refunded to the Client).

0 – 7 days 0%; 8 – 14 days 5%; 15 – 30 days 10%; 30 – 60 days 20%; 60 – 120 days 50%; more than 120 days 100%

In the event of a Cancellation of this Contract all Booking Fees paid are non refundable.

11. Negatives/Digital Files
Negatives and Digital Files remain the property of the Photographer/s.

12. Prices
All prices fully include V.A.T (if applicable)

13. Complaints
13.1 The Client shall notify the Photographer/s in writing within 21 days of receipt of the final form images if they have a Complaint regarding an issue which would be obvious within that 21 day period or otherwise, as soon as possible after the issue giving rise to the Complaint has become apparent setting out the nature of the complaint in sufficient details so as to make it clear to the Photographer/s the nature and reason for the complaint.

13.2 If, upon expiry of the 21 days period referred to in clause 13.1, the Photographer/s have not received a complaint then any complaint made after that date shall be sent directly to the Master Photographers Association who shall, at the sole discretion, determine whether or not the complaint should be registered within the Associations Complaints Procedures.

13.3 Upon the signed Contract of both parties to this contract the Master Photographers Association shall act as a mediator in relation to resolution of any dispute arising under this Contract and its decision in relation to such dispute shall be final but not binding.

14. Privacy.
We will not use your details for any marketing purposes. As our client, we will only contact you by email, text, or post when we are required to as part of the service we are providing to you. This includes, but is not limited to, appointment reminders, and notifications that orders are ready. We will not use your images for display or promotion if you ask us not to, and we will double check your permission for this at your pre-wedding consultation.

Find Merv Spencer

Market Street
Heanor
Derbyshire
DE75 7NR

T. 01773 252000
M. 07971 187728
E. info@mervspencerphotography.co.uk

Merv Spencer