Oakhouse Photography | Terms and Conditions
It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification shall be effective unless accepted by Oakhouse Photography.
A booking fee is required when the client signs the contract. Dates are reserved only when the booking fee is paid in full. This sum will apply towards the contract fee. The booking fee is non-refundable, subject to the Cancellation policy below.
The booking fee is £250.00 for all wedding packages, £100.00 for engagement and renewal of vows packages and £50.00 for family photo shoots, personal events and afternoon tea/photo shoot packages. All outstanding balances to be paid no later than 30 days prior to the event date (see PAYMENTS below).
In the event of a wedding or other personal shoot being booked within 30 days of the event date, full payment for the cost of the event will be required at the time of booking.
For commercial photography assignments including model portfolios, headshots and all other commercial activities, the booking fee will consist of 50% in advance at the time of booking and the balance payable on completion of the photographic assignment and prior to delivery of the final product.
The booking fee covers the photographer’s time and talent, and includes any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary to the performance of this contract. It also secures your photography date. Photographic images and products are invoiced separately, depending on the package selected. The fees quoted above are valid within a 50 mile radius of our location (Bexley, Kent). All other UK locations between 50-150 miles of our location are subject to an additional travel charge of 45p per mile in both directions and £20.00 subsistence allowance. All locations over 150 miles within the UK and internationally will be charged as appropriate for travel, accommodation and subsistence charges.
The balance of the payment for the services contracted for must be paid not later than 30 days prior to the wedding, event or commencement of the photo shoot. Payment for additional prints, images and/or albums is to be made when these are ordered. All payments are preferred by BACS transfer, debit or credit card unless agreed otherwise. Any bank charges incurred by us due to unapproved payments will be charged to the client together with an additional administration charge of £25.00.
Please note the client’s right to cancel the contract within 14 days of the signing of the contract, providing that no clearly personalised work or order has already been undertaken by Oakhouse Photography on behalf of the client.
In the event of the client cancelling a booking for photography Oakhouse Photography reserves the right to charge a cancellation fee in accordance with the following scale after 14 days from signing of the contract and subject to no work being undertaken for the client:
- Booking fee only if cancelled more than 6 months prior to the wedding, event or commencement of the photo shoot.
- The agreed booking fee and 50% of the outstanding balance if cancelled between one and six months prior to the wedding, event or commencement of the photo shoot.
- 100% of the agreed fee if cancelled within 30 days prior to the wedding, event or commencement of the photo shoot.
If full payment for the booking is not received within 30 days prior to the wedding, event or commencement of the photo shoot, the photographer at their discretion may:
1) Continue with the booking provided the full payment plus a late payment charge of £100.00 is received no later than 21 days prior to the Event
2) Cancel the booking and seek legal redress for payment of the outstanding balance of the booking together with any legal fees incurred and interest payment at the commercial rate.
Should the cancelled wedding, event or photo shoot turn out to be a postponement, then at the discretion of Oakhouse Photography and subject to availability, monies other than the booking fee may be applied to the new date.
In the event of the photographer being unable to attend due to circumstances beyond their control, a full refund of the booking fee and contracted services fee will be made.
WEATHER AND/OR DELAYS
Weather permitting the photographs will be taken as agreed. In the event of inclement weather, the photographer, in co-operation with the client will make the necessary changes to the schedule and will do his best to produce coverage of the Event within the time allocated to him. Similarly, when delays occur due to circumstances outside his control, the photographer will stay on beyond the agreed time but will charge an additional fee for extra time involved.
Oakhouse Photography will endeavour to honour requests for specific photographs subject to the following: location, weather and time permitting; availability and the co-operation of the person(s) concerned.
Oakhouse Photography cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding, event or photo shoot party not being ready on time, nor by restrictions placed on the photographer by officials of the church, register office or other such venues and locations. The photographer does not guarantee any specific picture nor to include any specific individual, background, location, props, or arrangement, although every effort will be made to interpret the client’s wishes throughout the day. The photographer is limited by the guidelines of the ceremony official or venue site management. The client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the client’s responsibility. Oakhouse Photography will offer technical recommendations only.
Additional hours are charged at £150.00 per hour, which includes image editing as well as photography coverage. For Bank Holiday/New Years Eve coverage the additional hourly rate is increased to £250.00.
COLOUR MATCHING AND SIZES
Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models. All print and presentation sizes quoted are approximate and subject to the discretion of the photographers.
COPYRIGHT & LICENCE AGREEMENT TO USE IMAGES
Images supplied by Oakhouse Photography are protected by the Copyright, Designs and Patents Act 1988 and other legislation, and a breach of copyright law is a SERIOUS OFFENCE. By receiving the below images supplied by Oakhouse Photography, you acknowledge your acceptance of the terms of this Contract Licence and you agree to be bound by its terms and conditions. Any failure to comply with the terms of this licence may be dealt with as a copyright infringement.
The Licensed Images are supplied by either (1) Digital Download or (2) USB memory stick or similar storage device in both ‘High Resolution’ and ‘Low Resolution’ formats.
Oakhouse Photography grants you non-exclusive, non-transferable, licence to use the supplied Images, in the following ways –
- From the High Resolution images you may make an unlimited number of prints for ‘Personal use’ (as defined below) only. They are NOT be used for public display on websites or any such medium.
- The Low Resolution Images have been resized to be suitable for most online websites and may be used for ‘Personal use’ (as defined below) and public display on websites or any such medium. These images have a small watermark on them to allocate accreditation to Oakhouse Photography which must remain on them*. Please note that these images are not suitable for printing.
For the purposes of this Licence agreement ‘Personal use’ does not include use that which results in financial gain (including but not limited to: advertising, stock photography, print sale profits, or resale of any nature). It also excludes use for other commercial or editorial purposes, as well as competition use without the express written permission of Oakhouse Photography.
It is not permitted to alter or adjust any of the High or Low Resolution images without the express written permission of Oakhouse Photography.
The above permissions apply worldwide.
Your purchase of the original files releases Oakhouse Photography from any liability due to loss or damage of the images, and also releases Oakhouse Photography from any obligation to maintain copies of any digital file, image, or photograph.
You hereby grant to Oakhouse Photography the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use. Oakhouse Photography agrees to limit the use of these images and photographs to promotional use only.
All right, title and interest in the Licensed Images, including (without limitation), all copyright, patent, trademark, rights of publicity and other proprietary rights, are owned and shall remain with Oakhouse Photography.
Having signed a contract with Oakhouse Photography and by accepting these images, you are agreeing to the above Licence and its Terms & Conditions.
This Licence Agreement is governed by English law and shall fall under the Exclusive Jurisdiction of the Courts of England and Wales.
Oakhouse Photography will provide a set of the selected images agreed as part of the package to the client in JPEG format for personal use only and for permit sharing on social media websites. At no time will the copyright transfer from Oakhouse Photography to the client.
All digital images created by Oakhouse Photography shall remain the property of Oakhouse Photography who undertakes to store all such images safely and make them available for future reproduction for a minimum of 2 years. Photographic prints will become and remain the property of the Client(s). However, the Client(s) specifically acknowledge that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce, or authorise the reproduction of, such images. Digital images remain the property of Oakhouse Photography. They shall be stored for a minimum of 2 years after which they may be disposed of.
Digital images supplied to the client will be in JPEG format only and no later than 28 days from the date of the wedding, except in circumstances that are beyond the photographer’s control or with prior agreement with the client. No RAW, DNG, TIFF or other file formats will be supplied to the client. All High Resolution JPEG files will measure 3600px on the longest side and 300ppi and Low Resolution JPEG files will measure 2048px on the longest side and 72ppi.
All images required for print or the album must be supplied and/or confirmed to Oakhouse Photography within 3 months of the date of the supply of the proof images to the client. Failure to do so could result in increased costs for the manufacture of the album. Any such costs after 3 months will be passed on to the client. The photographer will supply the album and number of pages that has been ordered subject to any variation that the client may make. The client is entitled to 2 sets of image changes, without charge. Should the client request a change of album size or for any additional variations over and above that originally ordered by the client, this will be charged at the rate current at the time of production, and will be included in the final account. The photographer agrees to allow 6 hours for the creation of the album. Any increase on this allowance will be charged at the hourly rate in force at the time of the commission. The current hourly rate is £50.00 per hour.
Online galleries are provided for clients to view, proof, and share their wedding or photo shoot images with clients, family or friends. Access to the gallery is free of charge. Clients, family and friends are free to browse the gallery, leave comments and purchase digital downloads of images, prints or other products that become available through the gallery. All products and prices are displayed on the gallery.
The online gallery is available for a period of 180 days for wedding clients and 90 days for events and personal photo shoots from the date of the gallery being made live to the client. Availability to commercial clients is subject to agreement at time of booking of our services. Once the availability period stated above has been reached access to the gallery will expire. Once expired, a fee of £100.00 will be payable Oakhouse Photography to re-activate the gallery from the archive. Re-activation of the gallery will be for the before-mentioned periods. Additional periods of re-activation after any subsequent expiration will incur the same fee.
Please note that any person viewing the gallery may preview and/or purchase images or products from the gallery but are strictly NOT permitted to copy, remove, crop or alter in any form any of the images from the gallery onto any personal or commercial website, social media page or feed or use for any other purpose. All images are the copyright of Oakhouse Photography and any misuse is an infringement of our copyright.
By booking Oakhouse Photography to undertake any photographic work or to work in conjunction with Oakhouse Photography on any paid or unpaid photo shoot or assignment, the client hereby grants to Oakhouse Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Oakhouse Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
Oakhouse Photography will not tolerate any abusive or physical behaviour towards staff and property of Oakhouse Photography which may affect the performance of photographic duties. Acts of physical, sexual or verbal abuse will not be tolerated and may be dealt with by immediate termination of duties, and appropriate action will be taken. In instances where a termination of duties occur the contract will be deemed to be cancelled with immediate effect and there will be no refund of fees paid and no products supplied.