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Swallows Oast Wedding of Jess & Tom

Terms and Conditions

These are Oakhouse Photography’s current terms and conditions with effect from 1st August 2020.

BOOKING FEE

A booking fee is required to reserve the Event, Date/Time & Service with the Photographer. Dates are reserved only when the booking fee is paid in full and contract is signed. This sum will apply towards the contract fee. The booking fee is non-refundable, subject to the Cancellation/Postponement policy below.

The booking fee covers the Photographer(s) time and talent and includes any additional costs the Photographer(s) may incur for travel, meals, parking, and other reasonable costs necessary to the performance of this contract for the initial meeting and administration time and costs. It also secures your photography date.

The prices quoted are valid within a 75 mile radius of our location (Bexley, Kent – DA6 postcode). All other UK locations over 75 miles of our location may be subject to additional travel and accommodation charges dependent on location. All locations outside Mainland UK are subject to individual travel and accommodation charges as confirmed prior to the wedding.

PAYMENTS

The balance of the payment for the services contracted for must be paid to the Photographer(s) no later than 28 days prior to the wedding.

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.

If full payment is not made by the due date, the Photographer may:

1) Continue with the booking provided the full payment plus a late payment charge of £100.00 is received no later than 7 days prior to the Event.

2) If the agreed payments are not made 7 days prior to the Event, the Photographer will consider the booking as a cancellation and seek legal redress for payment of any outstanding balance of the booking together with any late payment charge, legal fees and interest payment at the commercial rate current at the time of cancellation.

Payments for additional prints, images and/or albums are to be made in full when these are ordered.

 CANCELLATION/POSTPONEMENT

Please note the Client’s has the 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(s) cancelling a booking for photography, the Client(s) shall place this is writing to the Photographer(s). In such cases, the Client(s) will be liable to pay the Photographer(s) the following sums:

  • Booking fee only, if cancelled more than 28 days prior to the scheduled Event.
  • 100% of the agreed fee if cancelled within 28 days prior to the Event.

Should the cancelled Event turn out to be a postponement, then at the discretion of Oakhouse Photography and subject to availability, monies paid may be applied to the new date.

If the postponed date is less than 12 months from the originally scheduled date, no additional charge will apply. Should the postponement be more than 12 months from the original Event date, an additional charge of 10% of the original collection cost will be payable for each additional 12 month period.

In the event of the Photographer(s) being unable to attend due to circumstances beyond their control, the Photographer will endeavour in the first instance to arrange a replacement photographer to photograph and/or edit the event. If a replacement photographer cannot be found by the photographer or their representative(s), a full refund of the booking fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

WEATHER AND/OR DELAYS

In the event of inclement weather, the Photographer(s), in co-operation with the Client(s), 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.

COVERAGE & REQUESTED PHOTOGRAPHS

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 but cannot be guaranteed.

Oakhouse Photography cannot be held responsible for the lack of coverage caused by the client(s) or members of the wedding, event or photo shoot party not being ready on time, nor by restrictions placed on the Photographer(s) by officials of the church, register office or other such venues and locations. The Photographer(s) 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(s) agrees to accept the technical results of their imposition on the Photographer(s).  Negotiation with the officials for moderation of guidelines is the client’s responsibility. Oakhouse Photography will offer technical recommendations only.

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

IMAGES & REPRODUCTION

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.

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 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 USB’s are used, and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.

RETOUCHING

Retouching, digital manipulation and artist finishing is available to the Client(s) at an extra cost. This work may be undertaken by a third party contractor dependent on the type of work required.

REORDERS

All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

PRODUCTS

In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

 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:

  1. From the High-Resolution images you may make an unlimited number of prints for ‘Personal use’ (as defined below) only. They are NOT to be used for public display on websites or any such medium.
  2. The Social Media Sized 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 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 sharing on social media websites. At no time will the copyright transfer from Oakhouse Photography to the client.

DIGITAL IMAGES

All digital images created shall remain the property of the Photographer(s) who undertake to store all such images safely and make them available for future reproduction for a minimum of 6 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 of the images, or any right to reproduce, alter/edit or authorise the reproduction of such images.

Digital images supplied to the client will be in JPEG format only and no later than 35 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 for any purpose.

All High-Resolution JPEG files will measure 3600px on the longest side. Any request for a change in these sizes will be considered by the Photographer(s) and may be subject to an additional charge.

ONLINE GALLERY

The online gallery is provided for a 70 day period once the gallery has been made live to the Client during which time the Client can download their hi-resolution and social media sized images, share images to their social media pages, share the gallery with family and friends and purchase additional prints and digital downloads. This is extended to 120 days if a wedding album is pre-booked or ordered with the wedding photography collection within 70 days of the gallery having been made live.

Family and friends may purchase individual and set of images or complete gallery downloads when the Client has shared the password with them. In the event that the Client does not wish to share individual images within the gallery, the Client may choose to make individual or set of images private. Instructions are provided with the gallery explaining this option.

If an online gallery needs to be reinstated following closure, a charge of £10 per month is payable in advance for the required time period of reopening.

Oakhouse Photography cannot be held responsible for any misuse of images from the gallery which has been shared by the Client.

WEDDING ALBUMS

The cost of any wedding album will be confirmed to the Client at the time of ordering, once proofing and album design has been completed. 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. Full payment for the album including any additions will be made by the Client prior to the album being ordered.

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.

Once ordered, the album cannot be cancelled. In the event that the Client requests cancellation of the order or any changes to be made after the order has been placed, the Client will be responsible for all costs incurred for the cancellation and/or or any requested changes.

MODEL RELEASE

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 the Photographer(s) and its legal representatives and assigns from all claims and liability relating to said photographs.

COMPLAINTS

All complaints should be raised by the Client(s) directly to the Photographer(s) in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer(s) will give consider to the complaint and shall provide a response to the Client(s) within 14 days of the receipt of the complaint. In the case of an unresolved complaint, the Client(s) may request The Guild of Photographers to mediate but on the understanding that its decision will be final and binding on both parties.

BEHAVIOUR POLICY

Oakhouse Photography will not tolerate any abusive or physical behaviour towards staff and property of the Photographer(s) 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 services or duties, and appropriate action will be taken. In instances where a termination of services or 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.

PRIVACY POLICY

Our Privacy Policy is available to view and download on our website at oakhousephotography.co.uk/privacy-policy by the Client(s). A copy will be emailed to the Client(s) on request.