These Terms & Conditions (“agreement”) apply to all services provided by Mark Shaw Photography (“the photographer”) to the client(s) named in the booking confirmation. By paying the booking fee, the client confirms acceptance of these terms. To proceed with booking please read these following terms and conditions and if in agreement submit the booking form at the bottom of this page.

Booking & booking fee

• The 25% booking fee secures the time and services of Mark Shaw Photography as the primary photographer for the wedding - this retainer payment is non-refundable even if the date is changed or if the wedding becomes cancelled for any reason.

• This booking fee reserves and confirms your date specified on your booking form. If there is an alteration to your wedding date, an additional booking fee of the same amount will be required. Following payment of the booking fee, the remaining balance is due to be paid 30 days before the wedding day. 

• Should travel expenses be part of the booking agreement, the travel costs agreed upon will need to be paid up front at the same time as the booking fee to confirm the booking. This is individual to each booking. Travel expenses are non refundable. 

• Please see below regarding additional costs over and above the agreed contracted hours.

Provision of hot meal & refreshments

For weddings over 5 hours in duration, a hot meal must be provided to the photographer at the same time as the wedding breakfast and access to the same food and liquid refreshment (non-alcoholic) as the guests throughout the day. This must be notified to the catering staff and not overlooked.

1. Definitions

“Event” means the wedding detailed in the booking confirmation.
“Services” means the photography and/or videography services agreed.
“Deliverables” means the images, films or products supplied.

2. Booking & Payment

2.1 A non-refundable 25% booking fee secures the event date. Payment of the 25% booking fee will be considered as proof of your acceptance of these terms and conditions.
2.2 The balance is due no later than 31 days before the event.
2.3 If full payment is not received by the due date, the photographer reserves the right to treat the booking as cancelled.
2.4 Payments are non-refundable except as expressly provided in this agreement.
2.5 Please see below regarding additional costs over and above the agreed contracted hours.

Additional costs

• Mileage per mile for all miles travelled to and from a wedding outside Cornwall is charged at 0.45p per mile.

• Overnight stays: if the photographer is required to stay overnight, a minimum cost of £150 per photographer per night will be levied. This cost will include all accommodation and subsistence.

• Overseas weddings - I will provide an additional estimate for overseas travel and accommodation if required.

• Additional hours over and above the agreed contracted hours are charged at £200 per hour. If your wedding runs over the agreed time you agree to this additional amount being invoiced and payment made.

3. Scope of Services

3.1 The services are limited to those detailed in the booking confirmation.
3.2 Any additional hours, products or services must be agreed in writing and may incur additional fees.
3.3 Where videography services are provided, individual elements (e.g. ceremony video, speeches video) may be separately itemised.
3.4 The photographer is not responsible for capturing any specific image, person, or moment unless expressly agreed in writing.

4. Client Obligations

4.1 The client shall ensure safe and reasonable access to all relevant locations.
4.2 The client is responsible for obtaining any venue permissions or permits required.
4.3 The photographer shall not be liable for failure to capture footage or images due to venue restrictions, officiant restrictions, guest interference, lateness, or schedule changes outside the photographer’s control.

5. Artistic Discretion

5.1 The client acknowledges that the photographer’s work is artistic in nature.
5.2 The photographer retains full creative control over composition, lighting, editing, colour grading and final selection of deliverables.
5.3 RAW files and unedited footage will not be supplied unless there has been an agreement prior to the wedding.
5.4 Dissatisfaction with artistic style shall not constitute a breach of contract.

6. Live Event Limitation

6.1 Weddings are live, unscripted events.
6.2 While reasonable care and skill will be exercised, specific shots, moments or outcomes cannot be guaranteed.
6.3 Environmental conditions including lighting, weather and venue constraints may affect results.

7. Equipment Failure & Data Loss

7.1 The photographer uses professional-grade equipment and utilises backup equipment where reasonably practicable.

7.2 In the unlikely event of:

• Total equipment failure

• Partial equipment malfunction

• Memory card failure

• Corrupted or lost digital files

• Accidental deletion

• Or other technical fault beyond reasonable control

The photographer’s liability shall be limited strictly as follows:

a) Where a specific deliverable or service has not been provided, liability shall be limited to a refund of the amount paid for that specific deliverable or service.

b) Where services form part of a bundled package without individual pricing, liability shall be limited to a fair and reasonable pro-rata proportion of the total package price.

7.3 The photographer shall not be liable for:

• Indirect or consequential loss

• Loss of profit or opportunity

• Loss of enjoyment

• Emotional distress

• Costs of alternative photography or videography booked after the event

7.4 The client agrees that the remedies set out in this clause represent a genuine pre-estimate of loss in circumstances where re-performance is impossible due to the nature of the event.

8. Total Limitation of Liability

8.1 To the fullest extent permitted by law, the photographer’s total liability arising under or in connection with this agreement shall not exceed the total amount paid by the client under this agreement.

8.2 Nothing in this agreement limits or excludes liability for:

• Death or personal injury caused by negligence

• Fraud or fraudulent misrepresentation

• Any liability which cannot legally be limited or excluded

9. Cancellation

9.1 Client Cancellation

a) The 25% booking fee is non-refundable.
b) If cancellation occurs less than 90 days before the event, the full remaining balance becomes payable as a genuine pre-estimate of loss.
c) If the photographer is able to rebook the event date, any recovered amount (less reasonable administrative costs) may be refunded at the photographer’s discretion.

9.2 Postponement

a) If the event is postponed and the photographer is available on the new date, payments will transfer.
b) If unavailable, either a replacement photographer will be agreed or the postponement will be treated as a cancellation by the client.

9.3 Photographer Cancellation

If the photographer is unable to attend due to serious illness, injury, death, or other circumstances beyond reasonable control:

• All monies paid will be refunded in full; or

• A replacement photographer of similar photography style and experience may be offered (subject to client approval).

This shall be the client’s sole remedy.

10. Delivery & Storage

10.1 Delivery timelines are estimates only and not guaranteed.
10.2 The photographer shall not be liable for delays caused by factors beyond reasonable control.
10.3 The photographer will retain digital files for a minimum of 3 months after delivery but does not guarantee long-term storage.
10.4 After delivery, responsibility for file backup transfers to the client.

11. Copyright & Usage

11.1 Copyright remains with the photographer.
11.2 The client is granted a personal, non-commercial licence to print and share Deliverables.
11.3 Commercial use requires written consent.
11.4 The photographer may use deliverables for portfolio and marketing unless the client objects in writing prior to the event.

12. Complaints Procedure

12.1 Any complaint must be submitted in writing within 14 days of delivery.
12.2 The photographer shall be given reasonable opportunity to investigate and respond.
12.3 No claim may be brought more than 12 months after the event date.

13. Force Majeure

The photographer shall not be liable for failure to perform obligations where such failure results from events beyond reasonable control, including but not limited to severe weather, transport disruption, government restrictions, venue closure, fire, flood, or other unforeseen circumstances.

14. Governing Law

This agreement is governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.