Terms and Conditions of Contract 2018/19 for Mark Shaw Photography
In the following terms & conditions "the photographer" shall mean photography supplied by Mark Shaw Photography. "The client(s)" shall be those persons defined as bride and groom in the wedding booking. 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.
Booking & Booking Fee
- The 25% booking fee secures the time and services of Mark Shaw Photography as the primary photographer for the wedding and is non-refundable or transferable in the event of cancellation.
- Payment of the 25% booking fee will be considered as proof of your acceptance of these terms and conditions.
- Please see below regarding additional costs over and above the agreed contracted hours.
- The Client may cancel this contract at any time by giving written notice to Mark Shaw Photography but in doing so shall forfeit any monies so far paid unless within the 14 day cancellation or ‘cooling off’ period which commences on the date the booking has been accepted by Mark Shaw Photography.
- Cancellation within 16 weeks or less of the wedding date will result in the payment in full.
- All cancellations must be made in writing.
- Weddings that are postponed to a later date will retain the fee provided that Mark Shaw Photography can re-schedule for the new date and time.
- It is essential to inform Mark Shaw Photography as soon as possible of any changes of venue, times, or contact details etc in writing. Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of Mark Shaw Photography. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) Mark Shaw Photography is not liable to compensate the client(s).
Provision of hot meal & refreshments
- You agree to provide a hot meal for the photographer for coverage carried out over 5 hours with unlimited soft drinks upon request.
- Following payment of the booking fee, the balance of fees due is to be paid as follows: 75% of the full balance is to be paid one calendar month prior to the wedding.
- No photographs will be delivered until all payments due have been paid in full.
- Payment for additional images and services to be made in advance/when requested.
- 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 £100 per hour or part hour inclusive.
If your wedding runs over the agreed time you agree to this additional amount being invoiced and payment made.
- Mark Shaw Photography may display and use photographs included in this contract for promotional purposes online at (markshawphotography.co.uk), on social networking sites for Mark Shaw Photography including but not limited to Facebook, Instagram and Twitter, within portfolios, literature, display areas, exhibitions, competitions, advertising, and slide shows.
If you do not wish this to be the case, this is negotiable.
Images and image reproduction
- All image sizes are nominal and supplied in a jpeg format. Mark Shaw Photography 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 fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. A good balance of colour and black and white images will be provided unless the Client expresses in writing a preference for a different balance.
- Mark Shaw Photography’s decision over all editing decisions is final. 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. This also applies to glare created by spectacles in certain lights and therefore it is at the risk of the wearer. 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.
- English Copyright Law states that the copyright of photographs remains with the photographer, however Mark Shaw Photography grants the Bride and Groom permission to use and make copies of all images under the following conditions:
- The images taken by the photographer 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 without prior written permission from the photographer. The Bride and Groom are not permitted to pass on images to any third party such as suppliers, that will be used for marketing or advertising purposes without written consent from the photographer.
- Mark Shaw Photography provides you with the right to reproduce your photos at leisure.
- The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc. No use of the images will be made by the photographer for other commercial reason except with the written permission of the client.
- Mark Shaw Photography is to be the sole and exclusive professional photographer. It is understood that wedding guests will of course want to take photos of the Bride and Groom, however, the photographer must be given precedence over your guests in order to take the wedding photographs required. Mark Shaw Photography cannot be held responsible for lack of wedding photos if guests taking their own photos of the Bride and Groom have interrupted the photographer’s work.
- Mark Shaw Photography shall be granted artistic license in relation to the poses photographed and the locations used.
- Mark Shaw Photography’s judgment regarding the locations/poses/colouration 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.
- For bookings involving a church ceremony or at certain other venues, photographers´ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. Mark Shaw Photography cannot accept responsibility for limited coverage in such cases.
- Whilst Mark Shaw Photography shall endeavour to fulfil all the Clients´ requirements, Mark Shaw Photography cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
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. This includes weather conditions and travel delays including but not limited to flights, trains, and road closures
- Mark Shaw Photography cannot be held responsible for lack of coverage caused by any member of the wedding party not being on time, or by Church, Register Office or Licensed Place imposing photography restrictions.
- Should the photographer notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.
- We strive to honour all photographs requested and agreed in advance. We will ask you for your list of essential group photographs and will not deviate from this list unless asked otherwise on the day. We cannot be held responsible for missed photographs due to weather disturbances although all efforts will be taken to provide the agreed coverage.
- In the unlikely event of Mark Shaw Photography not being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another professional wedding photographer with similar style to attend your wedding and to undertake the wedding photography to his/her best ability.
- It is the responsibility of the Client booking Mark Shaw Photography to ensure that all the relevant visas/paperwork are obtained prior to the photographer leaving the UK.
- Without the relevant paper work to ensure safe passage to and from and during the overseas wedding Mark Shaw Photography reserves the right not to travel if it is felt that the personal safety of the photographer is not guaranteed at all times.
Limitation of Liability
- In the unlikely event of a 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.
Conduct & Safety
- The Photographer will not share their time or compete with other photographers or guests for the attention of the subjects. Uncontrolled conduct by any person that interferes with the photographer may seriously affect the quality of images recorded or increase the number of times they must be retaken.
- If the Client is unable to control the conduct of attendees, resulting in what the Photographer feels to be an unacceptable degree of misconduct, or if any such conduct injures or damages the equipment of the Photographer, it will result in the immediate departure of the Photographer.
- The Client understands in such an event, no refund will be granted and claims for damage or injury from the Mark Shaw Photography are likely to be the result.
- In the unlikely event of a complaint, this should first be raised by the Client with Mark Shaw Photography in writing within 10 days from the date of receipt of images.
- In the unlikely event of an unresolved complaint, the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties. www.swpp.co.uk
By submitting the booking form below and supplying your wedding details along with confirmed payment of the 25% deposit, you hereby agree to enter into a contract with Mark Shaw Photography as detailed above. This contract complies with English Law and is subject to normal terms and conditions as a written contract would be.
I have read the terms and conditions outlined above and agree to abide by the terms of agreement set out in it.
I understand that the terms of this agreement cannot be changed unless agreed by both parties in writing.