Terms & Conditions
GENERAL TERMS AND CONDITIONS
PAYMENT OF DEPOSIT CONFIRMS AGREEMENT WITH THE FOLLOWING TERMS AND CONDITIONS. NO DATE IS SECURED UNTIL THE DEPOSIT HAS BEEN PAID IN FULL
For the purposes of this Agreement, “Photographs” means all photographic material furnished by the Photographer pursuant to this Agreement, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. Ownership of materials
Title to all Photographs remains the property of the Photographer.
The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer, provided that the Photographs may not be published by the Client for commercial use.
5. Client confidentiality
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communication to him or her in confidence for the purposes of this Agreement and provision of the Services, save as may be reasonably necessary to enable the Photographer to carry out his or her obligations in relation to this Agreement and provision of the Services.
The Deposit will be fully paid by the Client no later than two weeks following the submission of the Contract information The balance of the Service Fee (less the amount of the Deposit) will be fully paid by the Client no later than the three weeks before the date of the event. If the Service Fee has not been paid within 30 days of such date, the Photographer reserves right to charge simple interest at 5% p.a pro rata from the date that payment is due until the date that payment is made.
Where additional expenses or time is incurred by the Photographer as a result of alterations to the Services by the Client or otherwise at their request, the Client shall give approval to and be liable to pay such additional expenses or fees as are agreed in writing between the Client and the Photographer.
The Client has no right to reject the Photographs on the basis of style or composition.\
Payment of the Deposit secures the time and services of the Photographer for the wedding or event and is non-refundable or transferable in the event of cancellation, it being understood that the Deposit represents the agreed loss incurred by the Photographer due to the cancellation. All cancellations must be notified in writing.
Payment of the Service Fee secures the time and services of the Photographer for the wedding or event and is non-refundable or transferable in the event of cancellation. In the event of cancellation by the Client after the Service Fee is paid in full, it is recognised that the Client will not be due a refund, it being understood that the Service Fee represents the agreed loss incurred by the Photographer due to the cancellation. In the event that the Photographer is able to secure another booking for the same date set out in the Specific Terms and Conditions, then, a refund may be issued at the Photographers discretion minus the Deposit.
In the event of a cancellation, the Client will be liable to pay 100% of the Contract value. The sum is payable as compensation of the loss the Photographer would suffer having potentially turned other work away.
Should the Photographer need to cancel the contract due to unforeseen circumstances such as, but not limited to; illness, bereavement, death, liability is limited to a full refund of monies paid to date.
In the unlikely event of a total photographic failure or cancellation of this contract by either party, whether caused by negligence or in any other circumstances, 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. Tully D’Souza and ShotsbyTully Photography will never be liable for more than the total value of the contract.
10. Governing law
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of England and Wales.
This Agreement shall not be varied except by agreement in writing.
12. Artistic licence
The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. The photographic judgement regarding the locations, poses and number of images taken shall be deemed correct. The Client acknowledges and accepts that due to the vagaries of the weather and the willingness of subjects, it may not be possible for the Photographer to capture all of the images requested. The Photographer reserves the right to withhold any particular photograph for any reason, but without prejudice to the Photographer’s general obligations to attend, provide photography services and deliver photographs pursuant to the Specific Terms and Conditions.
13. Force majeure or act of God
The due performance of this Agreement is subject to alteration or cancellation by either party in the unlikely event of extreme weather conditions, flooding, power failure, industrial disturbance or any other acts of God, civil disturbance or any decree of any governmental authority rendering either party in capable to fulfil their contractual obligations herein.
14. Cooling off period
The Client is entitled to a cooling off period of 14 days, this period begins once the Deposit has been paid. During this time the Contract can be cancelled without penalty and for any reason.
15. Destination weddings and travel
The Photographer will not be held responsible for missing part or all of the wedding in the event of traffic incident, traffic jam, a flight/train delay or flight/train cancellation. The Photographer will always endeavour to travel out to the destination country in good time before the wedding in order to minimise the risk. Flights, accommodation and car hire are not included in the standard price of the Service Fee and will be added on to the invoice where applicable.
16. Requested photographs, group photographs list
The Photographer will use reasonable endeavours to honour requests for specific photographs subject to the weather conditions, time permitting, the availability and willingness of subjects. However, the Photographer cannot guarantee any specific picture nor incorporate any specific background, location or arrangement. The Photographer cannot be held responsible for any lack of coverage caused by the Client or other members of the wedding party or by the church, synagogue, registry office or other licensed place imposing any restrictions on the Photographer. In order to maintain a creative documentary style, the Photographer cannot guarantee a photo of every guest or detail.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by the Photographer shall be the responsibility of Client. In the event the Photographer or any of their employees experience any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to a family member of the Client; second offence: the offending person will be required to leave the
wedding or event; third offence: the Photographer will end wedding coverage immediately and leave the event, the Photographer shall be
entitled to retain all monies paid hereunder and Client agrees to relieve and hold the Photographer harmless as a result of incomplete wedding or event photography coverage.
18. Danger to the photographer or photographers equipment
It is the responsibility of the Client to provide a safe working environment for the Photographer. If the health, safety, well-being or life of the Photographer or the Photographer’s equipment is in jeopardy, both perceived or real, the Photographer may remove himself/herself and all photography equipment from the premises or event. So far as it is safe, the photographer will give notice to the Client of the danger presented to the Photographer or the Photographer’s equipment before leaving the premises. In such a situation, the Photographer will not be held liable for any missed coverage of the events of the day. The Photographer will not be held liable for a reduction in the final number of provided images for any situation the Photographer leaves due to possible jeopardy to the Photographer and/or all photography equipment. The Photographer shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold Photographer harmless and without liability as a result of incomplete wedding or event photography coverage.
19. House rules, officiant rules, location fees,
The photographer is limited by the guidelines of the ceremony officiant or the reception site management. The Client agrees to accept the technical results of their imposition on the photographer. Acquiring the necessary permissions and paying the relevant fees if applicable to photograph in a specific location and negotiating with the officials for moderation of guidelines is the Client’s responsibility.
20. Limitation of liability
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographers control, including but not limited to camera, hard drive, or equipment malfunction, the Photographers liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
21. Print license
The Photographer grants the Client a non-exclusive, non-transferable, perpetual, personal-use license to download, share, copy and reproduce Photographs for any non-commercial use, including but not limited to, reprints, enlargements, albums, gifts to family and friends, slide shows, and web pages.
This Agreement is constituted by the Specific Terms and Conditions and these General Terms and Conditions. In the event of any conflict between the Specific Terms and Conditions and these General Terms and Conditions, the provisions of the Specific Terms and Conditions shall prevail. This Agreement contains the entire agreement as between the parties with respect to the subject matter hereof and supersedes all prior agreement or understandings, oral or written.