In the following terms and conditions "the photographer" shall mean Russ Cowling trading as Russ Cowling Photography. "The Clients" shall be those persons defined as the subject of the photoshoot. These terms and conditions can not be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1) Copyright The copyright designs and patents acts assign the copywright of the images to the photographer
2) Display 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, sample albums etc.
3) Creative licence, coverage and reproduction
i) Photographs taken during the course of the event/shoot will be at the discretion of the photographer although every effort will be made to comply with the clients requirements
ii) Special requests are not binding instruction, although every effort is made to comply with the clients wishes. The photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness to its subjects.
iii) For a booking involving a church ceremony or at certain venues, the photographers movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographers choice and the photographer can not accept responsibility for any restricted views should this be the case.
iv) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter through a set of photographs.
v) Although all equipment is checked regularly and reasonable steps are taken to ensure back up equipment is aviailable, the photographer will not be responsible for photographs that are not produced due to technical failure.
4) Payment
i) A non refundable booking fee of 25% of the full value of the job will confirm your booking aswell as full acceptance of the terms and conditions as published on the photographers website. The booking fee will then be deducted from the cost of the clients chosen and/or agreed package when calculating the final balance due.
ii) Payment in full of the remaining balance will be due two weeks before the wedding day/event/shoot.
iii) Additional goods ordered must be paid for in full at the time of ordering.
iv) Titles to all goods remains with the photographer until paid for in full by the client.
5) Force Majeure
i) In the very unlikely event of cancellation by the photographer or of total photographic failure, liability shall be limitied to a full refund of any fees paid.
ii) The photographer will endeavour to put the client in touch with another photographer in the event they are unable to attend on the agreed wedding/event/shoot date due to any cause beyond their reasonable control eg : sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc....
6) Digital Negative Files
i) All digital negatives (computer files) remain the property of the photographer. All digital packages include a copy of the edited digital negatives to the client for their own, non commercial use.
ii) Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7) On the day
i) The photographer will be the sole professional (still) photographer at the venue specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii) The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement however if one is offered, it would be greatly appreciated.
iii) The photographer will stay to photograph beyond the first dance for approx 30 mins. Any photography beyond this time will be at the discretion of the photographer or if agreed beforehand.
8) Personal Accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer can not be held responsible for any personal accidents during a photographic shoot.
9) Cancellation fees
i) If the clients should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation :
ii) Cancellation from the booking date and more than two weeks to go until the event, the booking fee of 25%
iii) Cancellation with less than two weeks to go until the date of the wedding/event/shoot, full price for the complete photographic coverage booked. The clients are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of a cancellation.
10) Delivery
The photographer will endeavour to deliver digital negative files as quickly as possible, however this could take up to 4-6 weeks during busy periods.
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