Piccylicious Photography Terms & Conditions
The following conditions of contract “the photographer(s)” shall mean ‘Piccylicious Photography’ or, subject to condition 10 below, any photographer(s) appointed by Piccylicious Photography. “The Clients” shall be those whose names appear on the booking confirmation. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by the photographer in writing.
1. Booking – The photographer(s) and client(s) will be bound by these terms and conditions following payment of a deposit.
2. Copyright: The Copyright, Designs & Patents Act 1988 assigns the copyright of the images to the photographer(s). It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer(s) or their appointed agents, unless a royalty-free licence has been granted. Piccylicious Photography does deliver packages which include a copy of images for client’s exclusive private and personal use for reprints.
3. Display: The Clients hereby allow the photographer to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients. Images placed in galleries within the website are available to the general public in the normal course of events.
4. Licence and Coverage: The photographer (s) shall be granted creative and artistic licence in relation to the poses photographed and the locations used, the photographer (s) judgment regarding the location, poses and number of photographs taken shall be deemed correct, due to changes in weather conditions and the availability and willingness of individuals; The photographer (s) will endeavour to honour requested photographs but do not undertake to guarantee any specific photograph nor incorporate any specific background, location or group arrangement.
5. Ceremony coverage: For bookings involving a church or civil ceremony or at certain other venues, photographer(s)’ 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. The photographer(s) cannot accept responsibility for limited coverage in such cases. Every effort should be made by the client to advise of restrictions before the event.
6. Coverage: Whilst the photographer(s) shall endeavour to fulfil all the Client’s requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of shots .
7. Alterations: Any alterations made to the contract after the statutory 7 day cooling off period has expired, can only be made at the discretion of the photographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the booking will be treated as a cancelation by the client. For Cancellation of the Videography or Photo Booth services, normal cancellation terms will apply.
8. Image Reproduction: 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.
9. Deposit and Payment: A non-refundable booking fee is required to secure the photographer(s)’ services for the day, with the relevant balance for each package due two weeks prior to the event.
10. Attendance: Piccylicious Photography may sub-contract the provision of the Services without consent of the Customer, providing that if the Photographer does sub-contract the provision of Services, Piccylicious Photography will remain liable to the Customer for the performance of the sub-contracted obligations.
11. Photographer(s): The photo schedule for the day must be under the direction of the photographer(s) from Piccylicious Photography or those working under sub-contract to Piccylicious Photography.
12. Changes to booking by client: If the Clients should have to change or cancel a booking the following cancellation fees will become due immediately: The Clients are entitled to a full refund of the booking fee if they withdraw within 14 days of booking, in accordance with the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008″.
13. The deposit will be forfeited on cancellations or changes made after 14 days.
14. Cancellations: Where the photographer (s) are able to rebook the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable deposit. The following terms and fees will apply in any other circumstance:
- £250 – Deposit fee Only if cancelled more than 12 months prior
- 50% – Of agreed fee if cancelled between 12 – 6 months prior
- 100% – Of agreed fee if cancelled less than 6 months prior
15. Postponement: In the event of postponement, then at the discretion of Piccylicious Photography and subject to availability, monies other than the booking fee may be applied to the new wedding. If the photographer is not available a change of date will be dealt with in the same way as a cancellation above.
16. Force Majeure: The due performance of the contract is subject to alteration or cancellation by the either party owing to any cause beyond there reasonable control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer (s) will not be responsible for photographs that are not produced due to technical failure.
17. Liability for Digital Files and Products: It is the client’s responsibility to keep their digital images safe; the photographer shall not be liable for replacing the images after receipt by the client.
18. Limitation of Liability: In the unlikely event of a total photographic failure or cancellation of this contract by either The Client or photographer (s) or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither The Client or photographer (s) shall be liable for indirect or consequential loss.
19. Guest Cooperation: The Client is responsible for the conduct of their guests. The Photographer will not tolerate verbally or physically abusive behaviour, nor will the Photographer share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be retaken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the Photographer. The client understands that in such an event, no refunds will be granted and any damage to equipment will be the responsibility of the client to replace or repair.
20. Editing decisions: The photos remain the property of the photographer who on all occasions will make all editorial decisions – change, copy, delete or edit any way. The client has no editorial rights.
21. Insurance: It is the Client(s) reasonability to take out an insurance policy to cover any expenses in the event of cancellation.
22. Accuracy: The booking form shall be used as a guide for the day. It is the client’s responsibility to check that all entries are accurate. The photographer will not be responsible for inaccurate details on the booking form.
23. Exclusivity / Guest Photography: The Photographer can accept no liability for the negative impact caused by a guest or other professional photography. The planned photography time is for the exclusive use of The Photographer to capture the formal wedding portraits and guest photography cannot be permitted during this time, It is understood that Piccylicious Photography is the exclusive Official Photographer retained to perform the services requested in this contract this also extends to “Content Creators” and Piccylicious Photography reserves the right to cancel the booking should one be appointed