These Terms & Conditions form part of the Agreement between the Wedding Photographer trading as Chris Fossey Photography and the Client. By making a Photography booking the Client must agree to the following Terms & Conditions.
OWNERSHIP RIGHTS
The Photographer and the Clients agree that unless stated otherwise in this document, the Photographer owns any and all copy or reproduction rights. However, Clients are free to use the photos for their own personal non-commercial use such as producing prints, photo books/albums or sharing the photos online. Clients are not permitted to sell the photos or use them for any commercial purposes known as a License to use photographs protected under copyright law.
The Clients agree that the Photographer may use any photograph/image for publicity & advertising purposes to promote Chris Fossey Photography, this may include publication on the Photographer’s website for example through a Photographer’s Blog or by using the photos to showcase my work. Unrestricted open access to the client online gallery will be provided by the Photographer unless otherwise specifically requested by the client. During the Wedding day, the Photographer may distribute business literature promoting the Client’s online Wedding Gallery, unless requested otherwise by the Client.
LICENSE TO USE PHOTOGRAPHS PROTECTED UNDER COPYRIGHT LAW
Chris Fossey, trading as ‘Chris Fossey Photography’ asserts its rights to be identified the as the copyright owner of the works described in this License Agreement under the 1988 Copyright, Design and Patents Act, 1988. The photographs supplied are protected under the 1988 Copyright, Design and Patents Act, 1988 and the rest of the world.
This License Agreement sets out the terms and conditions under the licensor is permitted to use the photographs supplied under this License Agreement. This agreement may not be varied without the express written permission of Chris Fossey Photography.
The Client/s named in the agreement ‘the licensee’ are hereby licensed to use the wedding photographs taken by Chris Fossey Photography ‘the licensor’ at their wedding (and engagement shoot if applicable) for personal use only.
With a license to print you can:
- Produce prints on a non-profit basis.
- Privately share the files with friends and family.
- Make your own albums, prints etc.
- Post on social media personal accounts.
What is not permitted under this license agreement.
- Re-selling the files or prints made from those files this includes selling as stock images.
- Enter the images into competitions etc.
- Sell for commercial gain.
- Amend image files in anyway including altering embedded file data.
- Sale to third parties, distribution to the media including newspapers, magazines, blogs, commercial social media pages and feeds, photographic and digital image libraries, commercial websites or retail outlets.
- Provide suppliers or wedding venues with the images without permission from the Photographer. Suppliers will need to contact the Photographer direct to obtain permission to use any imagery.
It is the Client’s responsibility to ensure that any photographs shared are not misused in any way as described in this license agreement. Usage for other purposes may require a royalty payment being made to Chris Fossey Photography. Where unauthorised usage has been found to have taken place, the copyright owner reserves the right to charge for any unauthorised use, including any legal costs incurred in recovering any and all monies due.
PAYMENT FOR SERVICES
A wedding date can only be reserved once a deposit has been paid to the photographer by the client. The deposit is currently £200.00 for all wedding packages. Full payment for wedding services must be paid no later than 14 days before the wedding day. The photographer will not attend a wedding where the full balance has not been paid in full at least 14 days in advance of the wedding day. In cases of non- payment the deposit is non-refundable.
CANCELLATION
If the Photographer has to cancel this contract for reasons beyond their control (death, injury, sickness etc.) their liability shall be limited to a full refund of all monies paid. In the unlikely event of the photographer not being able to fulfil the wedding photography obligations as set out in the this agreement for example death, injury or the unforeseen closure of the business, the photographer will seek an alternative photographer of equal creative style and ability. If a photographer cannot be found or the client would prefer a full refund, then all the monies paid by the client will be returned to them. Should the said wedding date be postponed, then, subject to availability, all money paid may be applied to the new wedding date.
If a client decides that they no longer want the services of the Photographer or they cancel their wedding, then they must inform the Photographer as soon as possible. In all cases the deposit is non-refundable. However, the option to alter the wedding date will be given free of charge subject to the Photographer being available.
DISCLAIMER
The Photographer agrees that every effort will be made to provide high quality photographic services. In the unlikely event that a catastrophic mechanical failure should occur to the Photographer’s equipment or transport and the Photographer is unable to provide the Clients with the agreed upon photography services and/or products, the Photographer’s liability shall be limited to a full refund of all monies paid. The Photographer has full Public Liability Insurance and Professional Indemnity Insurance – evidence of cover is available upon request.
YOUR WEDDING PHOTOGRAPHY
During the Wedding day the Photographer will capture the event in a candid documentary style as well as setting up a number of posed photographs where required. The Photographer will liaise with the Client prior to the wedding day to ascertain the style of imagery required. In order to achieve the more artistic shots the Clients will need to allocate a certain amount of time for any posed photographs – posed photos will be done with minimal fuss and disruption. The formal shoot is a great opportunity for the couple to take a step back, relax for a while and have some fun away from the other guests.
The Photographer’s website contains a substantial amount of imagery and information demonstrating what is realistically achievable on the Client’s Wedding day. The Photographer will endeavour to capture professional stunning images. As part of the package, the Photographer will edit, crop and colour correct images.
PHOTOGRAPHIC STYLE
Throughout the Wedding day the Photographer and Clients can work through a variety of different photographic styles, there could be portraits which can be formal or fun and creative. There will of course be many reportage style shots as the day progresses, and when the Photographer is not focusing on the Client, they will be busy capturing the people who are closest to you – your friends and family.
GROUP PHOTOS
Photographing the different family members and friends is an important part of the wedding day. However, it can also logistically be the hardest part of the day, especially if the wedding party consists of many guests. Each group will require a small amount of time to set up which needs to be factored into the day’s schedule. It’s always helpful if a member of the Wedding Party i.e. Maid of Honour/Best Man is aware of the Group Photo schedule and timings so that they can assist when organising and photographing the group photos. It is therefore recommended that a list of the people who will feature in the Group Photos is created and given to the Photographer before the photo session begins.
Typical Formal Family & Friends Photo Shoot:
Couple and close family
Couple and close family
Couple and both sets of close family
Couple’s Parents/Siblings/Grandparents/Aunties/Uncles
Couple’ Parents/Siblings/Grandparents/Aunties/Uncles
Couple and Bridesmaid
Couple and Groomsmen
Couple and Bridesmaid/Groomsmen
VIDEOGRAPHERS & EXCLUSIVITY
Many Clients wish to hire an additional Videographer on the day. The Photographer is always happy to work with any supplier effectively and efficiently. In some cases the Client’s Videographer will need additional amounts of time for filming during the day. It is recommended that the couple’s posed portraits be photographed alone with the Photographer in order to obtain the best results. It is sometimes unavoidable to completely erase/avoid the presence of a Videographer e.g. a tripod in the middle of an aisle, therefore allowances will need to be made for this in the final imagery. The Photographer will always consult with the Client’s suppliers on the day. The Photographer shall be the sole professional (still) photographer(s) at the venues specified.
LOCATION PERMISSIONS
In all circumstances the Client is deemed to have obtained full permission for a professional photographer to be on site (permission obviously doesn’t need to be granted for the Client’s Ceremony or Reception). If the Client wishes to be photographed at an additional location(s) they will need to seek full permission from the property/land owner if on private land. Any permissions will need to be sent to the Photographer in writing via email at least 14 days before the wedding date. In all circumstances the Photographer will abide by the wishes of the property/landowner. Please be aware that many locations may appear to be public space, however they may actually be privately owned and permission for photography may be required. The Client should be aware that certain hotels will have strict policies in place regarding the Bridal Preparation being undertaken at a Hotel which has not been booked for the ceremony or reception without prior permission – this is especially the case if the Hotel has another Wedding booked at their premises on that day.
GUESTS USE OF CAMERAS
Please note that guests with phones/cameras can be a distraction and occasionally affect the quality of the professional imagery such as standing in the aisle with an ipad or distracting people in the formal group photo session. If the Photographer feels the quality of the work will be affected, they will politely ask the guest to refrain from what they are doing whilst they take the picture in a good humoured and friendly manner. During the ceremony the person leading the service will ask for phones to be turned off. Guests are not permitted to take any photos of any creative posed work during the couple portrait sessions with the Photographer. Social media is understandably very popular, however many couples are now taking control of social media output on the wedding day and ask that guests do not post images of them until after the wedding. It’s worth noting that 100 guests each wanting a couple of pictures of the couple can lead to a few hundred posed smiles from the couple and that’s without one professional image being taken!
CEREMONY RESTRICTIONS
The guidelines of the ceremony official and the reception site management limit The Photographer. Occasionally the person leading the service may impose restrictions on professional photography for example during a church ceremony. This can mean that the Photographer is asked not to move and be allocated a particular spot to stand, this may be at the back of a church or in a position with some restricted visibility. The Photographer will always cooperate fully with the wishes of the person leading the ceremony. The Client agrees to accept the technical results of their imposition on The Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; The Photographer will offer technical recommendations only. Please note Chris Fossey Photography are fully aware of the local Registrars guidance on Photography. In all situations the wishes of the Ceremony Official are final.
CREATIVE LICENSE & PHOTO EDITING
The Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style shall be deemed correct. The Client acknowledges that they are familiar with The Photographer’s portfolio which can be viewed at: http://www.chrisfosseyphotography.com and are requesting services with knowledge of The Photographer’s style; that The Photographer’s work is constantly evolving; that The Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by The Photographer in the past; and that in creating the photos, The Photographer shall use his personal artistic judgement to create images consistent with his personal vision of the event, which vision may be different from The Client’s and the subject’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste, composition or aesthetic criteria. It is impossible for the Photographer to understand the complex relationships between family members and friends without being fully briefed, therefore if specific images are required of guests, please ensure the Photographer is aware of these prior to the Wedding.
The Photographer will endeavour to take all the photographs agreed. However, because a Wedding is an uncontrolled event, the Photographer cannot guarantee delivery of any specifically requested image(s), especially if timings or events are altered without their knowledge. Due to changes of the weather and the availability and willingness of subjects The Photographer will do their best to honour requested photographs but cannot undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. During a wedding The Photographer will automatically re-take any photograph where they have seen that someone has blinked, but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see everyone.
The Photographer will provide the images fully edited ensuring the colour, contrast, saturation, corrections and any filters used are consistently representative of their work and suit the style of the Wedding and couple. All images will be supplied in colour fully edited. A few additional effects to some of the photos may also be applied. If the Client requires a particular look or style they must let the Photographer know before the wedding day. The editing of the images takes the longest amount of time with each full day wedding taking many hours to edit (anything up to 30 hours). An extra charge may be required to cover additional editing work once the finished images have been produced.
DELIVERY OF THE FINAL IMAGES
Digital images will only be supplied in high resolution jpeg format. The Photographer will endeavour to supply the Client’s images fully edited and unwatermarked to them within two weeks of their wedding day. Unlike, many photographers, the Photographer will not be placing any restrictions on the non-commercial printing of their photos within the initial cost of the package, leaving the Client free if they so wish to create and purchase prints separately (although these can be purchased from Chris Fossey Photography for an additional charge).
PROOFING GALLERIES
Your images will be uploaded to a proofing site which will be made available via a link both on my website and via email. The proofing site will be available online for around 6 months after your Wedding day and will contain your final edited images. The site can be shared with friends and family who will have the opportunity to view and purchase images from the site. Clients may use the site to pick favourite images for their album if it is part of the package. Please be aware that once the gallery is taken offline all saved favourites will be deleted.
ALBUMS / STORY BOOKS
Albums are provided as part of some packages or as standalone add-on items. Images can be selected from a Client’s proofing gallery. Additional pages may incur an extra charge. A proof will be sent to the Client to check before ordering showing the page layout in thumbnails. It is the Client’s responsibility to ensure that they are totally happy with the design layout and images selected. Once a proof has been approved, errors cannot be corrected. Price includes minor changes to the draft – further amendments may be chargeable. Album designs and choices may change due to suppliers, therefore a full list of options will be provided at the time of ordering. Please be aware that if the pre-paid album has not been ordered 6 months after the wedding date a 5% charge (of the standalone album cost) will be applied every 6 months to allow for increases in supplier costs.
Warwickshire Wedding Photographer | Chris Fossey Photography | Midlands Cotswolds UK 