1. Deposit and Payment. The Client shall make a non-returnable
deposit to retain the Photographer to perform the services specified herein. At
such time as this order is completed, the deposit shall be applied to reduce the
total cost and Client shall pay the balance due no later then 28 days prior to
the booking date.
2. Cancellation. If the Client shall cancel this
agreement and if the Photographer does not obtain another assignment for that
date, liquidated damages shall be charged in an amount equal to the
deposit.
3. Reproductions. The Photographer shall only make
reproductions for the Client and reserves the right to said reproduction for:
Photographer’s portfolio, samples, self-promotions, entry in photographic
contests or art exhibitions, editorial use, or for display within or on the
outside of the Photographer’s studio. If the Photographer desires to make
other uses, the Photographer shall not do so without first obtaining permission
from the Client.
4. Client’s Usage. The Client is obtaining images for
personal use only, and shall not sell said images or authorize any
reproductions thereof by parties other than the Photographer. If Client
is obtaining a print for newspaper announcement of the wedding, Photographer
authorizes Client to reproduce the print in this manner. In such event,
Client shall request that the newspaper run a credit for the Photographer
adjacent to the photograph, but shall have no liability if the newspaper
refuses or omits to do so.
5. Copyright. The Photographer retains copyright to all
images created in pursuit of this Agreement and if the photographer gives the
images to the Client, the photographer will continue to retain copyright unless
an agreement is made in writing. (Copyright, Designs and Patents Act 1988)
6. Failure to Perform. If the Photographer cannot
perform this Agreement due to a fire or other casualty, strike, act of God, or
other cause beyond the control of the parties, or due to Photographer’s
illness, then the Photographer shall return the deposit to the Client but shall
have no further liability with respect to the Agreement. This
limitation on liability shall also apply in the event that photographic
materials are damaged in processing, lost through camera malfunction, lost in
the mail, or otherwise lost or damaged without fault on the part of the
Photographer. In the event the Photographer fails to perform for any
other reason, the Photographer shall not be liable for any amount in excess of
the retail value of the Client’s order.
7. Inherent Qualities. Client is aware that
colour dyes in photography may fade or discolour over time due to the inherent
qualities of dyes, and Client releases Photographer from any liability for any
claims whatsoever based upon fading or discoloration due to such inherent
qualities.
8. Client’s Originals. If the Client is providing
original prints, negatives, or transparencies,( the client must hold legal
copyright of said image’s) to the Photographer for duplication, framing,
reference, or any other purpose, in the event of loss or damage the
Photographer shall not be liable for an amount in excess of £0.50 per
image.
9. Miscellany. This Agreement incorporates the entire
understanding of the parties. Any modifications of this Agreement must be
in writing and signed by both parties. Any waiver of a breach or default
hereunder shall not be deemed a waiver of a subsequent breach or default of
either the same provision or any other provision of this Agreement.