In the following terms and conditions of contract, Emotive Imagery and 'the photographer(s)' shall mean Maxine Huselbee (and, if specified on booking paperwork, Philip Homer) or, in the event of not being able to attend the wedding, any photographer appointed by Emotive Imagery. The 'clients' are those whose names appear on the booking form and in the event the clients arrange for a third party to meet the costs of booking, the contract remains with the clients.
Description of services
This agreement constitutes an order for wedding photography services and any additional services outlined above in the contract services section. It is agreed to by both parties Photographer and Client as described above that the Client agrees to pay the Total Amount by the Final Payment Due by Date as defined above.
Payment & Pricing
A non-refundable Reservation Fee of one third of the total balance due is payable upon booking. The Second Instalment is due at any time from booking but no later than one month prior to the date of the wedding, with the Final Payment due to allow release of the Disc/USB Key containing your wedding images.
Upgrades to, or within, album packages may be made at any time and the additional cost will become due in equal parts over the remaining payments.
All re-orders or additional products will be treated as an extension of the terms and conditions given herein.
Reservation and Reservation Fee
The amount due at signing, as defined above, is a Reservation Fee. Upon receipt, the Photographer(s) will reserve the time agreed upon for the event date and will not make another reservation for the agreed-upon time. For this reason, the Reservation Fee is non-refundable.
Delayed album ordering
All album/disc/USB Key prices are guaranteed for 12 months following the wedding, but current pricing will apply beyond this date.
Editing & Receipt of images
Each and every one of your images is individually edited and, as such, this process takes time. I aim to have your images ready in approx. 8 weeks from your wedding (although images may be available before this). However, during peak season or for circumstances outside the photographer’s control this period may be longer, so please be patient. Images will then be released to you on receipt of the balancing payment of the Full Amount Due as specified above.
All image sizes are nominal. Images are taken in camera at a 3:2 ratio and if anything other is required the image may have to be cropped to accommodate the new ratio.
The Client will receive from the Photographer(s) edited image files as high-resolution JPEGS because this is the format most domestic viewing arrangements support. Edited Tiff files can be released on prior arrangement between the Client and Photographer(s). RAW files are not released.
Where files have been converted to Black and White/Sepia, to avoid duplication and therefore high image numbers, the converted images will be provided to the Client. Should the original colour version of an image be required, this can be secured from the Photographer(s) on request.
The Photographer(s) will endeavour to meet all reasonable client expectations and achieve all shots requested on the 'shot list' (completed approx. 1 month prior to the wedding date) within the given timeframe. However, the Photographer(s) make no express or implied warranty for providing specific images because it may not always be possible to achieve the shots due to events beyond our control such as restrictions applied by the church minister or civil registrar, inclement weather, changes to the venue, excessively late arrivals, etc. in such an event, alternative shots will be sought to provide coverage of your wedding day. The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. As above, the shot list and special requests are not a binding instruction, although every effort is made to comply with the client’s wishes.
Any special requests not made in the booking section of this form or on the ‘shot list’ must be made in writing to the Photographer(s).
Emotive Imagery will not accept responsibility for the quality/colour reproduction of images printed via third parties from the Disc or USB stick provided. All images reproduced by Emotive Imagery will be from the same image bank as the Disc/USB media are drawn from and, therefore, should inferior reproduction be obtained by the client, it is their responsibility to refer back to the reproduction provider, not the Photographer(s).
The Photographer(s) cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. It is sometimes impossible to record on film or digitally, the exact colour as seen by the human eye. When processing images Emotive Imagery will endeavour to achieve a pleasing overall colour balance that will be based upon flesh tones rather than materials.
The client understands that some colours may not remain constant throughout a set of photographs due to changing lighting conditions (i.e. daylight and disco lighting will provide different results) and that colour may not be identical over the whole range of the subject. It is also understood that the colour balance of prints made at different times may also vary.
Due to limitations/variation in calibration of monitors, it is understood that the appearance of images may differ between computers and that they may not match a printed version provided by Emotive Imagery whose monitors have been calibrated to reflect the results of the printing labs used by them.
Emotive Imagery only uses high quality CD’s/DVDs/USB Keys for storage of data and each of these is checked prior to dispatch to clients. Therefore, it remains the responsibility of the client to check for any damage incurred whilst in transit and Emotive Imagery cannot be held responsible for any damage to equipment resulting from defective media.
Basic edits will be made to images (such as removal of a temporary feature e.g. cold sore) and to provide the finish in line with the photographer’s style. This does not include full retouching, digital manipulation and artistic finishing and is available to the client as an optional extra.
Any cancellation of booking must be made in writing (e-mail is acceptable as long as sending of this can be evidenced) and in the event of a cancellation within 14 days the clients are entitled to a full refund of the Reservation Fee. If, after 14 days, cancellation is instructed, the Reservation Fee will not be refunded. If cancellation falls within one month of the wedding date, the Reservation Fee and Second Instalment are non-refundable.
If, in the event of cancellation, Emotive Imagery manages to re-book the date with another wedding a partial refund of the monies paid may be made – this is at the discretion of Emotive Imagery.
The Client may cancel this contract at any time by giving written notice to the Photographer(s) but, in doing so shall forfeit any monies paid. The said sum shall be payable as compensation as an estimate of the loss the Photographer(s) would suffer.
Any monies paid before postponement of a booking may, at the discretion of Emotive Imagery, be applied to the new wedding date.
On occasion and without notice it may be necessary for the photographer(s) originally specified to be substituted by another photographer (e.g. due to ill health). In the unlikely event that Emotive Imagery are unable to attend a booking, we will endeavour to secure a replacement photographer, although it cannot be guaranteed that a replacement photographer of the same quality can be located or for the same cost.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party 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.
Although care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform their photography services for any reason, failure to deliver images for any reason or any other types of damages, to the return of all payments already paid to the Photographer(s) up to the Total Amount as defined above.
If practical, a re-shoot may be undertaken but this will not include additional costs (such as suit hire, etc.).
Gift vouchers are available to purchase either in monetary denominations to be used towards the Total Amount due for the booking, or can be purchased as a package to cover the cost of the wedding. On purchase, should the vouchers no longer be required, you have 7 days in which to return these and a full refund will be made available. Beyond 7 days the cost of the voucher is non-refundable. Although there is no expiry date on the voucher, if a package is booked and the wedding postponed, then the package price of the voucher will be applicable for the wedding date originally booked. Beyond this date current pricing will be applied and therefore, if no additional payment is made, photography coverage will be modified to reflect this. Prior to the wedding and on re-booking the date any revisions to the coverage will be provided in writing.
When considering Emotive Imagery for your wedding you will have had the chance to view images online and in albums etc. We appreciate that in exceptional circumstances (such as sensitive employment roles, or child protection arrangements) not every couple can allow images to be made public, but unless discussed and specified prior the client hereby allows the photographer(s) to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions and advertising. No use of the images will be made by the photographer(s) for other commercial reason except with the written permission of the Client.
If a private gallery has been requested by the Client, Emotive Imagery will endeavour to keep the images private by use of a password provided to the Client only (unless at the Client’s express request this is to be passed to a third party). However, this will not guarantee that the images cannot be accessed by persons with the knowledge available to circumvent this level of security.
The photographer(s) shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer(s) judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of the subjects it may not be possible to capture all the images requested.
Negatives/Digital Files remain the property of the photographer(s).
Copyright & Client Rights
Any images or copies of images whether stored digitally or otherwise and any computer program including any source code or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the Photographer(s) in writing.
This means that the copyright of images remains the property of Emotive Imagery and therefore it is illegal to copy 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 photographers or their appointed agents unless a royalty-free licence has been granted.
However, printing permission is given to clients with all Disc/USB copies provided for wedding packages. Emotive Imagery acknowledges that images may be posted on the likes of Facebook, etc. and, as such, we ask that these are posted with the acknowledgement of 'www.emotive-imagery.co.uk'.
Personal use reproduction rights are provided to the Client. Therefore, regarding the images delivered as digital files or otherwise Client rights are limited to personal use. Photographs may not be sold or used in advertising unless specified by the Photographer.
All permissions required for the Photographer(s) to photograph the event, whether for location or personal release or any other cause will be the responsibility of the Client to obtain. This also includes the recording of all guests in attendance at the event for GDPR purposes. Unless advised otherwise the Photographer(s) will proceed under the assumption that the Client has sought permission from all guests for their image to be recorded and that they will notify the Photographer(s) before the event of an individual(s) not wishing to be recorded in images. The description of Photographer and Client usage of images recorded is given above.
Any complaints should be raised by the client with the photographer(s) in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of images.