Terms & Conditions
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Gary Smith Wedding Photography (hereinafter known as THE PHOTOGRAPHER) and the clients (hereinafter known as THE COUPLE). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon receiving the reservation deposit along with this contact completed, THE PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the reservation deposit is non-refundable even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The reservation deposit is to be paid at time of signing the contract. The reservation deposit of £200 is applied towards the contracted wedding photography package. THE COUPLE understands and agrees that the entire amount owed for the wedding photography package described in the contract is due 30 days prior to their wedding date. THE PHOTOGRAPHER agrees to be in attendance on the date shown and to provide THE COUPLE with the photographic package.
3. CANCELLATION: THE COUPLE has the right to cancel the contract at any time. THE PHOTOGRAPHER reserves the right to cancel the contact on the discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies. Noncooperation; changes in locations and late or missed payments are examples of contributing factors. In the event that the contract is cancelled by either THE COUPLE or THE PHOTOGRAPHER, any prior payment will be forfeit.
4. LIMITS OF LIABILITY: It is further understood that:-
- In the unlikely event that THE PHOTOGRAPHER is injured or becomes too ill to photograph the event and a suitable replacement is not found or in the unlikely event of total photographic failure responsibility and liability is limited to the return of all payments previously paid towards the services listed in this contract.
- THE PHOTOGRAPHER takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE COUPLE photographs being lost, stolen or destroyed for reasons within or beyond THE PHOTOGRAPHER’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
- If the bride or groom is late to the point of achieving the desired images from being taken, then THE PHOTOGRAPHER shall not be held liable for lack of time to take desired photographs.
- Although every possible care will be taken to produce photographs of all important and special events during the wedding, THE PHOTOGRAPHER cannot place an unconditional guarantee on the above. THE PHOTOGRAPHER will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of THE PHOTOGRAPHER control. THE PHOTOGRAPHER can also not be held responsible for missing shots on the photo check list if there is no one to assist in identifying these people, if you failed to produce a list, if the list was stolen, if they didn't show, if they are negative about being photographed, or they can't be located.
- If due to incorrect or incomplete information on this contract THE PHOTOGRAPHER is caused to be late or is unable to find a location no refund will be given. To reduce this possibility a phone number must be given that will be contactable on the day.
5. COOPERATIVE SPIRIT: Both parties agree that the cooperation and communication for the best possible result within the definition of this assignment is the paramount consideration. Thus decisions are restricted to the Bride and THE PHOTOGRAPHER. Simply put: THE PHOTOGRAPHER is the sole Photographer for the time allocated and any other terms agreed to in this document. The BRIDE is the sole decision maker at the Wedding. Both parties agree to a pre-event consultation approx 2 weeks before the event date in order to finalize the actual shooting requirements, shooting times, locations, any changes etc. If applicable, the bride and/or groom agree to set aside enough time before the ceremony to allow THE PHOTOGRAPHER to complete pre-wedding ceremony photographs. The bride and/or groom also agree to set aside at least 60 minute of time after the wedding ceremony to gather people and take photographs that could not be obtained during or before the wedding for photographs this time is to include group photographs. THE PHOTOGRAPHER is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to THE PHOTOGRAPHER.
For this reason THE PHOTOGRAPHER recommends that a designated appointee be assigned the duties to assist THE PHOTOGRAPHER to point out important individuals for informal or candid photographs THE COUPLE is responsible for the conduct of their guests. THE COUPLE will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to THE PHOTOGRAPHER. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE COUPLE should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors. THE PHOTOGRAPHER should not and will not tolerate verbally or physically abusive behaviour, nor will it share its 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 re-taken. If THE COUPLE 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 COUPLE understands that in such an event, no refunds will be granted and THE COUPLE will be held solely liable for any damages to equipment, personal effects or personal injury sustained by THE PHOTOGRAPHER resulting from such actions.
6. COPYRIGHTS: Copyright remains the property of THE PHOTOGRAPHER unless included as part of the wedding package in which case final payment for services rendered determines the release of limited license to the Bride and Groom. This licence is for the bride and grooms personal use of the images and for the purpose of reproduction of said imagery for dispersal to relatives and friends. Images may be used on personal or social networking web sites. An acknowledgement to THE PHOTOGRAPHER is requested and appreciated. As copyright remains the property of THE PHOTOGRAPHER, images MAY NOT be altered and published by anyone other than THE PHOTOGRAPHER. THE COUPLE must obtain written permission from, and compensate THE PHOTOGRAPHER prior to an event where THE COUPLE, THE COUPLE’S friends or relatives publish or sell the photographs for profit.
7. MODEL RELEASE: THE COUPLE hereby assigns and grants THE PHOTOGRAPHER and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE COUPLE or in which THE COUPLE may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE COUPLE hereby releases THE PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that THE PHOTOGRAPHER may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by THE PHOTOGRAPHER.
8. ARTISTIC LICENCE AND RETOUCHING: THE PHOTOGRAPHER shall be granted complete artistic license including in relation to the poses photographed and the locations used. THE PHOTOGRAPHER’s judgment regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested. All image sizes are nominal. THE PHOTOGRAPHER will provide a pleasing colour balance but 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 the exact colour as seen by the human eye. THE PHOTOGRAPHER will perform a standard amount of retouching and editing to take the photographs to a quality of which he is proud. Further retouching, digital manipulation and artist finishing is available to THE COUPLE as an optional extra.
9. CHURCH, RECEPTION, CATERING HALL RULES: THE PHOTOGRAPHER is limited by the guidelines of ceremony official or reception site management. The Bride and Groom agree to accept the technical results of their imposition on THE PHOTOGRAPHER. Negotiation with the officials for moderation, changes or adjustments of certain guidelines is responsibility of the Bride and THE PHOTOGRAPHER is to be notified of any changes.
10. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE COUPLE and THE PHOTOGRAPHER at the time of acceptance of this contract shall be recognised as amendments to this contract.
11. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
12. COMPLETION SCHEDULE: Every image taken is shot is a RAW format and requires that it is digitally processed, for this reason it take up to four weeks for the images to be ready and available on the website however sometime depending on the number of photos taken and/or other factors within or outside THE PHOTOGRAPHER‘s control it may take longer. You will be advised of any factors that may affect this as and when they arise. Any printing can only be started once THE PHOTOGRAPHER receives an order form for the required images. Creation of a wedding album can take up to 6 weeks this is due to the fact that every page of the album is designed and edited by hand. You will be advised of time scales at the time of ordering.
13. COMPLAINTS: Any complaints should be raised by THE COUPLE 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 the images.