Hip to Heart Photography Contract, Terms & Conditions
By booking Hip to Heart Photography as your wedding photographer, you agree to all the terms & conditions below. It is agreed that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
Business shall mean Hip to Heart Photography
Client(s) shall mean "You" the parties to the Contract
Event shall mean the Event title on the booking form
Photographer(s) shall mean Hip to Heart Photography
Products shall mean any USBs, albums or other items listed in the Contract
Services shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract.
This agreement contains the entire understanding between Hip to Heart Photography (aka Laura Kate Bradley) and the Client. It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Clients and Hip to Heart Photography at the time of acceptance of this contract shall be recognised as amendments to this contract. By signing the wedding booking form, the bride and groom, and/or their authorised agents, assign Hip to Heart Photography exclusive rights to photograph the wedding. Hip to Heart Photography will be the only professional photographer on the day of the wedding. Hip to Heart Photography reserves the right to ask other people to refrain from taking photographs at key times, if it is considered that this may compromise the quality of the photographs.
2. PAYMENTS AND DEPOSIT
Upon receipt of deposit, Hip to Heart Photography 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 of 30% of the coverage 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 deposit is to be paid at time of signing contract. The reservation deposit is applied towards the contracted wedding photography package. Full payment for the event is required at least 28 days prior to the event. The Photographer will be in touch via email with an invoice for the remaining balance. If full payment is not received 7working days prior to the event, the Photographer reserves the right not to be present to photograph the wedding event. Payments must be made via bank transfer (BACS). Proof of payment will be made available on request.
3. THE PHOTOGRAPHER AND LIMITATION OF LIABILITY
a) In the unlikely event of severe medical, natural or other emergencies on behalf of the Photographer, every effort will be made to secure a replacement photographer. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential loss.
b) Hip to Heart Photography takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Hip to Heart Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The photographer shall not be liable for any amount in excess of the retail value of the Client’s paid order.
4. SPECIAL REQUESTS/COVERAGE
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. Special requests are not binding instruction, although every effort is made on behalf of the Photographer to comply with the Client’s wishes, subject to weather and time permitting. Any special requests not notified on the booking form must be made by the Client to the Photographer in writing. No responsibility is accepted for any individuals missing from group shots, for whatever reason. The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired and will ensure the Photographer has been informed. The Photographer will make suggestions but it is the Client’s responsibility to assign time for group shots, portraits and anything outside of the Photographer’s journalistic style. The Photographer will not be held accountable for not photographing desired people if there is nobody to assist in identifying or gathering people for the photograph. The Client is also responsible for identifying any individual(s) that does not desire to be photographed. The Photographer will not be held accountable for any person in group shots whose eyes are closed even though multiple shots will be taken in an effort to avoid this. The final content of the images is at the discretion of the Photographer. Although every possible care will be taken to produce photographs of all important and special events during the wedding, Hip to Heart Photography cannot place an unconditional guarantee on the above. The Photographer cannot be held responsible for any missed shots due to the behaviour of guests. No photographs will be taken of guests eating during sit down meals as this is when the Photographer will be taking a break.
5. HOUSE RULES
The Photographer is limited by the guidelines of the ceremony official or the reception site management. The client agrees to accept the technical results of their imposition on the Photographer. Negotiations with officials for moderation of guidelines is the Client’s responsibility. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case. Photographing parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
6. USE & DISPLAY OF IMAGES
The Client hereby assigns and grants the Photographer(s) and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the wedding for editorial, trade, advertising or any other purpose in any manner or medium to generally promote the Business in the Photographer(s) portfolio. It is agreed that the photographer may display and use the photographs taken for blogs, advertising, display, website and internet promotion, competitions, public display such as in mail, photography books, store fronts, window displays, social media, magazine advertising and any other purpose thought proper by the photographer, providing they are used lawfully and without damage to the Clients. Other than via the password protected gallery, the Photographer agrees not to resell any image to a third party other than with prior written consent.
7. COPYRIGHT & OWNERSHIP
Any negatives and/or digital files shall remain the sole property of the Photographer(s) at all times.
Any images or copies of images whether stored digitally (negatives/digital files) or otherwise and any computer program including any source 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 in writing. Where a viewing album is provided, any breaking of seals in the album will presume a breach of copyright. The Client understands that no unedited images or RAW files will be released at any time. RAW files will be stored by the Photographer for one year. After this time, they may be deleted. Jpeg files will be stored by the Photographer indefinitely.
8. ROYALTY FREE LICENSE
The Photographer retains the copyright of the images as described in section 6. In the event that a disc/USB memory stick is included in the package or one is purchased as an optional extra then the photographer retains the copyright however grants a Royalty Free (RF) License that permits the use of the images without further payment for any non commercial lawful purpose for an indefinite period. Uses include reproduction or making the image available on the internet for non-commercial use worldwide. The Royalty Free License does not permit the editing or selling of the images by the clients or third parties. It is also prohibited to allow suppliers and third parties to use the images without the expressed written consent of Hip to Heart Photography and a payment of the appropriate fee as determined by Hip to Heart Photography.
Clients who permit their wedding suppliers to use Hip to Heart Photography’s images without proper authority will be issued with a breach of copyright notice and required to pay compensation per image used. The supplier will also be issued with a breach of copyright notice and required to pay compensation per image used.
9. ARTISTIC STYLE
On its own behalf, and on behalf of the subject, the Client acknowledges that it is familiar with the Photographer’s portfolio, has viewed blog posts containing a wide range of images from previous weddings/events and is 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 her personal artistic judgement to create images consistent with her personal vision of the Event, which 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 or aesthetic criteria. The Photographer will advise on locations for portraits and group shots, and should the Client choose to ignore any advice or suggestions given and are unhappy with the final results, the Photographer will not be obligated to rectify the issue after the event. No digital alterations of your reality on the day will be made during the editing process. No airbrushing will be done during the editing process. These edits lie outside the services offered by the Photographer and are not part of the Photographer’s photographic style.
10. FORCE MAJEURE OR ACT OF GOD
The performance of this contract shall be contingent upon Acts of God, storms, flood, riots, fire, sabotage, civil commotion or civil unrest, warfare, Government laws or regulations, failure of energy sources, acts of terrorism, strikes by suppliers and/or conditions beyond its control.
11. CANCELLATION AND CHANGE OF DATES
All cancellations must be delivered in writing (verbal communication alone is not acceptable.) If the Photographer cancels the agreement, then any fees and deposits will be reimbursed in full to the client. Changes to the venue or other important details must be submitted in writing to the Photographer at least 14 days before the event. It is the Client’s responsibility to confirm all arrangements at least 2 weeks prior to the event. If the Client changes the venue at any point after booking and the new venue is a greater distance for the Photographer to travel than the original venue, the Client is responsible for covering any extra travel costs.
Changing the date of your wedding will incur a £200 administration fee, in the event Hip to Heart Photography is not available, you will have to cancel your contract and the deposit is forfeit.
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client will be liable to pay the Photographer the following sums:
- Notice received 182 days or more prior to the wedding date: deposit only
- Notice received less then 182 days but more than 60 days: 50% of the agreed balance due will be payable
- Notice received of 60 days or less: 100% of the agreed balance will be payable.
12. GUEST CONDUCT
The Photographer will not tolerate verbally or physically abusive behaviour of the Client or guests of the Event. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, if the Photographer is threatened in any way 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.
13. PERSONAL ACCIDENT
Any directions issued to Clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
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 film the exact colour as seen by the human eye. Hip to Heart Photography cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the USB memory stick that she supplies or by Third Party Printers such as high street photo processing shops. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
The Client kindly agrees to provide the Photographer (& assistant/second shooter if applicable) with one meal on the day of the wedding, in a room or area separate from the wedding guests/dining area.
16. GOVERNING LAW & JURISDICTION
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.