It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
The Booking Fee assures the time and services of the Photographer(s) for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer(s) due to cancellation. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Following payment of the booking fee, balance of fees due are to be paid 28 days prior to the wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.
The Photographer(s) may display any photographs included in this contract in his/her studio, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.
All image sizes are nominal. The Photographer(s) 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.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
Any images or copies of images, whether stored digitally 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(s) in writing.
The Photographer(s) shall be granted licence 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 deemed correct. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested.
Weather and/or Delays
Weather permitting, the photographs will be taken as agreed. In the event of inclement weather, Pengelly Photography, in co-operation with the Client, will make the necessary changes to the schedule and will do their best to produce coverage of the wedding within the time allocated to them. Similarly, when delays occur due to circumstances outside their control, Pengelly Photography will stay beyond the agreed time but will charge an extra fee for the extra time involved.
Pengelly Photography will honour requests for specific photographs subject to the following: weather and time permitting, availability and the co-operation of the person(s) concerned. All such requested photographs must form part of the clients final wedding order.
Pengelly Photography cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, nor by restrictions placed on the photographer by officials of the church, register office or licenced marriage venue.
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.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.
Limitation of Liability
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 indirect or consequential loss.
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. Should cancellation be received by the Photographer(s) less than 10 weeks prior to the date of the ceremony, the client shall in addition pay a sum equal to 50% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the Photographer(s) would suffer.
Digital files remain the property of the Photographers.
Any complaints should first be raised by the client with the Photographer(s) in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint, the Client may request the The BIPP ( British Institute of Professional Photographers) or The Guild of Wedding Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
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terms of business
Photographic orders will only be processed when full payment of orders are received.
Photographs will be dispatched on completion of order approximately two weeks from receipt of payment
If a mistake occurs on an order due to an oversight by the customer, then any photograph to be reprinted will be charged to the customer at current reprint prices.
If a mistake occurs on an order due to Pengelly Photography, then any photograph to be reprinted will be done so at no extra cost to the customer.
Any mistake must be notified to Pengelly Photography within 24 hours from receipt of photographs