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Terms & conditions for mark jenkins photography 2020/21

In the following terms & conditions "The Photographer" shall mean photography supplied by Mark Jenkins Photography. "The client(s)" shall be those persons defined as bride and groom in the wedding booking.

 

Booking Fee & Contract

 

A signed contract and Booking Fee is payable to secure The Photographers services for The Clients date. The Booking Fee will be deducted from your total balance. The remaining balance will then be payable 30 days before the wedding. In the event that The Client fails to pay the remaining balance within seven (7) days of the wedding date, The Photographer may, at their discretion, treat this agreement as if terminated by The Client. Upon payment of the Booking Fee and signed contract, The Photographer will reserve the event date on behalf of The Client(s) and reject all other requests for event coverage on that date. Thus, if for any reason the wedding is cancelled or postponed, all monies paid are non-refundable or non-transferable to a new date. To reserve a new date a new Booking Fee will be required at the current rate.

 

The Client may cancel at anytime after The Contract has been signed by sending written notice to The Photographer. If the written notification is received more than 120 days before the date the wedding is due to take place then The Photographer will reimburse The Client any monies paid, except for the Booking Fee.

 

If the written notice of cancellation is received within 120 days of the due wedding date then the amount of the price that The Photographer shall be entitled to is calculated in accordance with the table below (detailing the amount The Photographer is entitled to)

 

0-30 days = 100%, 31-60 days = 75%, 61-90 days = 50%, 90-120 days = 25%, 121+ days = 0%*

 

While every reasonable effort will be made to produce and deliver the agreed photographs of the event, The Photographer’s entire liability to The Client for any claim arising from The Photographer’s performance or agents and servants (including photographers, processing laboratories and postal and delivery agents) is limited to a refund to The Client of the amount paid for services. The primary photographer for the wedding will be Mark Jenkins. If The Photographer is involved in an event rendering him unconscious, liability is limited to a full refund of monies paid. In the unlikely event of photographic equipment failure, the limit of liability for a partial loss of originals shall be a prorated amount of the photographs lost based on the percentage of total number of originals. In the unlikely event of personal illness, Acts of God, or other circumstances beyond the control of The Photographer, a substitute photographer of high qualifications may be sent to fulfil the obligations of The Photographer herein contracted. If a substitute photographer is provided, The Client has the right to refuse to accept the substitute photographer and may instead terminate this agreement and receive a full refund of all monies paid.

 

CREATIVE LICENCe

 

The Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style and the number of photographs taken and delivered shall be deemed correct. On its own behalf, and on behalf of the subject, The Client acknowledges that they are familiar with The Photographer’s portfolio and are 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 his personal artistic judgment to create images consistent with his personal vision of the event, which vision 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 endeavour to take all the photographs agreed. However, because a wedding is an uncontrolled event, the photographer cannot guarantee delivery of any specifically requested image(s), especially if timings or events are altered without our knowledge. Due to changes of the weather and the availability and willingness of subjects The Photographer will do their best to honour requested photographs but cannot undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Any special requests not notified on the booking form must be made by the Client to the Photographer in writing. 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. No responsibility is accepted for any individuals missing from group shots, for whatever reason. 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.

 

During a wedding The Photographer will automatically re-take any photograph where they have seen that someone has blinked, but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see everyone.

 

All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. Due to The Photographers journalistic style and post-processing techniques used colours of hair/clothes/objects can differ from that seen by the human eye. Owing to anomalous reflectance caused by a combination of certain hair/clothes/object dyes and materials, especially man made fibres, it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

 

Any additional editing and/or retouching will be subject to an hourly rate of £40 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, swapping a face from one image to another, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements.

 

HOUSE RULES

 

The guidelines of the ceremony official and the reception site management may limit The Photographer. The area from which the photographer is able to cover the ceremony or reception may not be the photographer's choice and The Photographer cannot accept responsibility for any obstructed view should this be the case. The Client agrees to accept the technical results of their imposition on The Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; The Photographer will offer technical recommendations only.

 

EXCLUSIVITY/GUEST PHOTOGRAPHY

 

The Photographer shall be the sole professional (still) photographer(s) at the venues specified.

 

The Client accepts The Photographer can accept no liability for negative impact caused by guest photography. It is understood that wedding guests will of course want to take photos of the Bride and Groom, however, the photographer must be given precedence over your guests in order to take the wedding photographs required. No liability for negative impact caused by guest photography can be accepted during this time. Whilst family, friends and other guests may take photographs throughout the day, you acknowledge that shots taken by The Photographer can be adversely affected by guest photographers/videographers (e.g. due to flashes from other cameras, sudden obstruction caused by guest photographers/videographers moving to get a key shot and distraction of competing cameras causing subjects in group photographs to be looking in different directions), Accordingly the Photographer will not be held liable for any shots unavailable because of interference from guest photography.

 

LIASONS

 

Regardless of who pays the fee, The Photographer liaises and works with you exclusively. The Photographer is open to requests from family members both before and on the Wedding Day but any such requests will be subject to your approval.

 

POST PRODUCTION TIMESCALES, COMPLETION & DELIVERY

 

The Photographers decision over all editing decisions is final. Delivery of the digital files will be in the form of high resolution jpeg's. The Photographer will endeavour to deliver the processed high resolution files to the Client between 4-8 weeks after the event, however during busy times this can take considerably longer. The photographer reserves the right to exceed completion timescales in order to give the proper time, attention and care to your final photographs. Once a set of high resolution digital files have been delivered either by on-line gallery or USB (which ever comes first), the responsibility to preserve the images passes to The Client, and the decision whether The Photographer will keep a copy or not will be entirely at The Photographer’s discretion.

 

THIRD PARTY PRINTING

 

The Photographer cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the the digital files that we supply by Third Party Printers such as High Street photo processing shops. If The Client is undertaking printing themselves, it is strongly advised that The Client research and use a reputable, specialist high quality Third Party Printer. The Photographer is unable to make any recommendations in this respect.

 

COPYRIGHT

 

The 1988 Copyright Act assigns the copyright to the photographer. It is contrary to the Act and strictly illegal to copy or allow to be copied, any photographs covered by this contract. The Photographer grants The Client permission to make copies of the images under the conditions that the images taken by the Photographer are for personal use by The Client and their friends and relatives. The Photographer will provide The Client with a print licence as proof of this permission. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from The Photographer. If a Non-Disclosure contract is required, this can be arranged separately, at an additional cost.

 

MODEL RELEASE

 

The Client hereby grants The Photographer the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by The Photographer and considered standard by the wedding industry.

 

FOOD AND DRINK

 

It is agreed by the Client that for any wedding over 4 hours they will provide a suitable hot meal for The Photographer and any assistant and a second shooter/photographer if hired to be consumed while the guests sit for their meal (this does not have to be the same as what you and your guests eat or be eaten with the guests). This is so the Photographer does not have to leave the venue to find some food. The Photographer and team will take a break whilst you’re eating during your wedding breakfast. The Photographer and if applicable the second photographer/shooter will return to the room after your wedding breakfast just before speeches, if applicable. The Photographer does not photograph during meal time or any of people eating.

 

ADDITIONAL COSTS

 

Travel costs: Reasonable travel costs are charged to travel to and from a wedding outside of a 30 mile radius of The Photographers home.

Overnight stays: if the photographer is required to stay overnight a minimum cost of £100 per photographer per night will be levied. This cost will include all accommodation and subsistence.

Overseas weddings - I will provide an additional estimate for overseas travel and accommodation if required.

 

INSURANCE

 

The Photographer holds current world-wide public liability and indemnity insurance. You are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.

 

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 and The Client will become liable for any damages caused to equipment.

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