Devon and Cornwall Wedding Photographer, Emma Morgan Photography | Terms and conditions 2018

TERMS AND CONDITIONS

It is agreed that the following terms set out the total agreement made between Emma Morgan Photography and the client (‘The clients’ shall be those whose names appear on the contract) and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

BOOKING FEE
The Booking fee (25% of total balance) secures the time and services of Emma Morgan Photography for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by Emma Morgan Photography 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.

PAYMENTS
Following payment of the booking fee, balance of fees due is to be paid 4 weeks prior to the wedding. No photographs will be delivered until all payments due have been paid in full. 
Payment for addition prints and albums is to be made when they are ordered.

DISPLAY
Emma Morgan Photography may display any photographs included in this contract in his/her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

IMAGES
All image sizes are nominal. Emma Morgan Photography 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 or digitally the exact colour as seen by the human eye.

RETOUCHING
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

REORDERS
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.

DELIVERY TIME

Sneak Preview: A selection of one or two images will be posted on social media as a sneak preview in the following days of the wedding if consent given for social media marketing

Online Photographs: Photographs will be uploaded to your online gallery within 4-6 weeks from the wedding day of the Photographer’s photographs, if a second shooter was hired from one those collections their photographs will be mixed on the main gallery

USB: The Photographer will deliver jpeg files on your USB at the same time as your chosen prints. (This time period varies on the client to when YOU let the Photographer know your chosen prints selection you receive as part of your collection)

Albums: Albums, depending on the style and size, will be delivered within 12 weeks from approving final design (this may be longer in peak periods March-October).

ALBUMS
The Photographer will supply the album and number of pages that has been ordered subject to any variations that the Client may make. Any variations over and above that originally ordered by the Client will be charged at the rate current at the time of commission, and will be included in the final account. The photographs provided in the album will be the Photographer’s only and no other photographers/second shooters photographs will be put in the album.


COPYRIGHT
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 Emma Morgan Photography in writing. The Client(s) hereby acknowledges that infringement of the Photographer’s copyright is unlawful and may be a criminal offence. The Photographer accepts no responsibility for the quality and colour reproduced from third party printers of images taken from print release not copyright free images supplied, due to variations in paper and third-party printing processes and profiles. The Photographer provides all clients with a print release so that unlimited prints can be made, but you cannot edit, sell or use them for profit in any way.

SHARING OF IMAGES

At times Emma Morgan Photography will share images with and acknowledge other wedding businesses that were part of your day. This is for the purpose of marketing and networking and keeping our portfolio’s up to date

EXCLUSIVITY/GUEST PHOTOGRAPHY

It is understood that Emma Morgan Photography will act as sole and exclusive wedding photographer. At times she may bring an assistant but this is at her own discretion and cost. If a second photographer is required, this is booked through the photographer at an extra cost to the client.

The client accepts the photographer can accept no liability or negative impact caused by guest photography. When the photographer is taking formals this time is exclusive to the photographer and no guest photography is permitted as full attention is required. There will be a time for guest photography if required after. Whilst family and friends may take photographs throughout the day, you acknowledge that shots taken by the photographer could be affected by guest photography (e.g due to flash, obstruction, distraction and guests looking in other directions). 

LICENCE


Emma Morgan Photography shall be granted artistic licence in relation to the poses photographed and the locations used. Emma Morgan’s judgement regarding the locations/poses and number of images taken shall be deemed correct. 


ACTS OF GOD

Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
For bookings involving a church ceremony or at certain other venues, the photographer’s movements are sometimes restricted by the minister or official in charge: photographing parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. Emma Morgan Photography cannot accept responsibility for limited coverage in such cases.

ATTENDANCE
In the unlikely event of Emma Morgan Photography 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. However, it may prove difficult or impossible to find a skilled replacement at short notice or at the same price.

FOOD AND DRINK

Food and drink does not have to be purchased for the photographer, but there has to be facilities in place for the ordering of food at the venue. This is so the Photographer does not have to leave the venue to find some hot food. The Photographer 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. The Photographer does not photograph during meal time or any of people eating.

HARRASSMENT
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by the Photographer shall be the responsibility of Client. In the event Photographer or his/her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the Photographer will end wedding coverage immediately and leave the event, the Photographer shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold the Photographer harmless as a result of incomplete wedding or event photography coverage.

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.

CANCELLATION
The Client may cancel this contract at any time by giving written notice to Emma Morgan Photography but in doing so shall forfeit any monies paid. Cancellation
Less than 12 weeks before the wedding will result in the payment in full.

DIGITAL FILES
Digital files remain the property of Emma Morgan Photography.

PRICES
All prices are subject to the then current rate of V.A.T. (if applicable).

COMPLAINTS
Any complaints should first be raised by the Client with the Emma Morgan Photography 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 Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

DATA PROTECTION AND PRIVACY

The Photographer will treat any information which is confidential to you and which we obtain as a result of providing the Services for you as strictly confidential save for the purpose of providing the Services or may as otherwise be agreed in writing.

The Photographer will securely store your name and wedding details contained within the Booking Form within her Business Management Software 17hats.  These details will not be made available to any third party. The Photographer will not use your personal details or any photographs from your wedding for marketing purposes without your prior consent.

We shall comply with the terms of any applicable data protection legislation in respect of the handling or processing of any personal data under or in connection with these Terms including, but not limited to the Data Protection Act 1998, the General Data Protection Regulation (EU Regulation 2016/679) and any other laws relating to the processing of personal data in force from time to time. A copy of the Photographer’s privacy policy, which is followed in how the Photographer handles your personal data is also available here: Privacy Policy