1.The following words or expressions shall have the meanings stated:
“the Photographer(s)” means Paul Spree and Janet Spree trading as Kentish bride Wedding Photography.
“the Customer” means the person identified as the customer(s) on a Booking Form.
“Booking Form” means a form (whether or not printed on the reverse of these Terms and
Conditions) completed by the Customer by which the Customer instructs the Photographer
to create Material.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans,
digital files, design, artwork, montages, drawings, engravings and/or any other
photographic product or other product comprising or containing reproduction of any form of
photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the
Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out on a Booking Form.
2. Any work of any description undertaken by the Photographer pursuant to an Order shallbe subject to these Terms and Conditions.
3. Copyright in all Material is retained worldwide by the Photographer(s) at all times andnothing shall be deemed as a release, transfer, assignment or other disposal of thePhotographer’s rights in the Material, save as:
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer(s) in writing.
4.1 In consideration of the Price the Photographer(s) will undertake such work as is
necessary to full fill the requirements of an Order.
4.2 In consideration of the Photographer’s agreement in paragraph 4.1 above theCustomer will pay the Price in accordance with the provisions set out in paragraph 5below.
5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a non refundable deposit payment onaccount of the Price in such sum as may be agreed between the Photographer(s) and theCustomer prior to the taking of any steps to create any Material.
5.2 In the event of a cancellation of an Order by the Customer, in addition to any
entitlement to claim damages for losses arising from such cancellation thePhotographer(s) shall, in any event, be entitled to retain the deposit paid and/or agreed.
5.3 The Photographer(s) shall be entitled to agree to regard any Order that is notevidenced in writing as invalid.
5.4 The Photographer(s) licences the Customer to utilise the Material produced as a resultof the Customer’s Order to the extent set out in writing between the Customer and thePhotographer(s). Any breach of such licence shall automatically revoke such licencewithout further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer(s) and theCustomer, the Photographer(s) is entitled to utilise Material ordered by the Customer for
the advertising, marketing and promotion of the Photographer(s) business.
5.6 The Photographer(s) shall be entitled to sub-contract his / her obligations under anOrder at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer(s); thePhotographer(s) shall be entitled to use his judgement regarding the style and artistic inputin the production of Material.
5.8 The Photographer(s) shall not be liable to the Customer for any failure, in whole or inpart, to fulfil their obligations under an Order where failure arises as a result of an event or
circumstances beyond their control, which may include (but are not limited to) equipmentfailure, inclement weather, illness or injury.
5.9 Prior to completion of the Photographer’s obligations under an Order on the saidcommencement date, the Customer shall pay the Price (or any balance of it) within 14days of the commencement date of the order. Any sum outstanding after the expiry of 14days shall have the following consequences:
5.9.1 The Photographer(s) reserve the right to refund any monies paid towards thebalance of the Price for the Order minus deposit received as stated on said Order.
5.9.2 The Photographer(s) reserves the right not to attend and fulfil obligations under anOrder on the said Commencement date.
5.9.3 Under the circumstances of the Customer failing to pay the full Price of an Order 14days prior to the Commencement date, a covering letter will be issued to the customer
explaining why such action is being taken.
5.9.4 It is the responsibility of the Customer to inform the Photographer(s), that shouldpayment of the Price for the Order to be after the 14 day expiry date. Failure to notify thePhotographer(s) will follow action as detailed in 5.9.3
6. Material produced under an order will be delivered to the Customer within 2 – 6 weeks
of said commencement date under the schedule.
6.1 Material produced under an order will be delivered in person by the Photographer or
by Special Delivery by Royal Mail at the discretion of the Photographer
7. *The provision of a Photo – Booth under an order will be subject to the Customer,
arranging in advance with the booked wedding reception venue that space will be setaside for this to take place. The Photographer will not be liable to the Customer in whole orin part to fulfill this obligation, should arrangements on behalf of the Customer not behonoured by the wedding venue.
8. Change to date of the Wedding
8.1 A Change to the commencement date on the booking form should be notified to thephotographer(s) in writing.
8.2 Should notification informing of a change to the commencement date be received Thephotographer(s) will endeavour to re-book a date.
8.3 In the event of a new commencement date for the booking be agreed betweenCustomer(s) and Photographer(s), the paid booking fee along with any monies paidtowards the remaining balance will be retained by the Photographer(s) and deducted from
remaining balance. The remaining balance will then be subject to the terms and conditionsas outlined in section 9 “Cancellation and Refunds” in accordance with 9.4 and 9.5
8.4 In the event of a new Commencement date for the booking not being available, theCustomer will forfeit the booking fee plus any additional monies paid towards the fullagreed price of the order.
9 Cancellation and refunds
9.1 The Customer(s) are entitled to a full refund of the agreed booking fee if notice ofcancellation is received with 14 days of booking fee being paid.
9.2 The Customer(s) will forfeit the agreed booking fee on cancellations made after 14days.
9.3 The Customer(s) are entitled to a full refund of monies paid minus the agreed bookingfee if written notice of Cancellation is received by the Photographer(s) up to a period of 12months prior to the commencement date of agreed booking.
9.4 The Customer(s) will forfeit the agreed booking fee, plus any monies paid towards theremaining balance of the agreed price upon receipt of cancellation notice up to a period of6 months prior to the commencement date of the agreed booking. Or as specified in theTerms and Conditions as outlined in section 8 “Change to date of the Wedding” inaccordance with 8.3
9.5 The Customer(s) will incur the full cost of the agreed price upon receipt of cancellationnotice up to a period of 3 months prior to the commencement date of the agreed booking.
The Client(s) are hereby advised to take out an appropriate insurance policy to cover any
expenses incurred in the event of cancellation. Or as specified in the Terms andConditions as outlined in section 8 “Change to date of the Wedding” in accordance with
10. The contractual relationship between the Photographer and the Customer shall begoverned by the laws of England.
11. An Order, as evidenced by information on the Booking Form and as governed by andtogether with these Terms and Conditions shall form the entire agreement between thePhotographer and the Customer, save as otherwise agreed in writing.