Terms and Conditions
In the following Terms and Conditions:
“Business” shall mean Libby Clark Photography
“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the event date inserted into the Contract;
“Photographer(s)” shall mean Libby Clark Photography and, if applicable, a second shooter;
“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;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and 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.
Booking Fee
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee. If no Booking Fee is received within 7 days of the return of the signed Contract then the Photographer(s) may offer the Date of Event to another client.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Payments
Libby Clark Photography will be in contact with you approximately 2 - 4 weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary.
All payments must be received in cleared funds 4 weeks prior to The Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
• The remaining balance is due 28 days prior to the Event Date.
• Payment for any additional images or products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation.
All cheques should be made payable to Elizabeth Hutchings. Bank Transfer (BACS) payments details are available on your invoice.
Late payments or returned cheques will attract an administration charge of £10.00.
The final products will not be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of 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.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots. Due to the variation of the weather and the willingness of subjects it may not be possible to capture all the photographs requested. The photographer shall also be granted artistic license during the editing and post-production of the images provided to the couple.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of event date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
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.
Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers. Only quality branded USB’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching
Additional retouching, digital manipulation and artist finishing is available to the Client as an optional extra at a price to be agreed.
Reorders
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products
In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Ownership
Any digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Libby Clark Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer(s) 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.
Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Cancellation
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer(s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-
• Notice received 365 days prior to the event date or more: Booking Fee only.
• Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable.
• Notice received of 182 days or less: 100% of the agreed balance will be payable.
Where no quote or package has been selected on the original booking form, the agreed balance will be accepted as being £500 and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer.
Postponement and Rebooking
Where an Event is postponed until a later date, an additional £50 rebooking fee is due. In the event the new date cannot be accommodated by the Photographer it is treated as a cancellation by the Client in accordance with the above terms.
Covid-19
Where an Event is cancelled as a direct result of Covid-19 and outside the Clients control, where it is no longer possible for the event to continue in any form on the original date and postponement is not possible due to the Photographer being unavailable, all monies will be refunded.
Conduct
It is the responsibility of the customer to ensure the co-operative behaviour of subjects at a shoot. Should the photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and leave without forfeit on this contract (eg drunk / abusive guests at a wedding)
The Photographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, 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.
Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint.
The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Notices
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing law and 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.
