Terms & Conditions

In the following terms & conditions "the Photographer" shall mean Neil Massey of Neil Massey Photography. "The client(s)" shall be those persons defined as bride and groom in the wedding booking. It is mutually agreed that the following terms and conditions set out within this agreement, form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by both Neil Massey Photography and the client, in writing.

PAYMENTS

BOOKING FEE: The Booking Fee of £50.00 is required at the time of booking, together with a signed contract to secure a date. Dates are reserved only when this fee is paid.

BALANCE PAYMENT: A balance payment is to be made no later than 30 days prior to the Wedding Ceremony. Payment for additional album photographs, prints & frames is made after the wedding at the time of ordering.

METHOD OF PAYMENT: Please make cheques payable to ‘Neil Massey’. Any payments paid through Paypal should be payable to ‘Neil_Massey@Hotmail.com’ and will incur a 3.4% charge. An unconditional refund policy exists for a period of 14 days from receipt of this contract and payment. Any bank charges incurred due to returned cheques will be debited to the Client.

CANCELLATION

CLIENT CANCELLATION: The Client(s) may cancel this contract at any time by giving written notice to Neil Massey Photography. In the event of the Client(s) cancelling a booking for wedding photography after a period of 14 days from the date of signing the contract, the Photographer reserves the right to charge a cancellation fee in accordance with the following scale, as compensation for loss of income:

£50, (the booking fee), if cancelled more than 12 months prior to the wedding date.
25% of the agreed fee if cancelled between six and twelve months prior to the wedding date.
50% of the agreed fee if cancelled less than 6 months prior to the wedding date.
100% of the agreed fee if cancelled within a month of the wedding date.

In the event of Neil Massey Photography taking another wedding booking for your cancelled date, a full unconditional refund of your deposit and monies paid shall be made.

POSTPONEMENT: Should the cancelled wedding turn out to be a postponement, then, subject to availability on a new date, all money paid may be applied to the new wedding. In this case, the total fees chargeable shall be the fee which applies at the time of the new booking.


PHOTOGRAPHER CANCELLATION: If the Photographer has to cancel this contract for reasons beyond his control, (death, injury, sickness, acts of God etc.), his liability shall be limited to a full refund of all monies paid. In this instance the Photographer will also do his utmost to provide an alternative photographer, however this cannot be guaranteed.

FORCE MAJEURE: In the unlikely event of total photographic failure, beyond the Photographers control, or if the photographer cannot perform this agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the all parties, then the photographers liability shall be limited to a full refund of all monies paid and shall have no further liability with respect to the agreement. This limitation on liability shall also apply in the event that photographic materials are damaged or lost through camera or equipment malfunction, lost in the post, or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the total value of the contract.

PHOTOGRAPHS

CREATIVE LICENSE: The Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. His judgement on photographic style and the number of photographs taken, shall be deemed correct.

EXCLUSIVITY: The Photographer shall be the sole professional (still) photographer at the venues specified. He does however positively encourage family, friends, and other guests to take photographs throughout the day.

CO-OPERATION: All parties agree to provide as full a cooperation as is reasonable to ensure the best possible outcome of the day, both prior to and during the event. It is accepted that guests will have digital cameras and will want to photograph the Client(s). In the spirit of cheerful cooperation the client(s) agree to give the Photographer precedence over guests in order to take the photographs required for the wedding services described. Family and friends are encouraged to take photographs providing this does not disturb, disrupt or interfere with the photographer’s duties. The Photographer will not be held liable where such disruption results in a lack of wedding photos.

FORMAL/REQUESTED PHOTOGRAPHS: The Photographer will document the events in a candid manner and take formal portraits as necessary. The Client(s) should provide a full list of formal photographs required including names and relationship to the client. The Photographer will then do his best to honor requests for specific photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. This will all be subject to time permitting, changes in the weather, and the availability, co-operation and willingness of the person(s) concerned.

ASSISTANCE: It is recommended that the the Photographer be provided with a helper (usually the best man or the ushers) who will point out key individuals to be photographed. The photographer may also require the assistance of the best man in organising family groups. The client(s) also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at the wedding like having their photo taken. In such cases the wedding photographer will use his discretion but cannot be held responsible for a lack of photos of these people.

COVERAGE: The Photographer cannot be held responsible for the lack of coverage caused by the Client(s) 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 licensed marriage venues. The Photographer does not guarantee any specific picture nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The Photographer is limited by the guidelines of the ceremony official or reception site management. The Client(s) 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.

PERSONAL ACCIDENT: Any directions issued to the Client(s), their guests or employees during a photographic shoot are deemed to be at said persons own risk. The Photographer cannot be held responsible for any personal accidents during a photographic shoot.
WEATHER AND/OR DELAYS: Weather permitting, the photographs will be taken as agreed. In the event of inclement weather the Photographer, in co-operation with the Client(s), will make the necessary changes to the schedule and will do his best to produce coverage of the wedding within the time allocated to him. Similarly, when delays occur due to circumstances outside his and the Client(s) control, the Photographer will stay on beyond the agreed time.

REPRODUCTION

COLOUR MATCHING and SIZES: Owing to photo-chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Photographer will endeavor to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.

DIGITAL IMAGES/FILES: Where digital Images/files have been provided to the client(s) as part of their wedding collection, they will be provided as JPEG files, RAW files, or as a DVD slideshow, on either CD or DVD. The Photographer is not liable for any incompatibility that may be incurred in playing back such images due to the Client(s) equipment nor the visual presentation of prints obtained from such files owing to the incorrect use of colour profiling on the Client(s) or third party’s equipment. The Client(s) may use them for their own personal use where no monetary gain is involved. Personal use includes, printing images from the file, copying files as a means of securing a backup, publishing images to a non commercial web site and the distribution of images for non monetary gain, eg: to friends and family. The copying or distribution of files, images and discs outside of this license is in contravention of copyright. Where any images are published on to a website, credit will be given to the Photographer.

WEDDING ALBUM: A mutually convenient appointment for viewing of photographs will be made upon return from honeymoon or another pre-arranged date. The images will be displayed on a large screen, and you will be required to make your album selection at that time. The Photographer’s will supply the album and number of pages that has been ordered subject to any variations that the Client(s) may make. Any variations over and above that originally ordered by the Client(s) will be charged at the rate current at the time of commission, and will be included in the final price. Albums, depending on the style and size, will be delivered within 8 weeks from the day of ordering.

PRINT QUALITY: The Photographer accepts no responsibility for the quality and colour reproduced from third party printers of images taken from Copyright free images supplied, due to variations in paper and third party printing processes and profiles.

RETOUCHING: The photographer will use his judgement in utilising basic retouching and image manipulation where appropriate. The Photographer reserves the right to deal with specific requirements as additional work.

REORDERS: All reorders shall be treated as an extension of this contract. Such orders can be made by direct contact with the Photographer. Payment for all reorders must be made at the time of ordering. Charges will be in accordance with those current at the time of ordering.

STORAGE: All digital negatives and electronic images created by the Photographer will be stored safely and be made available for future reproduction.

COPYRIGHT

COPYRIGHT: The copyright in all 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 created by the Photographer under this contract shall remain his property in accordance with the Copyright, Design and Patents Act 1988. The Client(s) shall have no right to reproduce, nor to authorise the reproduction of, by any means whatsoever, any photographs created by the Photographer unless express permission has been given in writing. This includes photocopying, scanning into computer, photographing with a film or electronic camera, including a video camera, and producing either a hard copy on paper, film, or similar medium, and also recording an electronic image on a computer hard disc, or any tape, disk or other recording medium. Nor is it permitted to transmit or allow to be transmitted such images by cable, radio waves or the internet. The Client(s) hereby acknowledges that infringement of the Photographer’s copyright is unlawful and may be a criminal offence. The Photographer retains all copyright and reserves the right to use images for the promotion of himself or his business without recourse or compensation to the client.

MODEL RELEASE: The Client(s) hereby grant to the Photographer and his legal representatives heirs and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client(s) or in which the Client(s) may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client(s) hereby releases the Photographer and his legal representatives , heirs and assigns from all claims and liability relating to said photographs. The Photographer will ask permission from the Client(s) to publish a photograph, and the Client(s) has the right to refuse publishing.

PRINTS: Photographic prints will become and remain the property of the Client(s). However the Client(s) specifically acknowledge that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce, or authorise the reproduction of, such images. The Photographer cannot guarantee to secure copies of the images for ever; images will be retained by the Photographer for a minimum of a year after the event.

GOVERNING LAW: This agreement shall be governed in accordance with the laws of England and Wales. English Copyright Law states that the copyright of photographs remains with the photographer. The Photographers grant the Bride and Groom permission to make copies of the images under the following conditions. The images taken by the Photographers are for personal use by the bride and groom and their friends and relatives. Selling, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographers.

MISCELLANEOUS

PRIVACY: Neil Massey Photography will store your name and wedding details on a private internal database. These details will not be made available to companies or individuals outside of Neil Massey Photography.

TRAVEL & SUBSISTENCE: For attendance at venues at a distance over 35 miles radius, travel costs at the rate of £0.44 per mile will be charged where appropriate. Where the wedding and ceremony require an overnight or longer stay, whether in the UK or abroad, then modest hotel and subsistence charges will be made.

INDEMNIFICATION: The Client(s) shall indemnify and hold harmless The Photographer from any loss, damage or liability resulting from the Client(s) violation of the terms of this Agreement or any agreement involving the Client(s) and the Photographer. The Client(s) shall indemnify the Photographer and hold him harmless from and against any claim by any other person or entity resulting from the performance of his services under this agreement.

INDEMNITY: The photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the wedding. In all other cases the Client(s) shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

LIMITATION OF LIABILITY: The Photographers have working methods in place to prevent the loss or damage to your images. However, In the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control or in the event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, 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.

COMPLAINTS: Any complaints should be raised by the Client with the Photographer, in writing, within 7 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.