Terms and Conditions of Contract
These terms and conditions explain your rights and responsibilities and also ours. “you” means the Client named in the Contract and “We” means the photographer/s. The “Contract” means the contract signed by you and incorporates these these terms and conditions. “Wedding” shall, if the context so requires, be deemed to be a reference to a civil partnership ceremony or any other analogous ceremony.
1. We agree to supply to you Wedding/Portrait photography services in accordance with the Contract. The Contract incorporates all terms agreed between us and no variation shall apply unless agreed in writing and signed by both parties.
2. You must ensure that any representation or promise on which you rely and which is important to you is written on the Contract and signed by you and our representative. A special Requests section has been provided on the Contract for this purpose.
3.We ask you to note any special requests in the space on the Contract provided for that purpose. We will endeavour to accommodate any reasonable requests made by you but cannot guarantee to be able to do so.
4.The Booking Fee is payable by you on the signing of the contract. This will be set against the total fee payable by you.
5.The balance of the Package Fee must be paid by you no less than 4 weeks prior to the date of the wedding. If the Package Fee is not paid by that date, we reserve the right not to provide any services until payment is made or to treat the Contract as cancelled by you. The provision of clause 23 will the apply.
6. The Package Fee includes the time and expense of the photographer travelling to and from the agreed locations. It also includes time for attending to take photographs as stated on the Contract. If the photographer is requested to stay for longer period at the wedding or reception we will try to accommodate all reasonable requests but cannot guarantee that we will be able to do so.
7. A separate fee will be charged for all additional services ordered such as prints or albums in accordance with our current price list. The price of any additional services must be paid in full before delivery.
8. We are appointed by you as the exclusive professional photographers for the wedding / photo shoot . Amateur photography by guests will be permitted but you must ensure that this does not interfere or conflict with the services we agreed to provide. Many guests will have digital cameras and will want to photograph the bride and groom. In the spirit of cheerful cooperation, the bride and groom agree to give the photographers precedence over guests in order to take the photographs required for the wedding photography services described above. We will not be liable for a lack of wedding photographs if guests taking their own photos of the bride and groom have interrupted the photographer's work.
9. The identity of the primary photographer who will provide the services will be Mark Scott. A second photographer may attend but is not guaranteed unless it has been agreed as part of the photography package agreed in part 1. In the unlikely event that Mark Scott is unable to attend for reasons beyond or control ( e.g. death, injury or illness) we will use our best endeavours to arrange a suitable replacement. If this is not possible clause 22 shall apply.
10. We will discuss with you your general requirements and wishes in relation to taking of the photographs. You should be aware that it may not be possible for these to be followed due to factors such as house rules (i.e. Registrar or Minister restrictions on flash or Photographer location). Weather conditions,lighting conditions, the subjects being photographed and time constraints. You, therefore, grant us full unfettered artistic licenses in related to the content of the photographs, their arrangement, composition,location and number of photographs taken.
11. The number of photographs presented to the client will be at our sole discretion. This will always be less than the number of photographs taken at the wedding
12. Photographs will be taken against the available backgrounds. Please note that we generally cannot move objects or perform other cosmetic duties on location.
13. Wedding should be happy and relaxed occasions but the cooperation of you and your guests is essential in ensuring that the photography goes smoothly, the best results are obtained and your goals achieved. You are, therefore, responsible for ensuring punctuality and the co-operation of your guests.
14. You agree to be responsible for injury, loss or damage caused to our photographers or equipment caused by your guests.
15. Every effort will be made to provide an identical colour balance between photographs but this may not always be possible due to factors such as lighting conditions and Digital sensor limitations. Prints made on different occasions or in different sizes may also vary. Accordingly, no warranty is given that an exact colour match can be provided.
16. We will supply you with proofs in the format agreed with you and in accordance with the package ordered by you as soon as is reasonably practicable after the wedding but cannot guarantee precise timings.
17. Proofs must be finalised for albums no longer than 4 weeks after receiving them. After this time album,prints,ect times cannot be guaranteed on time.
18. Prints and products must be ordered by you and your guests within 12 months of the wedding. After this time we cannot guarantee being able to fulfil orders and any order which we do fulfil will be subject to our then current price list.
19. Digital media remains our property. (Copyright and Design Act 1988).
20. Scottish Copyright Law states that the copyright of photographs remains with the photographer. The copyright in all images and copies of images whether stored digitally or otherwise and any computer program including any source or object code. computer file or printed documentation relating to such images remain our property. 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 Mark Scott Images.
21. We reserve the right to use or display any images created as part of the Contract in our studio. As part of our portfolio, at exhibitions, or for marketing purposes.
22. In the unlikely event that we are unable to perform the Contract for reasons beyond our reasonable control ( for example, death injury, sickness,total photographic failure), the Contract shall be cancelled but our liability to you shall be limited to a full refund of fees paid by you.
23. The Client may cancel the contract at any time by notice in writing to the Photographer(s), but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full.
24. If the date of the wedding is postponed, we may at our sole discretion ( which we will exercise reasonably having regard to our ability to obtain alternative work on the first agreed date and availability on the second date ) agree not to treat the Contract as being cancelled but to provide the service on a postponed date and apply all monies paid by you towards the fees for that day.
25. We will exercise the reasonable skill care and judgement that you would expect of a professional photographer but we shall not be liable for events beyond our reasonable control nor for loss that is indirect or consequential. Under no circumstances will our liability to you, whether for breach of Contract, negligence, breach of statutory duty or otherwise exceed the total amount that you paid to us under this Contract. Our fees have been calculated on this basis. If you wish to have additional cover we would recommend that you consider taking out a policy of insurance. Nothing in the Contract shall exclude our liability for death or personal injury caused by us of those for whose acts we are responsible.
26. Licensed Images
Images supplied by us on a USB Memory Stick as JPEG format digital files will be of sufficient resolution for printing up to (A4). They are licensed to you for sharing or displaying electronically with Family and Friends, and for printing by the Bride and Groom ONLY, up to size A4 ( contact me for larger prints size requests) Larger prints may be at extra cost. Your remaining family and guests must view and purchase print from the password protected 'Client Area' on our website.
27. Third Party Printing
Mark Scott Images cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the USB Memory stick that we supply by Third party Printers such as High Street photo processing shops.