Terms and conditions
1. COPYRIGHT
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer/videographer.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer/videographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer/videographer although every effort will be made to comply with the client’s requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The photographer/videographer’s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer/videographer’s movements are sometimes restricted by the official in charge. The area from which the is able to cover the ceremony may not be the photographer/videographer's choice and the photographer/videographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer/videographer will not be responsible for photographs that are not produced due to technical failure.
4. PAYMENT
i. A non-refundable booking fee of 50% of the full package price will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer/videographer’s website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due two weeks before the session/event day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer/videographer until paid for in full by the client(s)
v. Any request made with less than 2 weeks notice is subject to 100% of the cost at the time of the request or 50% deposit with an additional $100 added to the remaining balance. This is up to the customers’ discretion to choose what works better for them.
5. FORCE MAJEURE
i. In the very unlikely event of cancellation by the photographer/videographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer/videographer will endeavor to put the client(s) in touch with another photographer/videographer in the event they are unable to attend on the session/event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer/videographer. All digital packages include a copy of the edited digital negatives to the client(s) for their use.
ii. If the customer decides to utilize the products created for commercial/social media use PIWP must be notified VIA e-mail along with credited/tag(social media @pictureitwright) in the publication or on the website where the digital product will be viewed by the public.
iii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographer/ videographer liability shall be limited to a full refund of any deposits and fees paid but shall not include a refund for any goods already received.
iv. If the client wants the RAW/Editing files for any of the design work that his been executed over the duration of this contract please contact PIWP. These will have an additional cost per file to claim any RAW/Editing files.
7. ON THE DAY
i. The photographer/videographer will be the sole professional (still) photographer/videographer at the venues specified. The photographer/videographer does, however, positively encourage family, friends and other guests to take photographs throughout the day.
ii. A meal is a requirement, for any work over 3.5 hours.
iii. Any photography following the agreed upon time will be at the discretion of the photographer/videographer or if expressly agreed in writing beforehand.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person(s) own risk. The photographer/videographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fee will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks to go until then, the booking fee of 50%.
iii. Cancellation with less than two weeks to go until the session/event date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
10. DELIVERY
i. The photographer/videographer will endeavor to deliver digital negative files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.
11. WORK FLOW (subscription based clients)
i. Design work will begin once the Contract Agreement has been signed and 100% of the agreed price has been received for the first month.
12. SUBSCRIPTION BASED CUSTOMER PAYMNETS
i. The remaining payments will be taken out each month. If payments don’t come through there will be a 2 day grace period to continue your service. If payments still aren't paid PIWP will reach out to the client to come to an agreement to continue payments or to terminate the agreement. If termination take place 50% of the remaining balance is due.