General Terms and Conditions of booking Andrew Miller Photography
The contract is in force from when you pay your booking fee with the intention of paying Andrew Miller Photography for photographing your wedding on your chosen date. You are required to return the contract date and with both partners signatures. Failure to return the signed contract does not, however, invalidate the contract nor absolve you from the acceptance of the Terms & Conditions laid out in it.
General Terms and Conditions
Sections 1 & 2 contain biographical and venue information on your photography session be that a wedding, baby or lifestyle family session etc.
The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). “The Photographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “license to print.”
[WHAT THIS MEANS: You allow me to use your images for my marketing. I promise NOT to use images of you that may be embarrassing or that will cause you upset.]
The client is not authorised to copy and/or pass any photographs or derived products to any third party person and/or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer). This includes other vendors booked by the client for his or her wedding.
Please don’t give my images to any of your wedding suppliers without asking my permission first. The copyright of those images belongs to me; I give you a personal license to print and use for non-commercial use only.]
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).
[WHAT THIS MEANS: You allow me to use your images for my marketing. I promise NOT to use images of you that may be embarrassing or that will cause you upset.]
5 Licenses, Coverage and Reproduction
a) The Photographer(s) shall be granted the artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct. The Photographer will not be held liable for photographs that do not, for whatever reason, meet The Photographers quality criteria and are not shown to the client.
b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements. It will be at the Photographers discretion if any slideshow (either via laptop or projector) is displayed and will depend on a risk assessment (health & safety and theft of equipment) being carried out.
c) The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.
d) For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.
e) For a wedding or other event booking, the photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
f) Where the client provides a list of photographs to be taken it is incumbent upon the client to ensure the list is in an order that is logical and manageable. The photographer will follow the list “as is” without deviation. Clients are advised to think carefully about any photograph list. (Please see your welcome pack for a suggested list.)
g) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
h) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
i) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colours may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
j) Due to the limitations of computer monitors, it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.
k) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s). Print sizes are at a ratio of 1:1.5. Other ratios for photographic print sizes may require re-sizing by the client at the time of ordering.
l) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
m) Where images are made available for use with a personal computer the default operating system shall be latest Apple Mac OS X and Microsoft Windows operating systems. Products may not function on other or earlier operating systems.
n) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.
[WHAT THIS MEANS: I can’t be in every single place at every time. I may miss something. I may not be allowed to photograph something. I make the final decision on locations, content, poses, style etc of the images. If you provide a list I will stick to it so be careful what you wish for. Printing at Tesco’s may not look as good as printing done by me. I photograph for 6″ x 4″ prints and in that ratio. I’ll make sure that my camera kit works – but occasionally sh*t happens and I can’t be held responsible for that.]
a) All standard photographic services and optional extras specified in this contract and paid for in full before the wedding are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included in the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-UK addresses.
c) Travel expenses (other than specified in the contract summary) need to be covered at full cost before the journey takes place.
[WHAT THIS MEANS: Price is fixed from the time of paying the booking fee. If it’s not included in the contract and it costs extra – you pay.]
7. Payments – General Terms and Conditions
a) A booking fee for the amount specified in your contract summary (paid by cash, cheque, credit/debit card or online bank transfer) along with a completed contract will confirm your booking. The booking fee forms part of the total cost of your Package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The booking fee secures the photographer’s services for the day and is non-refundable in any event.
The photographer will decline any other enquiries for the date upon receiving this fee. The booking fee is payable within 5 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking.
b) The photographer will send out final invoices by email 6 weeks prior to your wedding date.
c) It is the client’s responsibility to ensure payment for any outstanding balance is paid in full NO LATER THAN FOUR WEEKS prior to the contracted date.
You MUST allow sufficient time for cheque clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s)
d) Failure to pay four (4) weeks before the date of your wedding will be deemed a breach of contract and result in The Photographer not attending your wedding.
e) All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high-resolution long-term galleries, and any other services ordered after the event.
f) Title to all goods remains with Andrew Miller until paid for in full by the client(s).
g) All the cheques should be made payable to Mr Andrew Miller
h) A discount of 5% on the total balance if available if payment in full is made within 28 days of the booking being confirmed.
i) A deferred payment option is available if required. Under this option, you pay the final 25% of your wedding balance up to three months after your wedding or when you order your wedding album whichever is sooner. (Please note that until the final 25% is cleared no products will be sent out i.e. CD’s etc.). Please ask for more details.
[WHAT THIS MEANS: The booking fee confirms you date. The booking fee is NOT refundable in the event of a cancellation. Please pay the booking fee promptly or you could loose your booking. Please pay the final invoice on time or I take it as a breach of contract and I won’t turn up.]
Any complaints must be received in writing within seven (7) days of receipt of products purchased (including digital products). This includes photographs, discs, albums, frames and any other special services that have been agreed.
[WHAT THIS MEANS: Let’s talk before getting all legal about this. However, if you do want to get legal that’s your legal right. It’s just costly in terms of money and time and emotions. I’m insured so my insurance will cover all this for me. I’d prefer to sort it out over a cup of tea or a pint or a pizza.]
9. Force Majeure
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding etc).
b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 9a). However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
[WHAT THIS MEANS: Sh*t happens. I’ll do my best to photograph your wedding but if I’m dead, in a coma or prison (and it’s not may fault) etc then I’ll refund 100%]
10. Liability for Digital Files and Products
a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 months from the wedding date at one site.
b) Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
c) All orders should be placed with the photographer(s) before the end of a 6-month period starting at the wedding date unless otherwise agreed in writing. The photographer(s) will not be liable for failure to produce any orders placed after this time.
d) Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 6 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer(s) and forwarded by standard Royal Mail to the last known address of the clients.
e) It is your responsibility to inform the Photographer of changes to address.
Additional reproduction and postage charges will apply if you do not inform the Photographer of your change of address.
[WHAT THIS MEANS: If you lose your photographs then I may charge for a digital copy. It takes me time to get the files from the archive and stuff. If you move address and don’t tell me – it’s your fault. If your album goes to the wrong address – it’s your fault. Talk to me! ]
11. Liability for Clients Personal Effects / Belongings
a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s for any reason. Any items left with The Photographer/s are left entirely at your own risk.
b) The photographer/s may suggest suitable and reasonable particular setups for photographs to the clients and it is assumed the client accepts liability for those photographs should the client agree to the photographer’s request.
c) The client accepts liability for the photographer/s health and safety whilst the photographer/s are working in client homes. (This includes but is not limited to the homes of family members). Where the photographer/s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the photographer/s will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the photographer/s reserve the right to leave immediately without further notice.
d) The client will advise any other venues that they are responsible for the photographer/s health & safety and the photographer/s will take all reasonable and sensible precautions whilst on the premises of other suppliers/venues etc.
[WHAT THIS MEANS: If you give me something to hold I’m not responsible for the contents AT ALL. Period. Full Stop. It’s your stuff – you look after it.]
12. Cancellation Fees, date and package changes
All clients have the option to cancel within 7 days from the date of booking, even if the booking fee has been paid. As per Section 7, the booking fee secures the photographer’s services for the day and is non-refundable in any event, although a credit note towards products and services offered by the photographer may be applied to the client if they request this in the event of a cancellation.
a) If The Client(s) should have to cancel a booking, the booking fee and any other fees already paid cannot be refunded and the following cancellation charges will apply:
Less than 28 working days prior to the wedding date stated in Page 1 – 100% of the balance outstanding.
29 – 84 working days prior to the wedding date stated in Page 1 – 50% of the balance outstanding.
All notice to cancel must be given as soon as possible; a telephone call (including voice mail) is acceptable to inform The Photographer as soon as possible; however this needs to be confirmed in writing (e-mail is not acceptable under these circumstances) and sent registered post to the address listed on the last page.
A working day is defined as Monday – Friday.
b) The Client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
c) The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.
[WHAT THIS MEANS: Pay on time. My Bank Manager doesn’t take excuse from me and to be fair I shouldn’t have to take excuse from you.]
13. Placing an Order and Receipt of Goods
a) Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
b) The main wedding image print order may take up to eight weeks to complete. Allow 28 days for delivery of other orders. Where you choose to design your album through Andrew Miller you will be notified of the estimated completion date on a case-by-case basis.
c) The photographer(s) must be notified either by telephone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.
d) Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
[WHAT THIS MEANS: If you change something make sure you get an “Ok” from me via email.]
Andrew Miller Photography may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
[WHAT THIS MEANS: I won’t sell your information to anyone…]
15. Governing Law, General Terms and Conditions
a) Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
b) You agree to the Terms & Conditions of this contract once your booking fee has been paid.
[WHAT THIS MEANS: We use Welsh courts or English Courts.]
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situation arising.
[WHAT THIS MEANS: If your wedding venue goes up in flames you still have to pay me If you break a leg and want to postpone you still have to pay me. You still have to pay all the other suppliers as well. Wedding Insurance pays this instead of you. Get Wedding Insurance.]
17. Meals and refreshments
a) Provision must be made with your venue to provide the photographer(s) with a meal (sandwiches are acceptable) during the wedding breakfast (this is not usually taken with your guests as the photographer has important duties to perform during this period).
b) Where coverage includes up to mid-evening then a second light meal should be available. Where coverage has been agreed to include a photographer’s assistant then the same conditions apply for this individual.
Where meals are not provided the photographer/s may not be available when you need/want them due to them taking lawful breaks away from your wedding area.
[WHAT THIS MEANS: If you don’t want to feed me – fine. I’ll nip to the local shop / supermarket or use the restaurant at the venue. I’ll then pass the bill for that to you. I may also not be around when you want me as I’ll be at the shops. I work 12+ hours at your wedding. Be nice to me!]
18. On the day
a) The photographer is the only authorized photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.
b) The photographer is contracted to shoot all photographs relating to the event and no other person is permitted to shoot images for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors e.g. a videographer may not shoot stills other than a small quantity to illustrate the video packaging. Breach of this condition shall be deemed cancellation of the contract by the clients.
c) An inconsiderate guest can wreck the photographic record of your special day. Coverage may be cancelled without warning at the discretion of the photographer if the photographer feels threatened or has reason to believe that equipment may be damaged or stolen.
d) The Photographer will stay with The Client(s) during the day for the duration of the contractual attendance as laid out in Section 24
[WHAT THIS MEANS: I’m THE ONLY PHOTOGRAPHER. No one else. No the DJ. Not the video guy. Not the photobooth guy. Me. Guests are fine – other suppliers are not fine.]
19. Delivery time frames
Online gallery of wedding photographs 14-21 days
Delivery of USB memory stick with wedding photographs 14 – 21 days
Prints 14 – 21 days
Canvas Prints 14 – 21 days
Album draft 14 days from receiving your wedding photograph choices
Wedding album changes 2 weeks per round of changes
Printed Wedding Albums & Parent Books 6-10 weeks after sign off from yourselves
During summer wedding season please allow 5 days extra for busy periods; although we will attempt to meet the 3 weeks maximum for delivery of your wedding photographs.
[WHAT THIS MEANS: Royal Mail!.]
20. Dead Weddings
You have 4 months from the date of your wedding photographs being online to choose your favourite wedding photographs for your wedding album and send those to Andrew Miller Photography.
After the 4 month period, the studio will make its choice of wedding photographs from your wedding, design your wedding album, print your wedding album and deliver your wedding album.
[WHAT THIS MEANS: Choose your photos quickly for your album and you will get your album quickly. Delay in choosing and you won’t get me working harder to get your album to you. Even if you moan on Twitter or Facebook etc. It’s YOUR responsibility – not mine.]
21. Replacement Products
Where the client/s wedding package includes copies of all edited images (wedding or pre-wedding) for personal use on either a CD-ROM / DVD or USB Memory Stick client/s are advised to make a backup copy.
Reproduction of such images will incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of the request.
22. Album Design
Every effort will be made to accommodate specific requests for album design and layout by the client/s, however, the final artistic decision lies with the photographer.
20 changes can be made to the initial wedding album design at no cost.
Thereafter a charge of £10 per requested change to the wedding album will be accrued by the client/s.
The album will not be sent to print unless any outstanding balance from the changes have been settled and the Album Print Sign-Off form returned.
[WHAT THIS MEANS: Think about your album choices. If you can’t make a decision it will cost you money..]
23. Image Manipulation
The Photographer will apply a range of standard image manipulation techniques to the client/s wedding photographs. This includes, but is not limited to skin smoothing, eye brightening, sharpening and Black & White and /or Sepia conversions.
The client/s shall not be charged for the removal of features that are not normally present. This includes but is not limited to items such as stress spots, cold sores and shaving/heat rashes.
Image manipulation for reasons of “digital cosmetic surgery” will be charged a rate of £65 per hour or part thereof. This includes but is not limited to tattoo removal, tan line removal, enhancements or reductions to the natural figure.
Wherever possible the photographer will attempt to avoid distractions in the background; however, the nature of weddings and wedding photography makes this hard to achieve this 100%. Where this is not possible a charge may be requested for removal of these distractions. These include, but not limited to, fire escape signs, wall sockets, plug sockets, other guests, venue staff, blemishes on the walls of venues/churches / locations.
The photographer reserves the right to refuses requests for any photo manipulation where, in the opinion of the photographer, the requests are excessive.
[WHAT THIS MEANS: Unless you want to pay me £65 per hour for photoshop work (which is about 2 photographs worth) then just accept that you will have the odd blemish, roll, curve etc. Tattoos are YOUR responsibility to get hidden not mine. If the makeup wears off invoice the MUA for my time.]
This section will contain specific examples of your chosen collection