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) You have 30 days from the date of your booking fee being paid (booking fee is 20% of total contract value) to cancel. Your date will then be offered to other clients. 50% of your booking fee will be returned in this event, the remainder is an admin fee for cancelling the invoices, contract, carrying out refunds and re-advertising the date.
[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 you booking. Please pay the final invoice on time or I take it as a breach of contract and will undertake proceedings to enforce payment.]
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 thats 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 stuff 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 event 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 booking.
c) It is your responsibility to inform the Photographer of changes to address, date, location etc
[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 archive and stuff. If you move address and don’t tell me – it’s your fault. If you 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 set ups for photographs to the clients and it is assumed the client accepts liability for those photographs should the client agree to the photographers request.
c) The client accepts liability for the photographer/s health and safety whilst the photographer/s are working in client premises or on the client’s behalf at other locations. 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 locations 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
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 cancelation charges will apply:
Less than 28 working days prior to the booking date stated in Page 1 – 100% the of balance outstanding.
29 – 84 working days prior to the booking date stated in Page 1 – 50% the of 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. Working hours are defined 0800hrs – 1700hrs
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.
[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 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.
c) The photographer(s) must be notified either by telephone or email 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.
[WHAT THIS MEANS: If you change something make sure you get an “Ok” from me vial 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
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.]
17. 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.
19. Delivery time frames
Secure online gallery of photographs 14-21 days
Delivery of USB memory stick with photographs 14 – 21 days
Prints 14 – 21 days
Canvas Prints 14 – 21 days
Printed Wedding Albums & Parent Books 6-10 weeks after sign off from yourselves
20. 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 request.
21. 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; where this is not possible a charge may be requested for removal of these distractions.
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.]
22 Detailed Scope of Work
This section will contain sthe detailed Scope of Work
***** The General Terms and Conditions placed online are subject to change without prior notice ****