Privacy Policy & Terms and Conditions

1. TERMS AND CONDITIONS

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It will be agreed that the following terms set out the total agreement that will be made between the parties

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The photographer(s) Emilia Jayne Photography UK and

The Client - YOU

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and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. 

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2. THE TOTAL (ALL INCLUSIVE) FEE

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This shall consist of two payments: -

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1. THE BOOKING FEE - 25% OF THE TOTAL FEE

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The Booking fee will be paid within 24 hours of signing the contract and secures the time and services of the Photographer for the shooting assignment and is non-refundable or transferable in the event of cancellation by the Client. It being the agreed loss suffered by the photographer due to cancellation. 

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2. THE BALANCE - THE REMAINING 75% OF THE TOTAL FEE

 

Following payment of the Booking Fee, the Balance of fees due is to be paid in full no later than: -

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28 days prior to the Wedding shoot

14 days prior to any other genre assignment.

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No photographs will be taken until all payments due have been paid in full.

Payment in full for any albums and additional images not subject to the original contract is to be made when they are ordered.

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3. CONTRACT CANCELLATION

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1. BY THE CLIENT

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The Client may cancel this contract at any time by giving written notice to the Photographer but in doing so shall forfeit any monies paid.  Contract cancellation less than

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12 weeks before a wedding shoot, or,

 4 weeks before all other genres of photographic shoot,

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WILL result in the requirement for payment becoming due IMMEDIATELY IN FULL FOR THE TOTAL FEE.  

ALL shooting assignments that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.

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2. BY THE PHOTOGRAPHER

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If the Photographer has to cancel this contract for reasons beyond their control (death, injury, sickness, etc.) the Photographers liability shall be limited to a FULL REFUND OF ALL MONIES PAID. 

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4. DISPLAY 

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The Photographer may display any photographs included in this contract in the Photographers studio, website, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

For the avoidance of doubt, all Copyright in the photographs remains with the Photographer.

UNLESS, the client wishes to purchase the copyright of all images for an additional charge to be agreed between the parties and added to the specific contract.

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5. COPYRIGHT

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Any images or copies of 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 are protected by the Copyright and Design Act 1988.

It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the Photographer in writing. 

UNLESS, the client wishes to purchase the copyright of all images for an additional charge to be negotiated between the parties and added to the specific contract.

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6. IMAGES 

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All image sizes are nominal.

The Photographer will provide a pleasing colour balance at the Photographers sole discretion and cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres.

It is often impossible to match the exact colour as seen by the Client's eyes.

Images will be held for a period of 12 months and will be deleted thereafter to release storage space.

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7. RETOUCHING

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Retouching, digital manipulation and artist finishing is available to the Client as a chargeable optional extra.

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8. REORDERS 

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All reorders shall be treated as a chargeable extension of this contract and no responsibility for error will be accepted unless orders are given in writing 

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9. LICENCE

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The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all of the images requested in the Shooting Schedule.

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10. FORCE MAJEURE

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The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. 

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11. ATTENDANCE

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In the unlikely event of the assigned Photographer(s) being unable to attend your assignment due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your assignment on our behalf to undertake the Photographic Assignment to his/her best ability

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12. LIMITATION OF LIABILITY

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In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance 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

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13. DIGITAL FILES

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Digital files remain the property of the Photographers unless specifically agreed in writing to the contrary (see Display and Copyright above).

Images will be captured in RAW format, but will be converted to JPEG for supply to the client.

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14. PRICES

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All prices are inclusive of the then current rate of VAT (if/as applicable).

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15. COMPLAINTS

 

Any complaints should first be raised by the Client with the Photographer in writing within 28 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall not be final and binding upon either party.