Terms of Service
Terms and Conditions
1. By paying a deposit you agree that the terms set out below are the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
2. Special Requests / Coverage
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.
3. Any special requests not notified on this booking form must be made by the client to the photographer/s in writing.
4. The Photographer
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer (e.g. due to ill health).
5. Images
All image sizes are nominal. The photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film exact colours as seen by the human eye.
6. Retouching
Retouching, digital manipulation and artist finishing is available to the client as an optional extra.
7. Copyright
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/s in writing. If the master discs are purchased this gives the client license to reproduce images but they cannot be re-sold or exhibited on websites etc.. It is the bride and groom’s responsibility to inform relatives/guests if they intend to provide prints to guests, as re-print orders placed/paid for cannot be refunded
8. Licence
The photographer/s shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer/s judgment regarding the locations/poses and number of images taken shall be final. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the images requested.
9. Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
10. Previews
Although the photographer will do his best to produce more proofs/preview prints than set out in the brochure as discussed with the client, there is no guarantee that any number of proofs/preview prints will be produced. If a Wedding Book is ordered a proof is offered to the client. Up to 2 minor changes are free of charge, but any more changes required over this may be subject to a £50 design fee at the discretion of the photographer.
11. Display
The client hereby allows the photographer/s to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions and advertising. No use of the images will be made by the photographer/s for other commercial reason except with the written permission of the client.
12. Cancellation
The client may cancel this contract at any time by giving written notice to the photographer/s but in doing so shall forfeit any monies paid. Should cancellation be received by the photographer/s less than 8 weeks prior to the date of the ceremony the client shall in addition pay a sum equal to the remaining contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer/s would suffer.
13. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any circumstances 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.
14. Complaints
Any complaints shall be raised by the client with the photographer/s in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
Web Site Terms And Conditions Of Use
1. Terms – By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions Of Use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use – License Permission is granted to temporarily download one copy of the materials (information or software) on the 123 Photography web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not modify or copy the materials, use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the 123 Photography web site, remove any copyright or other proprietary notations from the materials, or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by 123 Photography at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer – The materials on the 123 Photography web site are provided “as is”. 123 Photography makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, 123 Photography does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations – In no event shall 123 Photography or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the 123 Photography site, even if 123 Photography or a 123 Photography authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata – The materials appearing on the 123 Photography web site could include technical, typographical, or photographic errors. 123 Photography does not warrant that any of the materials on its web site are accurate, complete, or current. 123 Photography may make changes to the materials contained on its web site at any time without notice. Leeds Wedding Photographer does not, however, make any commitment to update the materials.
6. Links – 123 Photography has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 123 Photography of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use – Modifications. 123 Photography may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law – Any claim relating to the 123 Photography web site shall be governed by the laws of the State of United Kingdom without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.