1.1 In the following Terms and Conditions:
(a) “Business” shall mean Jeff Sham Photography;
(b) “Client(s)” shall mean “You”;
(c) “Event” shall mean the event to which the Contract applies;
(d) “Photographer(s)” shall mean the photographer(s) acting on behalf of the Business;
(e) “Products” shall mean any images, USB drives, wedding albums or other items listed in the Contract;
(f) “Services” shall mean photography to be carried out at the Event and any other services agreed and set out in the Contract.
1.2 It is agreed that the following terms and the Contract, set out the entire agreement made between the Parties, and that no variation or modification of the Contract shall be effective unless agreed by both Parties in writing.
2.1 Where a booking fee applies to the Event, such as a wedding, a sum of £150 is payable on booking (deducted against the final balance). This may be refunded up to one month after the date of booking, but is not refundable thereafter in the event of cancellation by the Client(s).
3.1 Any balance is payable two months prior to the Event (or as otherwise agreed by both Parties). In the event of cancellation by the Client(s), this is non-refundable unless the Business is able to book another event on that date.
3.2 Failure to make payment by the date stipulated may result in cancellation.
3.3 Payment for any additional Products must be made at the time of order.
3.4 No photographs or Products will be delivered until all payments have been received in full in cleared funds.
3.5 Where payment is to be made by a third party, the Client(s) acknowledges that they shall remain responsible for any balance outstanding in respect of the Contract.
3.6 There is no charge for travel up to 30 miles from the base location of the Photographer(s). Beyond this, travel is charged at cost only. Traveling time between locations during an Event is included in any time allowance and coverage agreed.
3.7 Should coverage extend beyond any agreed time allowance, a charge will be levied to the Client(s) to the sum of £125 per extra hour (or part thereof).
3.8 All prices displayed are correct at the time print and are subject to change at the discretion of the Business.
4.1 Where the Photographer(s) has to cancel the Event, due to circumstances beyond their control, the full amount of the booking fee and any further payments received will be returned to the Client(s).
4.2 Where it is possible and practical, a re-shoot may be arranged, however the Business will not be responsible or liable for any additional costs incurred by the Client(s).
4.3 Should the Client(s) wish to cancel this contract at any time, notice of cancellation must be given in writing to the Business. In such circumstances, the booking fee and remaining balance will be subject to forfeit or refund as per the conditions set out in the Booking Fee and Payments sections.
4.4 Where an Event is postponed, notice of postponement must be given in writing to the Business along with the new date. The postponement will be treated as a cancellation in accordance with the above terms unless the Photographer(s) can accommodate the new date - in this case, the Contract will be transferred to that new date instead.
5.1 The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the requirements of the Client(s), the judgement of the Photographer(s) regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
5.2 For Events involving a church ceremony or at certain other venues, the movements of the Photographer(s) are sometimes restricted by the minister or official in charge; photographing of parts or even all of the Event may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
5.3 During the Event, the Photographer(s) will automatically retake any photograph where they have seen that someone has blinked, but it is impossible to guarantee this - the more people in the photograph, the more difficult it is to see.
5.4 Whilst the Photographer(s) shall endeavour to fulfil the requirements of the Client(s), the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain requested photographs.
5.5 The final selection of photographs delivered will be entirely at the discretion of the Photographer(s) - not all photographs taken will be delivered.
5.6 Any alterations made to the Contract by the Client(s) once details have been confirmed, may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of date, time, or location), the Business is not liable to compensate the Client(s) in any way whatsoever.
6.1 All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
6.2 Due to limitations of computer monitors and digital displays and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each display and that prints may not match images rendered on any particular display.
6.3 Where images are made available for use on a USB drive, reasonable steps are taken to ensure compatibility, but the Client(s) acknowledges that USB drives may not be recognised on all devices, including and not exclusive to computers.
6.4 Each USB drive is checked prior to delivery. However, it remains the responsibility of the Client(s) to check for damage in transit. The Business cannot be held responsible for damage to equipment resulting from defective media.
7.1 Retouching, digital manipulation and finishing shall be preformed by the Photographer(s) at their discretion and to their style. Any additional work requested by the Client(s) may be available at an additional fee.
8.1 All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
8.2 Reorder print prices are those ruling at the time of placing the order, with payment requested at the time of placing the order. Sizes of prints quoted are approximate.
8.3 Online galleries will remain live for a minimum of 6 months.
9.1 In the event that Products are no longer available a suitable alternative of similar quality will be offered.
10.1 A licence agreement will be assigned to the Client(s) for appropriate use.
10.2 Any images or copies of images whether stored digitally or otherwise, are protected by the Copyright and Design Act 1988 and remain the copyright of the Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s), except for under the terms of your licence agreement.
10.3 All Products shall remain the property of the Business until full payment is received.
11.1 The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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.
11.2 The responsibility of the Business (including its agents or servants, such as the Photographer(s), processing laboratories, postal and delivery agents) to compensate the Client(s) in the case of any negligence or breach of Contract is limited to the total value of the Contract.
11.3 Neither Party shall be liable for any indirect or consequential loss.
12.1 The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attends an Event to perform the Services and the Client(s) fail to attend.
13.1 It is the responsibility of the Client(s) to ensure the co-operative behaviour of subjects at the Event. Should the Photographer(s) feel unsafe at the Event or be subject to abuse and the Client(s) cannot control or prevent the situation, then the Photographer(s) is entitled to advise the Client(s) of that situation and leave without forfeit on this Contract (eg drunk/abusive guests at a wedding).
14.1 In the unlikely event that the assigned Photographer(s) is unable to attend your Event due to unforeseen circumstances, the Business reserves the right to appoint another suitable Photographer(s) to attend the Event on the Business’ behalf to undertake the photography to their best ability.
15.1 The Business reserves the right to use the photographs taken at the Event for display, promotional and any other purposes, including but not limited to competition, advertising, marketing, websites, and social media. Should the Client(s) object to this, notice of objection must be given in writing to the Business.
16.1 All complaints should be raised by the Client(s) directly to the Business in writing within 14 days of the occurrence which gives rise to the complaint. The Business will consider the complaint and shall provide a response to the Client(s) within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client(s) may request The Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
17.1 The Parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Updated: December 2019