Terms and Conditions - The Photography Emporium

Terms and Conditions

The Photography Emporium Terms & Conditions


By booking with The Photography Emporium you are agreeing to the terms and conditions as set out below. Please read these carefully and if you are in doubt regarding any of the information contained within these terms, please contact us to discuss further clarification at office@thephotographyemporium.co.uk

Deposits

A deposit is required to secure the date you are wanting to book. No booking or pencilling in of a date will take place until a deposit it paid. The deposit/booking fee is non refundable. The Booking fee/deposit secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 12 weeks prior to the wedding will result in the payment in full. All cancellations must be in writing. Weddings 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.

The Photography Emporium operate a first come first served policy and it is not unusual for multiple enquiries for one date to come through, in the event of this happening The Photography Emporium will choose the first enquiry by date. However, if a deposit has been paid and the customer has been securely booked in the diary the first come first served policy will be based on the first person to book and pay their deposit. No liability will be accepted if the customer takes it upon themselves to cancel any previously booked photographers prior to The Photography Emporium contract being signed. Furthermore, if a contract has not been signed then neither parties are liable to any action which may be sought. Multiple bookings are made on the same date due to the fact that we have many photographers who work with/for The Photography Emporium can photograph your wedding. Each photographer works under the same ethos as the company therefore continuity is maintained. At the initial consultation we will show you a gallery of images, there is also a gallery of images on this website and at www.facebook.com/thephotographyemporium – This is our photography style and you should book our services based on our previous work and. We cannot guarantee the replication of images you have found by another photographer on the internet; however, every effort will be made to capture special requests. Payments All deposits paid for any of our photography services are non-refundable. A minimum deposit (booking fee) of £200.00 for wedding packages shall be paid to secure the date and is non-refundable. Booking for any other photography is £50 which is non-refundable. The final balance will be payable a minimum of 4 weeks prior to the wedding. For all other photography sessions, the remainder of the amount owed will be paid on the day. Payment can either be cash or bank transfer or invoice made payable to The Photography Emporium. (bank transfer information can be obtained upon request). If an offer for a £50 booking fee is advertised, then the £50 is additional to the amount of the package you have chosen. The deposit of £200 can be paid at a later date. The date is to be agreed by both The Photography Emporium and the client (normally 30-60 days). If the deposit is not paid on the date agreed, then booking will be cancelled and the date opened for other clients to book. The booking fee is non refundable.

Commercial and Corporate clients will be on a pro-forma basis for the first few shoots, payment will be upfront before any work commences. All payments made are non-refundable should the customer decide to cancel. For example: If the customer decides to pay in instalments and then cancels (even if it is 12 months prior to their wedding for example) all payments will be retained and not refunded. In some instances (and at The Photography Emporium's discretion) the amount paid may be transferred to another event (subject to availability) – If however, The Photography Emporium cannot honour the contract and cancels outside the set terms and conditions a full refund will be given. Special offers From time to time, The Photography Emporium will run special offers which the prices will range from £30-£50. When special offers are offered, the whole amount of the session is required on booking. Special offers are limited to a certain number of spaces and therefore, we endeavour to allow people to book and attend. All our services require a £50 or £200 booking fee which is non-refundable, however due to the special offer shoot costing less than our standard booking fee requirement, the cost of the shoot is to be paid in full. If the appointment is missed or the client has failed to provide a 7 day advance notification that they are unable to attend the said appointment then the appointment is missed the the booking fee is non refundable. Please note that when we run special offers, the places are limited and are booked into a timetable to allow everyone have an appointment. If you are late for such shoots, then the appointment will be classed as missed in accordance with the above terms. All special offers will be advertised as to what they include. Display The Photographer/s may display any photographs included in this contract in his/her, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

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 or digitally the exact colour as seen by the human eye. Any specific image requests will be attempted but cannot be guaranteed due to various unforeseen circumstances out of the control of the photographer. In some instances, “mock” photographs can be arranged. * Weddings only – Images of family members/bridesmaids/groomsmen/even the bride walking down the aisle cannot be guaranteed. There can be many reasons for not capturing these moments for example a. a restrictive venue/vicar/registrar b. the photographer deems it unsuitable to be “in the way” during a special moment. c. a restrictive space d. lighting condition etc. Every attempt will be made to ensure these images are captured but cannot be (like most images) guaranteed. No refunds will be given if certain family members are missed from the photographs. A list is usually drawn up between the client and the photographer and unless these images are specifically mentioned the photographer attending the wedding will not be aware of the client's requirements and cannot be at blame for not capturing the image (however obvious it may seem to the client). The photographer may take more photographs on the day than you receive, this is due to the photographer taking multiple images of the same thing to ensure the correct exposure and or to combat any unforeseen movements and or blinking. In most occasions all the high standard images will be passed on to the client. The Photography Emporium will not send any half-finished and/or deleted shots to the client to ensure professional integrity. If guests take it upon themselves to remove/add items of clothing (for example jackets/hats/shoes) due to them being restrictive and/or due to warm/cold weather, it is not the photographer's responsibility to ensure that they are fully clothed. Any clients removing clothing completely will not be photographed on the grounds of decency. We do try to get images of as many people at your event as we physically can, however it is not always possible to get images of everybody. If you wish to have images of every person at your wedding it is advised that you book a second photographer. . It is at the photographer's discretion as to whether they will take more images and pass them on to the client. In most occasions suitable/usable extra photographs will be passed on to the client. There may be a cost involved in asking for more than the reasonable limit, but this can be discussed should the client wish to. Image Manipulation Images will be edited as agreed prior to the shoot (depending on the client's requirements) to the standard of the edits shown in the photographers’ portfolio. Further edits will be chargeable but not until this has been agreed with the client. For Example: unless otherwise agreed in writing by the client the definition of editing will consist of cropping, contrast alterations and colour alterations only (further edits will be at the discretion of the editing photographer) Due to the complex nature and time involvement, airbrushing is not included in the definition “editing” and will incur a further charge should this be requested after the event. A quote will be formulated prior to an event should the customer wish to have their images air brushed. Please note that that all edited images will be provided to you as agreed in the contract. Orinals on the edited images will not be provided as per the contract. The Photography Emporium will not supply all the orginal images. This is because all images will have to be edited in one way, shape or form. Therefore never orginal. Also, the photographer will take many images throughout the duration or the time you have booked, and also the photographer will take multiple photographs of the same image to make sure that the moment is captured correctly. Reorders All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Photographs will be kept for no longer than 1 year from the date they are taken therefore re-orders of the CD should be made in this period. For photography sessions other than weddings, all digital images will be sent via email via we-transfer. We- Transfer provides us with a notification when the email has been received and the images have been accessed. Upon receipt of the we-transfer notification, The Photography Emporium begins their 30 day holding of your images and on the 30th Day, the images will be removed from our systems and therefore any request for the images to be resent will not be and cannot be completed. Copyright Copyright will always rest with the Photographer, and the photographer may use, with you consent, your images for promotional work. However, we grant you the option to edit your images further on social media outlets such as Instagram, Facebook and the like however once you have edited them after The Photography Emporium has, the our stipulation is that you do not provide information regarding our company as the image will have been edited not in sync with our style or branding. In some instances where photographs have been taken for zero fee’s the photographer will keep the copyright to the images and these will be watermarked.

All copyrighted images may be displayed without prior consent to The Photography Emporium as long as the client ensures that the watermark stays with the photograph. License The Photographer/s 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 the images requested. 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. Attendance

The Photography Emporium has many Photographers who adhere to the same style and ethos of the business therefore, you can be guaranteed that whichever photographer attends your wedding, the photograph style, business ethos, style and punctuality will all be the same. In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. Full day photography time limits will be agreed during the consultation. However, when customers choose to have their first dance captured the contract for photography will extend no further than 9.30pm at the very latest. Should guests at any event not wish to have their photograph taken it is not the photographers’ responsibility to either “talk them into the photograph” or upset them by secretly photographing them in a “candid” style. The photographer will make every attempt to photograph your event, however if for whatever reason this is not possible due to reasons out of the control of the photographer for example. a. the unwillingness of the guests to be photographed b. the venue will not permit professional photography on their premises or c. the venue chosen does not lend itself to capturing photographs (pitch black, very low light, candle light etc) no refunds will be given. However, should the photographer not attend the event without providing a replacement photographer a full refund will be issued We operate a zero tolerance policy and should the photographer/s be threatened and/or intimidated by any guest throughout the duration of the photography session (unless the threat is dealt with by a member outside The Photography Emporium to resolve the issue) the photographer will leave the premises, no further photography will take place and no refunds will be offered. Students/Assistants We may from time to time appoint a student/assistant to aid us during the shoot, any photographs taken by the student/assistant will not be an extension of the contract and the photographs will be used for training purposes only. * in some instances where the student photographer has taken a usable photograph, the image will be edited and passed on to the client.

There will always be a professional photographer on location fulfilling the contract as agreed with the customer at the initial meeting. Second Photographer All photographs taken by the second photographer remain property of the second photographer. Any issues regarding quality and/or refunds should be taken up directly with the appointed second photographer. Details of which will be provided by The Photography Emporium.

The Photography Emporium understand that providing you with a substandard second photographer reflects badly on the company and before agreeing to use a second photographer we insist that they attend at least 4 weddings with us free of charge to prove that their work is to an acceptable standard and their personalities reflect the ethos of The Photography Emporium Throughout the duration of the contract/shoot there will always be a professional photographer in attendance. Second photographers will be there to capture moments which cannot physically be captured by the main photographer (during group/formal shots etc) therefore the images provided by the second photographer will be candid/reportage style.

Limitation of Liability

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. 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. Cancellation less than 12 weeks before the wedding will result in the payment in full. Negatives/Digital Files Negatives / digital files remain the property of The Photographers.

Blinking Should the photographer notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them. Focus will be mainly on the bride and groom. Complaints Any complaints should first be raised by the Client with the Photographer/s in writing within 7 days from the date of receipt of images. Complaints received after this date will not be dealt with. Vouchers and special offers Vouchers can only be used once, and multiple deals/offers cannot be used together. (for example, our 10% off voucher cannot be used in conjunction with our family photography deal) If the customer has bought and payed for a wedding package through Group-on or other similar daily deal websites and they cancel, for whatever reason, their money cannot be refunded. This is due to daily deal websites taking a percentage of the amount paid. However, if for any reason I have to cancel and I cannot source another photographer in time for the wedding, the full amount will be refunded to the customer. Special Offer bookings will not be refunded.

Wedding album & general printing terms All photographs will be placed in the album in a similar way to the image samples within our sample albums, If the customer has chosen to have a consultation with us, the album design will be shown to the customer and a similar layout will be issued. No refunds will be accepted unless the images are unrecognisable and/or there is a substantial issue with the manufacturing quality of the album build. Once an album has been bought and paid for (due to pre-ordering) we cannot accept any cancellations, all albums which have been bought and paid for which are subsequently cancelled will not be refunded to the customer.

All albums will contain between 15 –20 pages (depending on package chosen) and unless otherwise stated will contain 40 to 50 of the customer's choice of images depending on the orientation of the images chosen by the customer (for example more portrait than landscape) there may be less than 15 pages in the album. Should our supplier of canvases and albums go in to liquidation or similar every effort will be made to obtain either the same or similar product which you have paid for. There may be an additional wait for the arrival of your product, but every effort will be made to ensure that a product is delivered.

When we print images you have ordered, small imperfections may become apparent when the image has been enlarged. This is completely out of the hands of both the printing company and the photographer and refunds will not be given if this is the case. Printing defects due to printing processes only will be refunded and/or replaced. Images may have to be cropped; this is completely normal if the customer has requested a crop ratio to a size different to the ratio of the image they have. All crops will be sent to the customer for proofing prior to being sent to print. During the proofing process the customer has a chance to check whether there are any imperfections in the image which may become exaggerated when enlarged.

Prints will look as close to the images you have on DVD/online as possible. However due to differences in TV/monitor screens there may be slight differences in colour, this is normal and would be the case if prints were ordered from The Photography Emporium or any another company.

All prints are in sRGB unless otherwise requested and/or stated If the cost price increases during this time there will be no further charges, however if the album is ordered after the deadline and the supplier increases their cost price there may be a further charge to the value of the increase. Family shoot terms (and vouchers)

All photographs deemed usable by the photographer will be edited and passed on to the customer, this usually consists of up to 30 images (in some cases a few more or less maybe usable). Full copyright will be given to the customer for personal use only. Home visit family photography will be charged either via invoice pre-shoot or cash on the day of the shoot, any cancellations up to 48 hours prior to the shoot will be liable for the payment in full. Family shoots are limited to parents and children (for example mother father son and daughter only) If a customer invites other members of the family (i.e but not limited to: cousins, neighbours children, in-laws, parents etc) there will be a further charge to the value of the initial shoot payable up front and/or £10 per extra body.

Vouchers are valid for a period of 3 months from the date of purchase and cannot be redeemed for cash. A refund will not be given if the customer changes their minds. There may be a charge for fuel should the family shoot be a distance from the studio or on a location of the client's choice.

The Photography Emporium working as a sub-contractor.

If a contractor has hired the Photography Emporium as a sub-contractor and The Photography Emporium are acting as photographers for said company, then liabilities revert to the contractor. Once the said contact has expired, The Photography Emporium will hold images for 1 month and then the images will be removed from all systems at The Photography Emporium. Clients of the contractor have said time period to obtain the images, if contact is not made within that time period, then The Photography Emporium will not be able to assist any further. 30 days is the maximum time period of which images are stored on our systems. Short photography session terms The Photography Emporium from time to time will visit schools, baby groups and similar offering a 10/15-minute photo session against a white backdrop for a small fee. We will edit and pass on up to 5 images on CD/DVD for you to do with what you wish. However, there will be a charge of £10 (per image) should the client wish to have an image air brushed/edited differently. We may take more images than you receive, this is due to the photographer taking multiple images to ensure a suitable image is captured to pass to the client. The “unedited/test/unusable images will be deleted and not passed on; this is to retain professional integrity. If you do wish to have more images it is suggested that you book a separate session with the photographer at an alternative time that suits you and your family. All the images will be kept for a maximum of 1 month, after this time no further edits/duplication of the CD/DVD will be available. The CD/DVD’s passed to the client should work in all laptops and home computers, they may not always work in DVD players, however if you have any issues with the CD/DVD on your computer (not showing images/blank CD/DVD etc) please get in touch and we will be more than happy to send over a second CD/DVD free of charge. (All images will be presented in JPEG format)

Insurance

The Photography Emporium are fully insured for public liability and professional indemnity, if you wish to see a copy of these documents please contact us and we will be more than happy to provide an up to date copy of our policy.

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