Terms & Conditions | Booking

Wedding Photography
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A. The Client

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​Hereinafter referred to as ‘Client’, ‘you’ and ‘your’.

B. The Photographer

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Hereinafter referred to as ‘Photographer’, ‘Photographers’, ‘we’, ‘us’, and ‘our’.

​C. The Event

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D. Services & Products

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E. Payment Schedule

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F. Terms & Conditions

This document lays out the agreement made between the Client outlined in Section A and Photographer outlined in Section B, relating to Client’s wedding outlined in Section C.

1. Exclusive Photographer

Photographer shall be the exclusive photographer retained by Client for the purpose of photographing the wedding day. Family and friends will be permitted to photograph at the wedding as long as they do not interfere with the duties of Photographer, and additionally, may be asked not to take pictures while Photographers are posing the couple, bridal party, or families. This is to avoid any distraction of the couple or other subjects during the photographic sessions.

It is understood that Photographer is the exclusive official photographer retained to perform the photographic services outlined in this contract.

2. Service, Fees & Payment

Client is hiring Photographer to provide the service outlined in Section D, and agrees to make payment according to the schedule outlined in Section E. Client may be required to pay a non-refundable reservation fee to secure the services and products specified herein, which serves as basic compensation for the costs of preparation and reserving the date against other enquiries, and is not a deposit. ​Upon signing this contract the amount of this fee shall be applied to reduce the total balance of the package. Upon acceptance of this fee along with this signed contract we agree to commit exclusively to you for the specified date and time.

If you fail to make a payment due date and don’t respond to at least two emailed reminders Photographer reserves the right to consider the booking or order as cancelled by you and invoice for cancellation fees and related expenses. ​

In addition to the agreed package fees, with respect to Events outside of London the Client may also be charged the following expenses that only become clear after booking: accommodation and travel; vehicle hire; parking fees; basic sustenance. We reserve the right to charge such expenses on an itemised invoice delivered before or after the Event.

3. Cancellation or Postponement

If Client should cancel the Event for any reason the reservation fee will not be refunded and further fees may be payable as outlined below​. If cancelling this contract Client must notify Photographer in writing. To consider a date change, Photographer must first receive a written release of the current contracted date, which will null and void this written contract. If Client needs to change the event date, all monies paid may transfer to the new date per a newly written and signed contract at Photographer’s discretion and if that date is available for Photographer. The new date must be within six months of the original date or the new contract will be subject to Photographer’s current rates. If the new date is unavailable with Photographer, the contract will be cancelled and the reservation fee will not be refunded.

The minimum cancellation fees payable by the Client will depend on the number of clear days between the date of cancellation and the date of the Event:

56 days notice or more: the value of the reservation fee, plus travel & accommodation expenses owed or paid by Photographers
28 to 55 days notice: 75% of the booked package value
27 days notice or less: 100% of the booked package value
For the avoidance of doubt: written notice of cancellation submitted on Saturday 1st for an event on Saturday 29th constitutes 27 days notice, not 28.

With respect to the cancellation payments based on the booked package value, Photographer will deduct from this amount the value of any products included that have not already been produced or irrevocably assigned, such as bespoke albums.

We may cancel the booking with written notice for any reason, including but not limited to: if we are prevented or hindered from carrying out our obligations under this contract due to a Force Majeure Event; if you become insolvent or enter into liquidation/receivership; or if you breach this agreement. If we cancel we will refund all money paid and offer to suggest alternative service providers, with no further liability to any party.​

4. Copyright, Reproductions & Model Release

Photographer shall own the copyright for all images created at the event and shall have exclusive right to make reproductions. Photographer shall only make reproductions for Client or for Photographer’s portfolio, studio samples, self-promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Photographer shall not do so without first obtaining written permission from Client.

It is a violation of copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Client agrees to purchase prints and products directly from Photographer unless in possession of high resolution digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer.

Client understands and agrees it is their responsibility to inform Event attendees, and their guardians in the case of minors, that by attending they give their permission to be photographed by us in accordance with the terms of this agreement. Client agrees not to hold Photographer liable for any effect on coverage caused by any attendee objecting to being photographed.

5. Client Usage

Client is obtaining photographs for personal use only and shall not sell prints or authorise any reproductions by parties other than Photographer. If Client wishes to submit images to publications, including but not limited to wedding magazines or blogs, Client must seek written permission from Photographer. In such event, Client shall request that the publication credits Photographer with the images used, but Client shall have no liability if the publication refuses or omits to do so.​ Further usage of images that Client receives in the online galleries is outlined in Section 6, below.​

6. Release of Digital Negatives

Photographer will release the edited high-resolution files (digital negatives) from the Event and other pre-wedding/post-wedding events (ie Rehearsal Dinner Coverage, Portrait Session) to Client. Additional and/or replacement copies of these files may be purchased on request.​

These files will be delivered via online gallery zip file download. By releasing the high resolution files, Photographer authorises the Client to use the images contained in the online gallery or zip file links for their own personal use, including printing of the images at a lab of Client’s choosing, and uploading for sharing on the internet. Photographers are not responsible for the quality of reproductions of these files that have been produced by anyone other than Photographer or Photographer’s preferred lab. The images may not be sold or published without the written consent of Photographer. Photographer will retain the copyright of the images contained on the online gallery as well as the exclusive rights detailed in ‘Copyright, Reproductions & Model Release​.’

Client agrees to properly store and backup all digital negatives they receive. Photographer cannot guarantee the availability of replacements beyond the date of first delivery. Client is aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable, and releases Photographers and our contractors and representatives from any liability for any claims, damages, or costs, arising from any media supplied by us becoming unusable once in Client’s possession.​

7. Failure to Perform

If Photographer cannot perform this agreement due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, then Photographer shall return all monies paid, including reservation fees, and shall have no further liability with respect to this contract. Photographer will make a best effort to find a replacement photographer who is determined to be of equal or greater skill and value, however Photographer is not required to do so. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event that Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the value of Client’s package. Neither party shall be liable for indirect or consequential loss.​

8. Photographer Substitution

In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Photographer which precludes Photographer from performing the duties of coverage, Photographer will attempt to arrange for a substitute photographer of high qualification, per Client approval of said photographer. Client and Photographer both assume the risks and dangers of Photographer’s travel and if the extremely unlikely event that a last-minute act of nature or travel disaster occurs while Photographer is en route to the event, Photographer will refund the client all monies paid, including the reservation fee.

9. Standard Price List

The fees in this contract are based on Photographer’s standard price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested.

10. Final Images and Prints

Final Images and Prints are individually edited for colour correction, contrast adjustments, tonal adjustments, colour enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, and albums. Additional modifications and enhancements are billed on a case by case basis. Turn around time is generally 30 business days for editing and delivery of the online gallery.

While we adhere to the highest standards possible with respect to photographic materials, you are aware that colour dyes in printed photographic materials may fade or discolour over time due to their inherent qualities, and release us from liability of any claim based upon fading or discolouration due to these inherent qualities. If changes occur to any photographic materials supplied by us, which are greater than normal fading and discolouration, the materials will be replaced at our discretion. You release us from liability for any claim based on the enlargement of images beyond their native resolution and dimensions; or enlargement of images within their native resolution which accentuates perceived imperfections present in the original digital images. We are not responsible for the quality of any prints made at your own choice of lab, or the quality of images that have been altered by a third party.​

11. Officiant and Venue Restrictions

Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of Photographer. Client agrees to release Photographer from any liability for the impact such guidelines or rules may have on the resulting photographs.

12. Requested Photographs

While Photographer will make every reasonable effort to take specifically requested photos, Client understands that a wedding is an uncontrolled event and that due to the varieties of factors including but not limited to the weather, available light, venue or officiant restrictions, event timings, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.

13. Artistic License

Photographer shall be granted full artistic license in relation to framing, poses, locations, curation, and post-processing style.​ Any requests to alter images or retrieve additional images may be billed at our current rates, and we cannot guarantee that any requests will be possible. Photographer will not be held responsible for a lack of coverage caused by the following reasons: The bride, groom, family or wedding party not being on time, members of the wedding party or family being unavailable when called on for a posed photograph, the wedding running late, unsuitable weather conditions, or if restrictions regarding photography at the desired location of the wedding are in force.

14. Event Food Service

For events 6 hours and longer a meal should be provided by Client for Photographer and their additional photographer(s) and assistant(s). If no meal is provided Client understands and agrees we may leave the Event to purchase a meal and will be unavailable for photography during this time. Further, Client will not hold Photographers liable for any effect on coverage caused by the time and location that our meal is served.

15. ​Product Design & Turnaround

When an album has been ordered we will create an initial draft layout and you have one free round of alterations to swap, add or remove photos within the design. Once layouts have been sent for printing no further adjustments can be made. If we do not receive final draft approval from you within two calendar months of the last draft submission date and our album prices have risen due to fluctuation in production costs we reserve the right to charge you the difference before submitting the album for production. We are not liable for any effect of our suppliers changing their pricing or product line before submission. No products will go into production until we have received payment in full for the product. Product turnaround times depend on the vendor and we cannot guarantee any particular delivery date. We are not responsible for any production or delivery delays outside of our control.​​

16. Cooling Off Period & Complaints

All product orders are customised and non-refundable, and cannot be cancelled once work commences. When placing a custom product order with us you are committing to buy and do not have the right to a cooling-off period. Any complaints about a deliverable item should be raised with us in writing within fourteen days of receipt of the item as after this time replacements or refunds may not be possible due to our suppliers’ own terms and conditions. We are not liable for errors in the finished product that were present during your approval. ​

17. Shipping and Handling

Shipping and handling fees are within the UK are considered included in all package and product pricing. Any deliveries outside the UK may be charged additional shipping and handling fees on a case by case basis.

18. Additions and Subtractions

Photographer and Client agree that Client shall have the option of making additions or subtractions to the list of ordered products and services, listed in Section C, which may change the total balance. Such requests should be made as early as possible, and we cannot guarantee that any request will be possible. ​Where coverage is added Photographer will charge for the additional coverage at their current prices at the time of the request. Where coverage is subtracted Photographer reserves the right to not subtract any coverage fees as Photographer accepted the booking on the basis of the original duration.​ Where products are added or subtracted the stated price for these products shall be the actual amount added or subtracted. No other penalty shall be charged in the event additions or subtractions are made, unless both parties agree to such extra charges or if Photographer can demonstrate that it will be materially affected or prejudiced by the proposed addition or subtraction of products.

19. ​Insurance & Indemnity

We maintain public liability insurance to protect you from claims for accidental damage we may cause in the course of fulfilling our obligations to you on the booked date. Certification of insurance is available upon request. We agree to indemnify you against all expenses, damages, claims and legal costs arising out of any failure by us to obtain any clearances for which we were responsible in respect of third party copyright works, trade marks, designs or other intellectual property, however we shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before signing this agreement. In all other cases you shall be responsible for obtaining such clearances and will indemnify us against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. We will not be liable for any losses or damages, for any consequential loss of profit or income however caused including negligence by us, our contractors, employees or agents or otherwise, and it is your responsibility to insure against such losses or damages.​

20. Miscellaneous

i. Counterparts: This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven days of execution.

ii. Transferability: Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

iii. Amendments & Waivers: No waiver of any default by any party or parties to this Contract shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and the Client is bound by, the Client’s oral authorisations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

iv. Governing Law: This Contract shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Contract.

v. Legal Fees: Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, including but not limited to the costs of collection of any unpaid or overdue amounts payable to Photographer, the party prevailing in such litigation shall be entitled to a reasonable sum which shall be determined by the Court in such litigation or in a separate action brought for that purpose, and for their legal fees in such litigation to be paid by the other party.

vi. Clause severance: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

vii. Article Headings: All article headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or any of the provisions thereof.

viii. Acceptance of Terms: Client’s acceptance of the above terms and conditions will be indicated by: oral and written agreements with the Client, or by Client’s or confirmation of the booking, or by Client’s use of any supplied images including but not limited to downloading the digital files.

This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties. Any ‘addendum’ contract describing additions or changes to the booked service will describe and pertain to those changes only and will not supersede any other terms of this Contract. The Contract is not fully binding until all parties have signed.

Private Event Photography

Scope of Work: We shall provide photography services for you consisting of a specific booked package, which will be detailed on your booking page.

Payment & Retainer: You agree to pay us according to the payment schedule outlined on your order page. A Retainer fee is required at booking to retain our services, and upon acceptance of this fee along with the booking forms and this signed contract we agree to commit exclusively to you at the specified date and time. The Retainer serves as compensation for the costs of preparation and reserving the date against other enquiries, and is non-refundable.

Payment Dates: If you fail to make a payment due date and don’t respond to reminders we reserve the right to: treat the booking or order as cancelled by you and invoice for cancellation fees and related expenses (before the Event date); or, withhold any deliverables and charge an ‘overdue notice’ handling fee of £5 per week from the date payment is due until the date the balance is settled, added to the invoice on the sixth day after the due date and weekly thereafter (after the Event date). As a last resort we may employ legal representation to secure payment.

Delivery Dates: We normally deliver the full gallery of finished images around 1-2 weeks after the Event date. The digital archive is normally downloadable shortly after that, unless we need to make further edits for albums or other products. These timings are estimates and may fluctuate a little either way depending on our schedule.

Meals and Breaks: Making photographs is hungry and thirsty work and we will gratefully accept any refreshments you make available, thank you! We only specifically request a meal and break for us and our team for Event durations of five hours or more. If you provide no meal you agree that we may leave the Event to purchase one. You understand that we will cease photography for at least fifteen minutes while eating, and that we are not liable for any effect on coverage caused by the time and location that our meal is served.

Copyright: We own the copyright for all Materials we create. It is a violation of copyright law to allow Materials created by us to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered, outside the terms of your license without our written permission. 

Client Use: You are welcome to make unlimited personal use of the images you receive, so long as you do not: make any alterations to shared images, such as cropping or applying filters; sell or license images to any third parties; distribute images to any Event suppliers, or to publications such as wedding blogs or wedding magazines, without our written permission. We cannot be held liable for use or misuse of Materials by third parties with whom you share the Materials.

Right to a Credit: If you share images online for personal use we are grateful for a photography credit, especially on Instagram. However, if we have given written permission for images to be published for non-personal use, such as editorially in a blog or in media coverage, we must be credited as the photographer without exception as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

Photographer Use: As copyright holder we may use select images for our portfolio, studio samples, contests, exhibitions, instructional purposes, or other marketing and business needs we deem appropriate. Any such use will be judicious and tasteful. We have the exclusive right to supply other Event vendors with select images representing their work. We may also at our discretion license generic images from the event to third parties, including but not limited to venue-specific wide shots, and if any such licensed images include identifiable guests OBP will request permission from you first. You understand you are not entitled to any compensation, or other consideration, for our use of Event images. If there are certain Materials you wish to remain private you can specify these after the gallery is released, and they will be removed from use until such time as you allow them to be displayed.

Requested Photographs: While we will make every reasonable effort to take requested photos, including of specific guests, you accept that a live event is unpredictable and due to variations in the weather and available light, and the willingness or availability of subjects, we cannot guarantee that any given requested photo will be taken. We cannot be responsible for a lack of coverage caused by: any given guest or subject not being available or willing to be photographed; the Event running late; if there are any venue restrictions imposed; specific requests not being made to us. 

Artistic License: You are granting us full artistic license in relation to framing, poses, locations, curation, and post-processing style. Any requests to alter images or retrieve additional images may be billed at our then-current hourly rates, and there is no guarantee that any requests will be possible.

Model Release: You take responsibility to inform Event attendees, and their guardians in the case of minors, that we will be photographing them and that by attending they give their permission to be photographed in accordance with the terms of this agreement. If any attendees do not wish to be photographed (“Excluded Guests”) they should be clearly identified, for example by wearing a sticker or badge. Due to the nature of a live event we cannot guarantee to fully exclude anyone from the Materials. Excluding guests may affect our ability to cover the Event to our usual standard, and you release us from any liability that may arise from this.

Cancellation: You may cancel the Event for any reason at any time. By default the Retainer is non-refundable as it covers our preparation costs, and the costs of reserving the Event date against other enquiries. To cancel this contract you must notify us in writing, effective that day if we receive it by 6pm, or the day after if later than 6pm (“Cancellation Date”). If you cancel the Event the following cancellation fees will be payable, according to the number of clear days between the Cancellation Date and the Event Date:

• 28 days notice or more: the value of the booking fee
• 3 – 27 days notice: 75% of the quoted Package Fee
• Less than 3 days notice: 100% of the quoted Package Fee

For example: if the Event is on Friday 20th, cancellation notice must be received by 6pm on Thursday 5th to qualify as 14 days notice.

For cancellations the ‘Package Fee’ basis will not include any line item expenses we can recover, or purchased stock that can be repurposed. Any liability to sub-contractors or other costs or expenses incurred beyond the booking fee may also be charged to you.

We may cancel the booking with written notice for any reason, including but not limited to: if we are prevented or hindered from carrying out our obligations under this contract due to a Force Majeure Event, if you become insolvent or enter into liquidation/receivership, or if you breach this agreement. If we cancel we will refund all money paid and offer to suggest alternative service providers, with no further liability to any party.

Postponement: If you wish to postpone or otherwise change the Event date to a new date we reserve the right to charge a cancellation fee for the original date to cover our business costs, depending on the notice and our availability. We reserve the right to apply our then-current rates to the new booking date. To postpone you must contact us in writing with the new date, which will void this contract and release the original date. If we are available for the new date we will agree the terms and sign a new contract. If we are unavailable on the new date this original contract will be considered to have been cancelled by you and cancellation terms will apply. 

Bad Weather: if the Event is entirely dependant on the weather then bad weather cancellation terms may be agreed upon and added to this Contract prior to booking. We reserve the right to agree or disagree with invoking the terms, based on the Met Office report in the 48 hours preceding the Event.

Overrunning & Additional Coverage: If we are requested or required to stay later than the booked duration and/or end-time we will invoice for additional coverage  at either our booked rate or our then-current rate, whichever is higher, plus any new accommodation or travel expenses incurred as a result. We cannot guarantee our availability to stay later unless booked in advance.

Release of Digital Archive: The digital archive is comprised of fully edited high resolution JPGs of the same visual quality as the images presented to you in your gallery. Raw image files are not released. Delivery of the digital archive is via digital download, or on a USB stick if one is included in your package. Regrettably we are unable to deliver digitals to a client-supplied USB or any other media. You understand that if you fail to complete your downloads before the gallery closes a small administrative fee may be payable to re-upload the archive.

Storage of Digital Archive: You agree to properly store and backup any digital images you receive. We retain personal backups but cannot guarantee the availability of replacements beyond the date of first delivery to you. You are aware that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable, and release us and our contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by us becoming unusable once in your possession.

Failure to Perform & Liability: If we or our employees, contractors, officers or other assigns, cannot perform our or their services outlined in this contract due to fire, casualty, act of God, illness, or any other cause beyond our control, we will return any relevant fees paid, including the Retainer, and will have no further liability with respect to the contract. This limitation of liability will also apply in the event that photographic materials are damaged in processing, or lost through camera or memory card malfunction. Photographer and Client both assume the risks and dangers of our travel and in the extremely unlikely event that a last-minute act of nature or travel disaster occurs while we are en route to the Event and prevents or restricts our attendance, we will refund monies paid, either in full or in proportion to the delay. In the event that we fail to perform for any other reason, we shall not be liable for any amount in excess of the value of your booked package.  Neither party shall be liable for indirect or consequential loss.

Photographer Substitution: In the unfortunate event of severe personal illness or other extreme acts of nature beyond our control which preclude us from providing our booked services, we will in good faith attempt to retain a substitute photographer of equivalent qualification, per your approval of said photographer. If none can be retained, our liability is limited as described under ‘Failure to Perform & Liability’.

Reproductions & Inherent Qualities: While we adhere to the highest standards possible with respect to photographic materials, you are aware that colour dyes in printed photographic materials may fade or discolour over time due to their inherent qualities, and release us from liability of any claim based upon fading or discolouration due to these inherent qualities. If changes occur to any photographic materials supplied by us, which are greater than normal fading and discolouration, the materials will be replaced at our discretion. You release us from liability for any claim based on the enlargement of images beyond their native resolution and dimensions; or enlargement of images within their native resolution which accentuates perceived imperfections present in the original Materials. We are not responsible for the quality of any prints made at your own choice of lab, or the quality of images that have been altered by a third party.

Additions and Subtractions: You may request additions or subtractions to the list of ordered products and services and this may change the total balance. We cannot guarantee that any given request will be achievable. Where service duration is reduced we reserve the right to not refund the difference as we will have accepted the booking on the basis of the original duration. There will be no ‘penalty’ charge for making a change.

Standard Price List: Any reference to prices or fees in this agreement are based on our standard price list. This price list is reasonably adjusted periodically and any future orders or additions to the booking will be charged at the prices in effect at the time the order is placed or change requested. 

Venue Restrictions: we may be limited by the rules of the venue and venue officials and cannot be held responsible for the impact such rules may have on the photographs. Where possible, you will inform us of any restrictions in advance.

Conduct & Safety: We pledge to work in a respectful and responsible manner. You are responsible for the conduct of attendees and for any damage or harm  or damage caused by them to us, our staff, and equipment. We reserve the right to halt work if we consider any attendee’s behaviour to be unsafe, and possible or likely to cause us harm or damage, until such time as the matter is resolved safely.

Album Design: When an album has been ordered we will create an initial draft layout and you have up to two rounds of alterations to swap, add or remove photos within the design. Once layouts have been sent for printing no further adjustments can be made. If we do not receive final draft approval from you within six calendar months of the first draft submission date and our album prices have risen due to fluctuation in production costs we reserve the right to charge you the difference before submitting the album for production. We are not liable for any effect of our suppliers changing their pricing or product line before submission.

Product Payment & Turnaround Times: No products will go into production until we have received payment in full for the product. Product turnaround times depend on the vendor and regrettably we cannot guarantee any particular delivery date.

Shipping and Handling: If shipping and handling charges are not included in the cost of products these will be billed to you at cost if you are unable to collect them from our premises.

Cooling Off Period & Complaints: All product orders are customised and non-refundable, and cannot be cancelled once work commences. When placing a custom product order with us you are committing to buy and do not have the right to a cooling-off period. Any complaints about a deliverable item should be raised with us in writing within fourteen days of receipt of the item as after this time replacements or refunds may not be possible due to our suppliers’ own terms and conditions. We are not liable for errors in the finished product that were present during your approval. 

Credits & Discounts: When you receive credits or discounts towards gallery orders these will expire when the gallery expires, unless stated otherwise in writing. Credits and discounts have no monetary value, and cannot be exchanged or refunded. Where you receive a credit or discount applicable to products not offered in the gallery, such as albums or another photography session, these have a default expiry date of six months from the date of sale or provision to you, unless stated otherwise in writing.

Online Galleries: The proofing gallery will remain online for a minimum of three calendar months, and will include the option to purchase high quality professional prints and wall art directly from the gallery. After the gallery expires, re-uploading the gallery at your request may be charged at £5 per calendar month, which will be reimbursed as a credit to use against a gallery purchase.

Slideshows: If a slideshow video file has been provided, whether part of the Package or not, the following terms associated with Photographer’s contractor apply: 1. The video provided with these terms (“Video”) is licensed, and not sold. Therefore, you do not own the Video, and must comply with these terms in using the Video. 2. You are granted the limited rights to use, copy, perform and display the Video. You may not distribute the Video to others. You are not granted the rights to use, copy, perform or display the Video for broadcast television, radio, or theatrical media. 3. You will not use Videos for any illegal or immoral purposes, including without limitation for unauthorized or illegal advertising or promotional materials, such as junk mail, spam, chain letters, or pyramid schemes. 4. You may not modify the Video in any way. 5. THE VIDEO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. 6. IN NO EVENT SHALL ANIMOTO INC. NOR THE PROVIDER OF THE VIDEO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SITE. 7. You agree to indemnify and hold Animoto Inc. and the provider of the Video, and each of their parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use or misuse of the Video, your failure to comply with applicable laws, or your failure to comply with these terms. 8. You may only use the Video for non-commercial purposes; in other words, you may not use the Video in any way that directly or indirectly derives a commercial benefit or pecuniary gain.

Indemnity: We agree to indemnify you against all expenses, damages, claims and legal costs arising out of any failure by us to obtain any clearances for which we were responsible in respect of third party copyright works, trade marks, designs or other intellectual property. We shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the Event. In all other cases you shall be responsible for obtaining such clearances and will indemnify us against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. We will not be liable for any losses or damages or any consequential loss of profit or income you incur however caused including negligence by us, our employees or agents or otherwise, and it is your responsibility to insure against such losses or damages.

Insurance: We maintain public liability insurance to protect you from claims by the property owner for accidental damage we may cause. Certification of insurance is available upon request.

Parking & Travel Fees: You are responsible for all parking fees incurred by us or our team, and any travel fees beyond London zones 1-3. We will add any such fees incurred to your invoice, or charge them separately if a final invoice has already been issued.

Miscellaneous:

i. Counterparts: This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original, and each party agrees to deliver to the other party an original executed Agreement within seven days of execution.

ii. Transferability: The Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

iii. Amendments & Waivers: No waiver of any default by any party or parties to this Contract shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and the Client is bound by, the Client’s oral authorisations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

iv. Governing Law: This Contract shall be governed by and construed in accordance with the law of England and Wales. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Contract.

v. Legal Fees: Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, including but not limited to the costs of collection of any unpaid or overdue amounts payable to Photographer, the party prevailing in such litigation shall be entitled to a reasonable sum which shall be determined by the Court in such litigation or in a separate action brought for that purpose, and for their legal fees in such litigation to be paid by the other party.

vi. Severability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

vii. Article Headings: All article headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or any of the provisions thereof.

viii. Acceptance of Terms: Client’s acceptance of the above terms and conditions will be indicated by: oral and written agreements with the Client, or by Client’s or confirmation of the booking, or by Client’s use of any supplied Materials including but not limited to downloading the digital files.

This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. With the sole exception of verbally agreed amendments to the scope of work made during the photography session itself which must be followed up in writing at the earliest opportunity, no amendment or modification of this Contract shall be effective unless executed in writing by both parties.

Corporate, Enterprise & Organisation Clients

A. The Client

…

Hereinafter referred to as “Client”, “you”, “your”

​B. The Photographer

Owen Billcliffe, trading as Owen Billcliffe Photography, 6 Limes Gardens, London SW18 5HP

Hereinafter referred to as “OBP”, “we”, “us”, “our”

C. The Event

Date: …
Location: …
Photography start time: …
Photography end time: …

​Hereinafter referred to as ‘Event’

D. Scope of Work

…

Hereinafter referred to as ‘Service’

E. Payment Schedule​

…

F. Terms and Conditions

​This document lays out the agreement made between the Client and OBP. Client is hiring OBP to provide photographic services at the event as outlined in Sections C and D. By signing this agreement with OBP, Client confirms that they have read, understood and accepted everything outlined within unless otherwise specified and agreed by both Client and OBP in writing.

1. Definitions

1.1. Further to the definitions outlined above, the following words shall have the following meanings:

“Materials” means all audio, visual, and audio-visual materials created by the Production Crew being (but not limited to) negatives, prints, digital video or image files or any digital or physical material currently in existence or yet to be processed or developed.

2. Scope Of Work & Delivery Dates

2.1 OBP will provide the booked service as outlined in Section D.

2.2 Unless agreed otherwise the principle photographer attending the Event will be Owen Billcliffe.

2.3 OBP will not be liable for any inability to meet Client’s requirements after booking if the details of any such requirements are not supplied until after booking.

2.4 If the Client later makes use of or requests a service not listed in the Service, including but not limited to using Materials outside of the agreed terms, OBP reserves the right to charge our full rate for that use or service.

2.5 Client understands that delivery dates are dependant on OBP’s schedule, typically 2-3 business days after the event unless priority delivery has been included in the booked Service.

2.7 Unless requested before booking, OBP cannot guarantee that overnight or other priority delivery services will be available.

3. Payment & Booking

3.1 Client agrees to pay OBP as per the payment schedule outlined in Section E.

3.2 If a fee is required to book the Service this will be deducted from the total invoice balance upon payment, and is non-refundable as it covers preparation costs and offsets loss of income from turning down other clients for the booked Event date. This fee is not a deposit.

3.3 A booking is only confirmed when this contract and any other requested booking paperwork and booking fees are received by OBP from the Client. 

3.4 Written or verbal assurances by Client of their intention to confirm or make payment do not constitute a booking confirmation.

3.5 OBP reserves the right to cancel, without penalty, their fulfilment of the Service or booking if any requested payments have not been received by the due date(s).

3.6 In the event of late payment OBP may charge an admin fee of £5 per week after the due date, plus interest on the due amount at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

4. Copyright & Ownership of Materials

4.1 OBP retains all rights of ownership and copyrights in the Materials.

4.2 The Client agrees not to distribute, sell or otherwise licence the Materials to any other parties without the written permission of OBP.

4.3 This agreement overrules any documentation of assumed transfer of rights that Client may produce at any time, unless such documentation has been agreed to in writing and signature by both OBP and the Client.

5. Usage & Right to a Credit

5.1 OBP hereby gives permission for Client to start using Materials as outlined in your booking from the time of delivery.

5.2 All permissions to use Materials are automatically revoked and voided if Client does not make full payment by the due date.

5.3 As standard the Client has the unlimited right to use Materials in-house, and for public-facing editorial PR purposes with a photographer credit.

5.4 For the purposes of this contract editorial use includes but is not limited to: press releases, company blog use, social media use, non-commercially available event or venue brochures, and distribution for editorial use in publications such as industry magazines, periodicals, or newspapers. 

5.5 The Client agrees that in editorial use the photographer’s name (or ‘handle’ for social media use) will be printed on or in reasonable proximity to published reproductions of the Materials, and OBP asserts our statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

5.6 If any other use is required by Client (including but not limited to advertising, use in a commercial product, or any other form of public-facing non-editorial use that imparts a commercial gain to the Client) this can be requested in writing either: prior to booking, to be detailed on the quote and booking order; or after the Event to be subject to a further invoice for the requested usage.

5.7 The Client may not distribute, sell or otherwise licence the Materials, or transfer your licence to use the Materials, to any third parties free of charge or for any form of fee, discount or other benefit or remuneration without written permission from OBP.

5.8 If Client is found to have breached these usage terms OBP reserves the right to invoice the Client a licensing fee in line with industry standards for the use made.

5.9 Unless limited on a case by case basis by conditions described in 5.11, OBP shall only make reproductions for Client or for OBP’s portfolio, studio samples, self-promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of OBP’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If OBP desires to use images for uses other than those specified above, OBP shall not do so without first obtaining written permission from Client.

5.10 Client understands they, and all other parties depicted in the Materials, are not entitled to any compensation, or other consideration, for OBP’s use of Materials as outlined.

5.11 OBP agrees to abide by any Client-provided NDA or privacy guidelines we have signed or agreed to in writing in relation to the booked Event, so long as these are provided at booking or in advance of the Event, and in such cases we will request permission from Client before making use of Materials.

5.12 If Client makes any non-private use of previously-withheld Materials, same Materials will subsequently be deemed usable by OBP as outlined.

6. Meals & Breaks

6.1 Client agrees to provide a break for OBP and our team for Event durations of five hours or more.

6.2 In such cases if the Client does not provide any meal arrangements for OBP Client understands that we may leave the Event to purchase a meal, and we will have no liability for the loss of coverage this may cause.

7. Warranties, Undertakings & Indemnities

7.1 OBP will use all reasonable skill and care in providing the Services to the Client.

7.2 OBP is granted full artistic license in relation to the Materials captured, the style of post-processing executed, and the final curation of delivered Materials. Client has no right to reject the Materials or refuse to settle the fee on the basis of style or composition.

7.3 Due to the unpredictable nature of a live event OBP cannot absolutely guarantee that every requested image will be possible, and cannot be held liable for any result of guests or Event attendees refusing to be photographed, or if OBP is restricted by guests or staff, or if there are any other restrictions and limitations outside of OBPs control, including but not limited to weather conditions, venue restrictions, available time, and available light.

7.4 OBP cannot be held liable for lack of Materials and/or specific shots being captured during the event or other requirements of the Client if these are not submitted in writing to OBP as requested in this contract.

7.5 Client will verify that any digital data supplied by OBP are suitable for reproduction of the expected quality and colour accuracy.

7.6 If any data are not deemed suitable, OBPs sole obligation will be to replace or repair the data only if Client relayed their requirements in the brief, but in no event will OBP be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

7.7 Client will properly store and archive the Materials, as OBP cannot guarantee the availability of any Materials beyond the date of first delivery to the Client.

7.8 Client understands that optical, magnetic, electronic, and any other media for storing digital data are inherently unstable, and hereby releases OBP from any liability for any claims, damages, or costs, arising from any media supplied by OBP becoming unusable.

7.9 The Client agrees to:

(i) provide a full brief including delivery requirements and an Event schedule to OBP via email fourteen days before the Event date, or before booking if the booking date is within fourteen days of the Event. Client understands and accepts OBP cannot guarantee they will be able to meet the expectations of a brief supplied any later.

(ii) ensure OBP is able to fully carry out the Service and that all members of OBPs team are able to carry out their duties at the Event without restriction.

(iii) inform Event attendees that they may be photographed, so that OBP may consider all parties attending the Event to have given approval to be photographed, subject to the same usage terms as Client. 

(iv) ensure that all necessary rights, model releases, clearances or consents which may be required to produce the Materials are obtained prior to the Event

(v) ensure that the venue complies with all requisite health and safety and/or applicable legislation and laws.

7.10 OBP agrees to:

(i) provide the gallery and/or archive of finished Materials as soon as reasonably possible, typically 2-3 business days after the Event, unless overnight or priority delivery has been included in the booked Service.

(ii) provide Materials encoded in an industry-standard data format of OBPs choice, at a resolution that OBP determines will be suitable to the reproduction technology and use(s) for which the Materials are licensed. 

(iii) use cameras and monitors that are colour calibrated to industry standards, and in processing adjust colours for pleasing tonalities.

7.11 Each party to this Agreement represents and warrants to the other that:

(i) such party has the right, power and authority to enter into and fully perform this Agreement.

(ii) the execution of this Agreement by such party and its performance of the obligations hereunder does not and will not violate any agreement with any third party by which such party is bound.

(iii) they have adequate public liability and other requisite insurances to hold the Event at the Venue, and provide the booked service.

8. Force Majeure

8.1 Neither the Client nor OBP shall be liable to the other for any delay or failure in the performance of its obligations (other than for an obligation to pay sums of money) where such delay or failure results from any event beyond its reasonable control (“Force Majeure Event”) provided that the relevant party:

(i) promptly gives notice in writing to the other party of the Force Majeure Event and its expected duration and uses its reasonable endeavours to remove such Force Majeure Event; and

(ii) resumes complete performance of its obligations as soon as practicable after the occurrence of the Force Majeure Event.

8.2 The party whose performance is not affected by the Force Majeure Event may terminate this Agreement by 30 days notice if such Force Event shall continue to prevent the other party from performing its obligations for more than 30 days.

9. Termination, Cancellation & Postponement

9.1 Either the Client or OBP may cancel this booking for any reason. All notices of cancellation must be submitted by the cancelling party to the other in writing.

9.2 If the Client cancels a confirmed booking OBP reserves the right to charge a fee to cover their costs of preparation and turning down other enquiries; the fee will vary depending on the number of clear days notice given between date of cancellation and the date of the Event (i.e. not including these two days).

The maximum cancellation fees are:

• 21 days notice or more: £200 plus any previously agreed travel & accommodation expenses owed or paid by OBP​
• 4-20 days notice: the above fee plus 50% of the remainder of the invoice total
• 3 days notice or less: 100% of the invoice total

9.3 When calculating a cancellation fee the ‘total amount on the invoice’ includes the fee for physical products, including but not limited to prints and books, only if such products have already been assigned by OBP and cannot be repurposed; otherwise the cost of these will be deducted from the invoice before cancellation charges are calculated.

9.4 The ‘date of cancellation’ is considered by OBP to be the day notice is submitted by Client, up until 6pm. If notice is submitted after 6pm the ‘date of cancellation’ will be the following day. For the avoidance of doubt: written notice of cancellation submitted by 6pm Saturday 8th relating to an Event on Saturday 29th constitutes 20 days notice, not 21.​

9.6 In the unlikely event of mechanical failure to any of OBP’s equipment or transportation and where OBP would be unable to provide the Client with the Service, OBP’s liability shall be limited to a full refund of all monies paid.

9.7 If, for any reason, OBP is unable to provide the Client with the Service prior to the start of the Event and must cancel the booking then OBP’s liability shall be limited to a full refund of all monies paid.

9.8 Either OBP or the Client may terminate this Agreement with immediate effect by notice to the other if the other shall be in material breach of this Agreement and either such breach is not capable of remedy (and a repeated or persistent breach shall be deemed incapable of remedy) or such breach (if capable of remedy) is not remedied by that other party within 14 days after receipt of written notice from OBP or the Client (as the case may be) specifying the breach and requiring it to be remedied.

9.9 For the purposes of this contract a “repeated or persistent breach” shall mean a breach in respect of which a party has received a previous written notice from the other party and (whether or not such breach shall have been remedied by the defaulting party), the defaulting party commits within a period of six months a subsequent breach which is the same as or similar to that breach about which it has previously been notified.

9.10 If the Client wishes to postpone or otherwise change the Event date for any reason the Client must submit a written release to OBP bearing the original contracted date, which will void this Contract.

9.11 If OBP is available on the new date OBP and Client will sign a newly written contract.

9.12 OBP may apply money received from Client to the new date at our own discretion, but also reserves the right to charge a fee of at least the minimum cancellation charge to offset any loss of business or expenses incurred thus far, either by retaining some or all of the money paid for the original date, or by requesting a payment if none has been made yet.

9.13 If OBP is unavailable on the new date then the Contract will be considered to have been cancelled by the Client, and cancellation terms will apply.

10. Photographer Substitution

10.1 In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of OBP which precludes the photographer from performing their duties of coverage at very short notice, OBP will in good faith attempt to retain a substitute photographer of high qualification, per Client approval of said photographer.

10.2 If none can be retained or approved, OBPs liability shall be limited to a full refund of monies paid.

11. Assignment & Variation

11.1 The Client may not assign or transfer any of its rights under this Agreement without the prior written consent of OBP.

11.2 No variation of the terms of this Agreement shall be valid or effective unless recorded in a document signed or explicitly agreed in writing by duly authorised representatives of both OBP and the Client.

12. General

12.1 A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

12.2 If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.

12.3 The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.

12.4 Should any litigation be commenced between the parties to this Agreement, concerning any provision of this Agreement or the rights and obligations of any party, including but not limited to the costs of collection of any unpaid or overdue amounts payable to OBP, the party prevailing in such litigation shall be entitled to a reasonable sum which shall be determined by the Court in such litigation or in a separate action brought for that purpose, and for their legal fees in such litigation to be paid by the other party.

12.5 All article headings and numberings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or any of the provisions thereof.

12.6 This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior Contracts. With the exception of written amendments agreed and signed by both Client and OBP, and verbally agreed amendments made during the Event itself, no further amendment or modification of this Contract shall be effective unless executed in writing and signed or otherwise explicitly agreed by both parties.

12.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

Please note: only the Client named above may sign this contract. To add a nominated signatory please contact us before signing.