These are the terms and conditions that apply to all our photos shoots. Within, “the photographer/s” will relate to both photographers i.e. Alex and Steve Bowden trading as Bowden's Photography. “The client” will relate to any person, body of persons, firm or Company with whom the photographer enters into a contract for the sale of goods or provision of services by the photographer. In extreme circumstances these can be amended on the discretion of the photographers.
1. COPYRIGHT & LICENCE
i. The Photographer retains full copyright of all photos, at all times, throughout the world, in accordance with the Copyright, Designs and Patents Act 1988. Failure to complete payment for a wedding package or purchase of photos from the photographer’s store and still use "our" photos for personal use will mean the client is breaching this Act.
ii. The licence to use is limited. However the client has the right to print the photos wherever they want. There is a range of printing options via the online store if clients wish to print their photos through the third-party printing service the photographers offer (Loxley Colour).
iii. Any publication of the photos to gain publicity for companies other than the original commissioning company will require a reproduction fee to be paid to the photographer. (Prices Vary)
2. CREATIVE LICENCE & USAGE
i. The photographers request that if any photos are used on any social media platforms, could the client please credit the photographer: @bowdensphotography (optional)
ii. Before the shoot the photographer and the client will discuss whether photos taken can be used for advertising purposes by either party which will be confirmed in a signed contract. If this is agreed, the photos can be used in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work.
iii. All photos are edited by the photographers. They only supply “edited photos” and the "raw copies" will be unavailable, they have their own editing style and wish to preserve this. Therefore, when using the photos, no edits, filters or manipulations are allowed to be applied.
iv. Photos will be available to view and download from a secure client gallery for 6 months from the date of the commission. Longer periods are available by agreement.
3. COVERAGE & REPRODUCTION
i. Photos taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The photographer will do their best to honour the requested photos but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photos.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photos that are not produced due to technical failure.
iv. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the photos to be taken without hindrance or infringements of trademarks or copyrights. It is the client’s responsibility to gain written parental permission when persons under the age of sixteen years are to be photographed. Permission is also necessary to allow identification and publication of photos of children. The photographer accepts no liability for non-supply of pictures if parental permission has not been granted.
vii. All photos are edited individually which will mean the aspect ratio for images may vary. Therefore before ordering a print the client must ensure they have selected the correct ratio i.e. 6 x 4, 5 x 4 etc. If advice is needed, the client can contact the photographer directly. However if the client fails to seek advice, the photographer accepts no liability for incorrectly printed photos.
i. For Wedding Packages a non-refundable booking fee of £100.00 will be required on completion of the first meeting to reserve the photographers for that specific day. The booking fee will be deducted from the cost of the client's chosen package.
ii. A further 50% of the remaining balance will be due for payment two weeks before the wedding day. The remainder will be required to be paid prior to the client being given the associated download code which will enable them to access the photos from the photographer’s website.
iii. Any additional products e.g. prints, canvases, photo books, etc will need to be paid for in full before the photographer places the order.
iv. The photographer will not release any products until the full balance has been paid.
v. Any additional services e.g. additional hours, will also need to be paid for in full and in advance of the day.
5. CANCELLATION AND UNFORESEEN CIRCUMSTANCES
i. In the unlikely event that the photographer will cancel due to illness, injury, being a victim of crime, etc or that they are unable to attend on the wedding day/agreed date of the shoot re other commissions due to any cause beyond their reasonable control, the photographers' liability shall be limited to a full refund of any fees paid by the client.
ii. In the event that the raw files are lost, damaged or destroyed due to unforeseen circumstances beyond the control of the photographer e.g. theft, fire, etc the photographers' liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
iii. A cancelation fee of £250 will be required up to two weeks before the date of the wedding whereas a £500 cancellation fee will be required within the final two weeks before the date of the wedding.
6. ON THE DAY
i. The photographer will be the sole professional (stills) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photos throughout the day.
ii. The photographer will not take photos during the wedding meal and will use this time to take a break.
iii. Depending on the package purchased, the photographer will stay for the duration specified in the package. Meaning if the client pays for 4 hours and photos are required to be taken from 12 o'clock mid-day, the photographer will stay until 4 o'clock that afternoon. Any additional hours are at the discretion of the photographer and additional hours can be purchased at a set rate. However, if a package is purchased and the number of hours supersede the duration of the photo shoot, a refund for those extra hours will not be issued.
7. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
i. The photographer will endeavour to edit and upload the digital files to their website as a "private" collection within 7 - 14 days of the wedding date. However, this could take longer during busy periods.
ii. All collections are locked until an email address is entered. This is for security purposes and to monitor who has accessed the collections. Once you have entered in an email address, this will be saved to an email listing service which you can opt out of anytime by unsubscribing. This email service is only in place so you can receive news about new collections and for updates about our existing collections, it will not be used for spam emails.
iii. For paying clients, there will be a unique password protecting their "private" collection which will be emailed to them once all the photos are available to view and any outstanding payments have been made.
9. ARCHIVING OF PHOTOS
i. All final photos will be stored and archived by the photographer for 1 year from the date of the event. If archived photos are required after that time or additional storage time is required, an admin fee may be charged.
10. EXTRA EXPENSES
i. Where extra expenses or hours are incurred for the photographer as a result of alterations to the original brief by the client, or otherwise, the client shall give approval for and be liable to pay such additional fees. A simple additional electronic contract would be signed by both parties on the day via "Adobe Fill & Sign".
11. PHOTO BOOKS
i. Photo Book prices are fixed. However additional leaves can be purchased if required.
ii.There are two options available. For the “Unique Photo Book designed by us", the photographers accept no liability for the basis of style or composition i.e. the photos and layout of each leaf and the front and back covers are chosen by us. For the “Customised Photo book designed by you”, the photographers will make every effort to ensure the final product meets your full requirements i.e. the photos and layout of each leaf and the front and back covers are chosen by the client.
i. Bookings for photography shoots must be made by persons aged 18 or over.
13. VOUCHERS & PROMOTIONAL CODES
i. Vouchers issued to the client or for use on a public collection must be redeemed by the expiry date shown on the voucher, or it will no longer be valid. There is no cash alternative, refunds or change given. Vouchers cannot be used in conjunction with any other offer, voucher or existing shoot provided by the photographer. It cannot be used for any other service other than what is described on the voucher.
14. ADVERSE WEATHER
i. Bad weather terms can be agreed with the photographer at the agreement of the commission in advance of the shoot. However, the photographer retains complete discretion concerning whether or not a shoot will proceed by reason of adverse weather or light conditions and will contact the client as soon as is reasonably practicable to make alternative arrangements. In the event of cancellation/postponement in accordance with this clause, clause 15 below applies.
i. Any complaints should be raised by the client in writing within 28 days of the client first becoming aware of the matter to be complained of. The photographer will endeavour to resolve any such matters in an amicable manner as soon as is reasonably practicable.
i. There is no right to reject on the basis of style or composition.
17. APPLICABLE LAW
i. This agreement shall be governed by the Laws of England & Wales.
i. These Terms and Conditions shall not be varied except by agreement in writing.
19. SUPPLY TO THIRD PARTIES
i. The licence only applies to the Client and product stated on the Licence to Use.
20. DATA PROTECTION
i. Any information or data is kept in accordance with data protection principles set out in the Data Protection Act available on the ICO (Information Commissioner’s) website.
These are our contracts for Weddings, Events, Portraits, Pets, Real Estate and Commercial Photoshoot's. The client will be required to fill in the relevant form before the shoot commences, via an iPad on the day of the shoot, unless otherwise arranged.