GENERAL TERMS AND CONDITIONS PALMQUIST PHOTOGRAPHY
INTRODUCTION
The contract is in force from when you pay your booking fee with the intention of paying Palmquist Photography for photographing your wedding on your chosen date. You are required to return the contract date and with both partners signatures. Failure to return the signed contract does not, however, invalidate the contract nor absolve you from the acceptance of the Terms & Conditions laid out in it.
GENERAL TERMS & CONDITIONS
Sections 1 & 2 contain biographical and venue information on your photography session be that a wedding, baby or lifestyle family session etc.
COPYRIGHT:
The Copyright Designs and Patents Acts 1998 assigns the copyright of the images to the photographer(s). “The Photographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “license to print.”
The client is not authorised to copy and/or pass any photographs or derived products to any third party person and/or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer). This includes other vendors booked by the client for his or her wedding.
The photographer is happy to supply images to vendors / suppliers, but they must first seek permission.
Please see my website (www.palmquistphotography.com) for details.
What This Means
I own the copyright to the photographs and I give you a ‘personal license’ to use them. YOU can not give them away to anybody else for commercial use without my permission. Otherwise, I will sue the people using them. Honestly, just ask your hairdresser, florist, venue, transport etc to get in touch with me for copies of the photographs.
DISPLAY:
The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).
What This Means
I can use the images for marketing. This is the ONLY section of the contract I won’t quibble about. If you don’t want your images online, in sample albums or in my brochures that’s fine. Just tell me.
LICENSES, COVERAGE AND REPRODUCTION:
a) The Photographer(s) shall be granted an artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct. The Photographer will not be held liable for photographs that do not, for whatever reason, meet The Photographers quality criteria and are not shown to the client.
b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements. It will be at the Photographers discretion if any slideshow (either via laptop or projector) is displayed and will depend on a risk assessment (health & safety and theft of equipment) being carried out.
c) The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility or liability will be taken by the photographer(s) on the occasion of leaving somebody out.
d) 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(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility or liability for any obstructed view should this be the case. The use of artificial lighting (flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.
e) For a wedding or other event booking, the photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
f) Where the client provides a list of photographs to be taken it is incumbent upon the client to ensure the list is in an order that is logical and manageable. The photographer will follow the list “as is” without deviation. Clients are advised to think carefully about any photograph list.
g) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
h) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
i) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colours may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
j) Due to the limitations of computer monitors, it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.
k) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s). Print sizes are at a ratio of 1:1.5. Other ratios for photographic print sizes may require re-sizing by the client at the time of ordering.
l) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
m) Where images are made available for use with a personal computer the default operating system shall be the latest Apple Mac OS X and Microsoft Windows operating systems. Products may not function on other or earlier operating systems.
n) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.
What This Means
I can’t be in two places at once so if I miss a shot because I’m taking another shot, I’m sorry. I can’t be held responsible for when you decide not to have family groups and then your parents complain about there not being family groups. If someone isn’t in the photo…not my fault. I’m told by some people what I can and can’t do photography wise – inside churches or when working with registrars, not my fault. I’ll try and be logical with the list of photographs…but I do expect you to help me put it in logical running order! I have backups, but even so if one of my cameras fail I may lose stuff. I use the latest ITC gear, if yours is older it may not work. Colours on your ITC may not be the same as in real life but look fine on my kit – because I check and calibrate my kit.
PRICES:
a) All standard photographic services and optional extras specified in this contract and paid for in full before the wedding are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-UK addresses.
c) Travel expenses (other than specified in the contract summary) need to be covered at full cost before the journey takes place.
What This Means
Price is fixed at the time of booking. If you order anything else you have to pay for it, as well as any additional expenses not covered in the contract.
PAYMENTS:
a) A booking fee for the amount specified in your contract summary (paid by cash, cheque, credit/debit card or online bank transfer) along with a completed contract will confirm your booking.
The booking fee forms part of the total cost of your Package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due.
You have the right to cancel within 14 days (cooling-off period) after you have paid the booking fee (Consumer Contracts Regulations). In this case, you will be refunded 50% of the booking fee.
The photographer will decline any other enquiries for the date upon receiving this fee. The booking fee is payable within 5 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking.
b) The photographer will send out final invoices by email 6 weeks prior to your wedding date. It is YOUR responsibility, however, to ensure payment is made.
c) You will be sent an invoice no later than 4 weeks prior to your wedding date. It is the client’s responsibility to ensure payment for any outstanding balance is paid in full NO LATER THAN FOUR WEEKS prior to the contracted date as set out in Section 2.
d) If you do not request a deferred payment plan the failure to pay four (4) weeks before the date of your wedding will be deemed a breach of contract and result in The Photographer not attending your wedding.
e) All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high-resolution long-term galleries, and any other services ordered after the event.
f) Title to all goods, including but not limited to prints, wedding albums and other products remains with Palmquist Photography until paid for in full by the client(s).
g) All the cheques should be made payable to Arlette Palmquist Gomes
h) A discount of 5% on the total balance if available if payment in full is made within 5 days of the booking being confirmed.
i) A deferred payment option is available if required. Under this option, you pay the final 25% of your wedding balance up to three months after your wedding or when you order your wedding album whichever is sooner. (Please note that until the final 25% is cleared no products will be sent out i.e. CD’s etc.). Please ask for more details.
What This Means
I expect to be paid and paid on time. You have the right to cancel within 14 days but will be charged for my time, administration costs (sending invoices, contracts, merchant account fees etc) and this will be deducted from the booking fee. You have 5 days to pay the booking fee or I’ll take the next wedding on that date. I’ll send final invoices 6 weeks before your wedding to give you plenty of time to pay. You have to pay the final invoice 4 weeks before your wedding, if not I may deem this a breach of contract and not turn up. You get a 5% discount for full payment and can defer payments if you want, though nothing will be sent to you until the final deferred payment is made.
GENERAL TERMS AND CONDITIONS PALMQUIST PHOTOGRAPHY
COMPLAINTS:
Any complaints must be received in writing within seven (7) days of receipt of services provided or products purchased (including digital products). This includes photographs, discs, albums, frames and any other services that have been agreed.
Where the complaint is about a product then a period of 14 days is required for inspection of the product. You must return the product to me, in the packaging it was sent in. You have to pay the return postage.
What This Means
You have the right to complain and the right for that complaint to be resolved.
FORCE MAJEURE:
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control including, but not limited to, sudden illness/injury/victim of crime, flooding, earthquake, epidemic, pandemic, government advice (including but not limited to measures such as ‘lockdown’, ‘social distancing’) prevailing weather conditions etc. With specific regards to weather conditions, the Photographer will make all reasonable and safe to attend your wedding. The photographer will provide as much notice as reasonably possible in this event.
b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 9a). However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
What This Means
Shit happens. This covers me in case of that happening!
LIABILITY FOR DIGITAL FILES AND PRODUCTS:
a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 12 months from the wedding date at one site.
b) Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 12 months from the date of the wedding.
c) All orders should be placed with the photographer(s) before the end of a 6-month period starting at the wedding date unless otherwise agreed in writing. The photographer(s) will not be liable for failure to produce any orders placed after this time.
d) Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 6 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer(s) and forwarded by standard Royal Mail to the last known address of the clients.
e) It is your responsibility to inform the Photographer of changes to address.
Additional reproduction, administration and postage charges will apply if you do not inform the Photographer of your change of address.
What This Means
Shit happens. This covers me in case of that happening!
LIABILITY FOR CLIENTS PERSONAL EFFECTS / BELONGINGS
a) It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s for any reason. Any items left with The Photographer/s are left entirely at your own risk. The Photographer does not accept any consequential loss for items left with the Photographer.
b) The photographer/s may suggest suitable and reasonable setups for photographs to the clients and it is assumed the client accepts liability, barring injury or death, for those photographs should the client agree to the photographers’ request.
c) The client accepts liability for the photographer/s health and safety whilst the photographer/s are working in client homes. (This includes but is not limited to the homes of family members). Where the photographer/s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the photographer/s will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the photographer/s reserve the right to leave immediately without further notice.
d) The client will advise any other venues that they are responsible for the photographer/s health & safety and the photographer/s will take all reasonable and sensible precautions whilst on the premises of other suppliers/venues etc.
What This Means
I’m nice and will take your bags to the wedding venue to save space in cars etc. I’m NOT accepting liability, responsibility or accountability for those in any way shape or form. If I have an accident that wasn’t my fault then I may take legal action over it. I will, however, make sure I take as much care and attention of my safety as my job allows.
CANCELLATION FEES, DATE AND PACKAGE CHANGES:
All clients have the option to cancel within 14 days from the date of the booking, even if the booking fee has been paid. 50% of the booking fee will be refunded in this case.
a) If the Client(s) should have to cancel a booking after 14 days, the booking fee and any other fees already paid cannot be refunded and the following cancellation charges will apply:
Less than 28 working days prior to the wedding date stated on Page 1 – 50% of the balance outstanding.
29 – 84 working days prior to the wedding date stated on Page 1 – 35% of the balance outstanding.
85+ working days to the wedding date stated on Page 1 – 0% of the balance is payable.
All notice to cancel must be given as soon as possible; a telephone call (including voice mail) is acceptable to inform The Photographer as soon as possible; however this needs to be confirmed in writing, e-mail is acceptable under these circumstances.
Mobile Number: 07542949363
arlettepalmqusit@gmail.com
A working day is defined as Monday – Friday.
b) The Client(s) may change the date booked earlier if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
c) The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and the new amount due. Any differences cannot be refunded when downgrading the package.
What This Means
I run a business and have a mortgage to pay. If you cancel within the sliding scale you will be sent an invoice and you will be taken to the Small Claims Court for that money if that invoice is not paid.
PLACING AN ORDER AND RECEIPT OF GOODS:
a) Any alterations to orders must be notified either by phone or email and confirmation received. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners.
You MUST request and receive a confirmation by email if you choose to use this method.
b) The main wedding image print order may take up to eight weeks to complete. Allow 28 days for delivery of other orders. Where you choose to design your album through Palmquist Photography you will be notified of the estimated completion date on a case-by-case basis.
c) The photographer(s) must be notified either by telephone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period.
d)All wedding albums will be required to be signed off via email before being sent to print. It is the Clients responsibility to reply to the email confirmation from the Photographer for sign off of the album.
d) Due to the personal nature of the product, the photographer(s) are unable to give exchanges or refunds unless mistakes were made by either the photographer or printing company.
This does not affect your statutory rights.
What This Means
If you want to make changes you MUST make sure you let me know. As albums and prints are personal products they will not be refunded or exchanged if they are wrong and it’s your fault.
PRIVACY & DATA PROTECTION:
Palmquist Photography may store your data in a secure private internal database. This data will not be made available to outside companies or individuals.
Your data will be stored securely for a maximum period of 10 years in case you wish to re-order other products
What This Means
I adhere to the governing legislation with regards to protecting your data.
GOVERNING LAW:
a) Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English courts.
b) You agree to the Terms & Conditions of this contract once your booking fee has been paid.
What This Means
Despite my photographing weddings around the UK any legal dispute will be settled using the laws of England & Wales. Even if your wedding is in Scotland or Northern Ireland.
INSURANCE:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation or other situations arising.
What This Means
Get. Wedding. Insurance. I will still make a claim against you should I need to, regardless of the situation.
MEALS AND REFRESHMENTS:
a) Provision must be made with your venue to provide the photographer(s) with a meal during the wedding breakfast (this is not usually taken with your guests as the photographer has essential duties to perform during this period).
Note. This can range from a sit-down meal such as the wedding guests are being served to a homemade packed lunch
b) Where coverage includes up to mid-evening, then a second light meal should be available.
Where coverage has been agreed to include a photographer’s assistant, then the same conditions apply for this individual.
What This Means
I’d love a meal. A packed lunch is fine though.
ON THE DAY:
a) The photographer is the only authorised photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.
b) The photographer is contracted to shoot all photographs relating to the event and no other person is permitted to shoot images for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors e.g. a videographer may not shoot stills other than a small quantity to illustrate the video packaging. Breach of this condition shall be deemed cancellation of the contract by the clients.
c) An inconsiderate guest or other supplier can wreck the photographic record of your special day. Coverage may be cancelled without warning at the discretion of the photographer if the photographer feels threatened in any way shape or form or has reason to believe that equipment may be damaged or stolen.
What This Means
I’m the ONLY official wedding photographer. If you have a guest who wants to help please run it by me first – I’m generally ok with it as long as I know beforehand.
Guests who interfere with my job may mean that I miss photographic opportunities. I can’t be held responsible for that.
DELIVERY TIME FRAMES
Due to workload at particular times of the year the dates below are estimates only
Online gallery of wedding photographs
14-21 days
Prints
14 – 21 days
Canvas Prints
14 – 21 days
Album draft
14 days from receiving your wedding photograph choices
Wedding album changes
2 weeks per round of changes
Printed Wedding Albums & Parent Books
6-10 weeks after sign off from yourselves
During summer wedding season please allow 5 days extra for busy periods; although we will attempt to meet the 3 weeks maximum for delivery of your wedding photographs.
What This Means
Don’t nag me. You’ll go to the back of the queue. If you are on the ball I will be as well. If you are slow in replying to emails you will miss your spot in my editing/design queue and things WILL be delayed.
WEDDING DEADLINES
You have 4 months from the date of your wedding photographs being online to choose your favourite wedding photographs for your wedding album and send those to Palmquist Photography.
After the 4-month period, the studio reserves the right to make its choice of wedding photographs from your wedding, design your wedding album, print your wedding album and deliver your wedding album.
Postage of albums, where the delivery address is more than 50 miles from Chepstow will incur a charge of £15. Albums will be packaged safely and posted via Royal Mail at Second Class.
What This Means
It costs me to post your album if I can’t make it to you or you can’t make it to me. That postage cost is not factored into my prices. I may not be able to post your album due to my workload.
REPLACEMENT PRODUCTS
Where the client/s wedding package includes copies of all edited images (wedding or pre-wedding) for personal use on either a CD ROM / DVD or USB Memory Stick client/s are advised to make a backup copy.
Reproduction of such images will incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of request.
What This Means
If you lose your USB / CD / DVD I’ll cahrge you for a new one. About £200
ALBUM DESIGN
Every effort will be made to accommodate specific requests for album design and layout by the client/s however the final artistic decision lies with the photographer.
20 changes can be made to the initial wedding album design at no cost. A change is defined as adding, replacing, moving or converting to BW version a wedding photograph.
Thereafter a charge of £10 per requested change to the wedding album will be accrued by the client/s.
The album will not be sent to print unless any outstanding balance from the changes have been settled and the Album Print Sign Off formreturned.
What This Means
I’ll check to make sure your album is correct in every detail. You also have a responsibility to check it before sending to print. Mistakes that are my fault will be rectified at no cost. Mistakes that are your fault will be charged.
IMAGE MANIPULATION
The Photographer will apply a range of standard image manipulation techniques to the client/s wedding photographs. This includes, but is not limited to skim smoothing, eye brightening, sharpening and Black & White and /or Sepia conversions.
The client/s shall not be charged for the removal of features that are not normally present. This includes but is not limited to items such as stress spots, cold sores and shaving/heat rashes.
Image manipulation for reasons of “digital cosmetic surgery” will be charged a rate of £65 per hour or part thereof. This includes but is not limited to tattoo removal, tan line removal, enhancements or reductions to the natural figure.
Wherever possible the photographer will attempt to avoid distractions in the background; however, the nature of weddings and wedding photography makes this hard to achieve this 100%. Where this is not possible a charge may be requested for the removal of these distractions.
The photographer reserves the right to refuse requests for any photo manipulation where, in the opinion of the photographer, the requests are excessive.
What This Means
I don’t do boob, bums, waist or other digital cosmetic surgery. I don’t agree with it so please don’t ask unless you wat to pay for it.
If your makeup artist isn’t good enough and your makeup comes off I will charge you for editing any images as an example.
USE OF DRONES BY OTHER WEDDING SUPPLIERS
Palmquist Photography will not be held liable or accountable for any issues and/or accidents involving the use of drone technology by other wedding suppliers.
It is your responsibility to ensure that other suppliers (videographers etc) are fully licensed and insured to use drone cameras and or drone video equipment. It is a criminal offence to use a drone for paid or commercial work without valid CAA permission and commercial insurance.
What This Means
You need a license to use a drone commercially. If your videographer doesn’t have one I won’t work with them; it’s not legal. If your videographer has an accident with a drone I will make sure the whole world knows it wasn’t me but them.
BRIDAL PREP – SUITABLE CLOTHING (IF REQUIRED)
Please wear appropriate clothing for your bridal preparation photographs. Consideration should be given as to who you will get into your wedding dress to avoid damaging hair/makeup.
This will help your make-up artist (MUA) and hairdresser ensure their work doesn’t get damaged from tight-fitting clothing having to be taken over your head and to ensure that strap marks (from underwear) are not visible during your wedding photographs.
This also applies to bridesmaids’ clothing during bridal prep.
The removal of strap marks is not included in my standard editing and retouching of your wedding photographs would incur an extra charge.
What This Means
See above re image manipulation!
AMENDMENTS TO THIS CONTRACT
Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
What This Means
I may make amendments to the contract at times. They won’t impact your financially if you/me abide by the TCs when you booked.