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terms and conditions

An executed copy of this Agreement and a Booking Fee is payable to secure The Photographers services for The Client's date. The Booking Fee will be deducted from your total balance. The remaining balance will then be payable on the day of the wedding. Upon payment of the Deposit, The Photographer will reserve the event date on behalf of The Client(s) and reject all other requests for event coverage on that date. Therefore, if for any reason the wedding is cancelled or postponed, the Deposit is non-refundable, and may only be transferred to a new date if the Photographer has availability.

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The Client may cancel this contract anytime after it has been signed by sending written notice to The Photographer. If the written notice of cancellation is received within 120 days of the due wedding date then the amount of the total price that The Photographer shall be entitled to is calculated in accordance with the table below (detailing the amount The Photographer is entitled to):

 

0-30 days = 100%, 31-60 days = 75%, 61-90 days = 50%, 90-120 days = 25%, 121+ days = 0%

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While every reasonable effort will be made to produce and deliver the agreed photographs of the event, The Photographer’s entire liability to The Client for any claim arising from The Photographer’s performance or agents and servants (including photographers, processing laboratories and postal and delivery agents) is limited to a refund to The Client of the amount paid for services. The primary photographer for the wedding will be Jonathan Slade. If The Photographer is involved in an event rendering him unconscious, liability is limited to a full refund of monies paid. In the unlikely event of photographic equipment failure, the limit of liability for a partial loss of originals shall be a prorated amount of the photographs lost based on the percentage of total number of originals. In the unlikely event of personal illness, Acts of God, or other circumstances beyond the control of The Photographer, a substitute photographer of high qualifications may be sent to fulfil the obligations of The Photographer herein contracted. If a substitute photographer is provided, The Client has the right to refuse to accept the substitute photographer and may instead terminate this agreement and receive a full refund of all monies paid.

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CREATIVE LICENCE:
The Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style and the number of photographs taken and delivered shall be deemed correct. The Client acknowledges that they are familiar with The Photographer’s portfolio and are requesting services with knowledge of The Photographer’s style; that The Photographer’s work is constantly evolving; that The Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by The Photographer in the past; and that in creating the photos, The Photographer shall use his personal artistic judgment to create images consistent with his personal vision of the event, which vision may be different from The Client’s and the subject’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.

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The Photographer will endeavour to take all the photographs agreed. However, because a wedding is an uncontrolled event, the photographer cannot guarantee delivery of any specifically requested image(s), especially if timings or events are altered without their knowledge. Due to changes of the weather and the availability and willingness of subjects The Photographer will do their best to honour requested photographs but cannot undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

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During a wedding The Photographer will automatically re-take any photograph where they have seen that someone has blinked, but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see everyone. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man made fibres, it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye.

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The Photographer will perform a level of editing/retouching on some images, and is happy to accommodate a reasonable number of requests for additional editing. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements. Requests for time-consuming additional editing on more than ten images may incur an additional fee, to be agreed by the Client and Photographer.

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HOUSE RULES:
The guidelines of the ceremony official and the reception site management limit The Photographer. The Client agrees to accept the technical results of their imposition on The Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; The Photographer will offer technical recommendations only.

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EXCLUSIVITY:
The Photographer shall be the sole professional (still) photographer(s) at the venues specified.

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DELIVERY:
Once a set of high resolution digital files have been delivered, the responsibility to preserve the images passes to The Client, and the decision whether The Photographer will keep a copy or not will be entirely at The Photographer’s discretion.

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COPYRIGHT: 
The 1988 Copyright Act assigns the copyright to the photographer. It is contrary to the Act and strictly illegal to copy or allow to be copied, any photographs covered by this contract. The Photographer grants The Client permission to make copies of the images under the conditions that the images taken by the Photographer are for personal use by The Client and their friends and relatives. The Photographer will provide The Client with a print licence as proof of this permission. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from The Photographer.

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MODEL RELEASE:
The Client hereby grants The Photographer the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by The Photographer and considered standard by the wedding industry.

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AMENDMENTS:
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and The Photographer at the time of acceptance of this contract shall be recognised as amendments to this contract.

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In the event of any dispute regarding this contract, both parties agree to attempt to obtain a conciliation before taking any other action.

By completing this document you are entering into a legally binding contract and you are urged to read the terms and conditions carefully.

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