TERMS AND CONDITIONS OF CONTRACT
It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing. The attached Booking Form and Price List is part of this contract together with any invoices rendered as a result of this contract. Please sign and return these terms and conditions and the Booking Form to the Cream Wedding Photography Limited office before any photography can take place. Nothing in this agreement affects your statutory rights.
1 Booking Fee
1.1 The booking fee is the amount payable for the arrangement of, the photo-shoot including the photographer’s time as detailed in your wedding photography estimate.
1.2 The booking fee covers The Photographer’s attendance at the wedding/civil ceremony for the agreed period and our administration/arrangement fees. It is chargeable from the point of the telephone booking. From the point of booking and payment of the booking fee you agree that performance of the contract may commence immediately in order that we can undertake all administration work and secure the services of a photographer for the chosen date and that therefore the right to cancel pursuant to the Consumer Protection (Distance Selling) Regulations will not apply.
1.3 Further, the booking fee is non-refundable in the event of cancellation where such cancellation is received less than 3 months prior to the date of the agreed photo shoot, it being the agreed loss suffered by us and by the photographer due to cancellation. All cancellations or amendments to the booking must be in writing to the address given below. Where the notice of cancellation is received more than 3 months prior to the date of the agreed photo shoot the cancellation fee shall be 50% of the booking fee to cover our administration/arrangement fees. This is not intended to act as a penalty but as a genuine pre-estimate of our losses.
1.4 Should you require the services of the photographer for a period longer than the prearranged booking then his/her time shall be charged at an hourly rate of £50.00.
2.1 The Photographer shall be granted artistic licence in relation to the poses photographed and locations used. The Photographer’s judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of the subjects it may not be possible to capture all of the images requested. We may employ sub-contractors for carrying out any of our obligations under this contract.
3.1 Any products purchased from the Price List can either be purchased on our pre pay scheme at any time until the day before the photography shoot or at any time after the photography shoot. Any items purchased before the shoot shall receive up to 33% discount from the list price. Such goods shall be delivered by registered post, insured to a value of the contract to the address given by you in the Booking Form.
3.2 In relation to any electronic images on disc, we shall also supply a disc of proof images in order to ensure that you are happy with the quality and the nature of the goods. Check these proof images before any security labels are broken or removed from the ordered products and raise any objection within 7 days of receipt if you are unhappy with the nature and quality of the goods. Removal of the security labels from the goods shall be deemed to have been an acceptance by you that you are happy with the nature and quality of the goods and in doing so you shall surrender any rights you have under the Consumer Protection (Distance Selling) Regulations 2003 where such Regulations apply.
4.1 Our products detailed in the price list can be purchased either before the wedding subject to the pre-pay plan or after the wedding and in each case full payment is required when ordering unless a stage payment plan has been agreed in which case full payment will be required prior to delivery. Payment of the booking fee shall be treated as acceptance of these terms and conditions. Any charges incurred in respect of bank charges due to returned cheques shall be payable by you.
5.1 Cream Wedding Photography may display any photographs produced under this contract in their studio, portfolio, literature, display areas, exhibitions, websites, competitions or slideshows.
6.1 All image sizes are nominal. The photographer will endeavour to provide the best colour balance possible but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials. It is sometimes impossible to record by photographic equipment the exact colour as seen by the human eyes. Slight variations of colour can occur between the same image in different sizes, or ordered at different times due to different batches of photographic materials, or resulting from mixed lighting conditions. No single image has a monetary or aesthetic value greater than another. While the photographer will attempt to cover all the shots you require there is no contractual obligation to do so.
7.1 The copyright ( the entire copyright design right rental right, right to authorise or prohibit lending and database right subsisting now or created at any time during under the laws of England and all analogous rights subsisting now or created at any time during under the laws of each and every other jurisdiction throughout the world) shall belong exclusively Cream Business Associates Limited. You shall not be entitled to copy whether electronically or by any other means any image created as part of this contract without our permission in writing. On receipt of payment in respect of the photographs together with receipt of confirmation that you are happy with any proofs provided we will issue you with a Licence to make print copies from the CD.
8 Force Majeure or Act of God
8.1 We shall not be liable for any default (or deemed to be in breach of contract) by reason of any delay due to circumstances beyond our control.
9.1 We shall ensure that the Photographer attends the Venue at the date and time given in the Booking Form.
9.2 In the unlikely event of the Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography.
10 Limitation of Liability
10.1 In the unlikely event of a total photographic equipment failure or cancellation of this contract by either party or in any other circumstances except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, negligence, breach of statutory duty or otherwise howsoever arising shall be limited to the total value of the contract and we shall have no liability to you for indirect or consequential loss and shall have no liability to pay any money to you by way of compensation in excess of the amount that you have paid to us.
11 Entire Agreement
11.1 These terms and conditions together with our invoices and the booking form set out the whole of our agreement relating to the supply of goods and services to you by us. Nothing said by any sales person, agent, employee, director or other representative on our behalf should be understood as a variation or an addition to these terms and conditions or as an authorised representation about the nature and the quality of any goods or services provided under this contract. Save for fraud or fraudulent representation we shall have no liability for any such representation being untrue or misleading.
12.1 If any part of these terms and conditions are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13 Law and Jurisdiction
13.1 The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English Courts to which you and we submit.
14 Third Parties
14.1 For the purpose of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not give any person who is not a party to it any right to enforce any of its provisions.
15.1 I confirm that these terms and conditions were brought to my attention prior to payment of booking fee and confirm I have read, understand and accept these terms and conditions. I understand and accept that Cream Wedding Photography Limited, their partners, suppliers, officers, agents and photographers will endeavour to document the day as fully as possible, although they are unable to guarantee that they will be able to get any particular image or provide a particular product or service. By signing this form I agree to these conditions.
Cream Business Associates Limited
Milford Haven SA73 3LW (Registered Office)
Tel: 0844 414 5404
Company Registered in England & Wales
© Cream Wedding Photography