Photography & Videography Terms & Conditions


The following Terms and Conditions:


 “Business” shall mean  One Vision Photography & Videography
 “Client(s)” shall mean “You”, the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean  One Vision Photography & Videography
“Products” shall mean any discs, albums or other items listed in the Contract;
 “Services” shall mean photography and Videography to be carried out at the Event and any other Services agreed upon between the Client(s) and the Photographer and Videographer and set out in the Contract;


It is agreed that the following terms and the Contract set out the entire agreement made between the parties and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.  Each party acknowledges that, in entering into the agreement, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.


Booking Fee
The Photographer(s) will confirm the Event, Date, Time, and Services upon receipt of cleared funds regarding the Booking Fee.  The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.  


Payments
One Vision Photography and Videography will be in contact with you approximately [4 to 8] weeks before your event to arrange a pre-event appointment if this is deemed necessary.  Any remaining balance is to be paid by that meeting date.  


All payments must be received in cleared funds before the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:

 

  • The same amount as the booking fee is due 12 months before the event date; the remaining balance is due by the pre-event meeting or 30 days before the event if a pre-event meeting is not held.

  • Payment for any additional images or products must be made at the time of order.

 

Failure to make payment by the dates stipulated may result in cancellation. Bank Transfer (BACS) payments may be accepted by prior arrangements.
Late payments will attract an administration charge of £10.00. No photographs, Videos or albums will be delivered until all payments have been received in full in cleared funds. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.  


License and Coverage:
The Photographer(s) shall be granted an artistic license in relation to the poses photographed and the locations used.  Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgment regarding the location, poses, and number of photographs taken shall be deemed correct and not subject to dispute.


For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.


While the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for the non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.


Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as a change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.


Use and Display of Images
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract, you consent to the use of such images.  Images placed in password-protected galleries within the website are not available to the general public in the normal course of events.  Other than via the password-protected gallery, the photographer(s) agree not to resell any image to a third party other than with prior written consent.


Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the Photographer's discretion (s) and may be subject to slight variation.  While every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.


Due to the limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specifications of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a USB Memory Stick, reasonable steps are taken to ensure compatibility, but you acknowledge that USB may not play on all USB Sticks players, including those within computers. You will also have your own personal video platform so you can share the videos and download them if you wish.


Only quality branded USB sticks are used, and each is checked before delivery.  However, it remains the responsibility of the clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.


Retouching
Retouching, digital manipulation and artist finishing are available to the Client as an optional extra.


Reorders
All reorders shall be treated as an extension of the Contract, and no responsibility for any error will be accepted unless orders are provided in writing.


Products
In the event a product (such as an album) is no longer available, a suitable alternative of similar quality will be offered.  The photographer’s choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following a rejection of a replacement will be the Client's responsibility (s).


Ownership
Any negatives and digital files shall remain the sole property of the Photographer(s) at all times.  
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.


Copyright
Any images or copies of images, whether stored digitally or otherwise and any computer program, including any source or object code, computer files or printed documentation relating to such images, are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) at all times unless there is an express written agreement to the contrary.  It is contrary to the Act to copy or allow an image created as part of this contract to be copied photographically, electronically, or by any other means without the written permission of the Photographer(s).


Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, One Vision Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.


Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of total photographic failure or cancellation of this Contract by either party or any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential loss.


Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.  A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.  For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services, and any of the Parties fail to attend.

Cancellation
The photographer (s) has to cancel the Event due to circumstances beyond his/her control. The full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible, a re-shoot may be arranged (if practicable); however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).


Should the Client wish to cancel this contract at any time, a Notice of Cancellation must be given in writing to the Photographer (s).  In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

  • Notice received 365 days before the wedding date or more: Booking Fee only.

  • Notice received less than 365 days, but more than 182 days:25 % of the agreed balance due will be payable.

  • Notice received of 182 days but more than 122 days: 50% of the agreed balance will be payable.

  • Notice received of 62 days or less: 100% of the agreed balance will be payable.

 

Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000, and the date of cancellation will be deemed to be the date the Photographer(s) receives a written Notice of Cancellation, as confirmed by the Photographer.


Where an Event is postponed until a later date, the postponement will be treated as a cancellation by the above payment structure. If the photographer can accommodate the date, a 50% allowance of the amount due will be transferred to that new date, and a new contract will be commenced.

Album Design and Print and USB sticks

A maximum of two edits will be included. Any extra edits will be charged at the current hourly rate. Once this has been agreed, it will be sent to the Album manufacturers for completion. No further editing can take place after this time, and the full cost of the album will be liable, and any further changes requested will incur extra costs.

One Vision Photography will not be held responsible for customer disappointment with the agreed album and images as long as they are technically acceptable and will face no liability.

Clients should be aware that colour dyes in photography may fade or discolour over a period of time due to the inherent quality of dyes and insufficient care and preservation of prints and albums.

The photographer will not be held responsible for damage to albums and prints that were dispatched undamaged.

Due to technical processing, One Vision Photography cannot guarantee exact colour matching.

One set of album changes for the second proof is included with every package, after which a £30 charge per album proof is charged.

One Vision Photography will not be held responsible for the print selection, Name, Date or personal information errors after the album has been approved by the client and sent to print.

All albums, proofs, disks, etc, should be collected in person from One Vision Photography or an address confirmed by the client for delivery.

All albums and images need to be kept at room temperature and stored in a box, away from heat and direct sunlight; all listed will reduce the life of your album and images. The One Vision Photography accepts no liability.

One Vision Photography may take no responsibility for the slight colour change from proofing to final completed images. Under no circumstances can we guarantee that the colour of the proofs supplied and the colour of the final images will be exactly the same.

One Vision Photography accepts no responsibility for the reliability of the post. We cannot be held responsible for the loss or damage of mail, prints, albums, frames and disks etc that are sent through the post. A courier service can be arranged; the client shall reimburse One Vision Photography for the charges incurred.

The Client must consult with One Vision Photography to approve the chosen images for the album and approve it before it’s sent to print. Errors after client approval are not the responsibility of One Vision Photography, and reprints are at the cost of the client.

One Vision Photography holds no liability in the event of loss of images or data and any other related medium.  This is the failure of hard drives, theft, accidental damage, accidental deletion, fire and any other uncontrollable circumstance that results in the loss of images. All clients are to purchase their images digitally straight after the wedding to create personal backups for their own security.

GDPR-compliant privacy policy

Personal Data - Collect

collect your name so I don’t get my clients mixed up, your email address so I can communicate with you, your mobile number so I can call you to find you on the wedding day. I may ask for your best man's or mother's number as well just in case, (wedding dresses don’t have pockets!) I also store your wedding date so I know then to turn up. All of this is necessary for me to do my job.

How I Collect and Keep Your Personal Data
When you contact me I ask that you fill in my contact form linked here, which arrives in my inbox that is protected with an impossible-to-remember password. If you go ahead with booking me, I will store the information from the booking form you will fill in, linked here. This data is stored on my password-protected computers. If you enquire but don’t book me, (of course you’re not going to do that, are you?) Your personal data from your email will be deleted as though the whole encounter never happened.
BLOG COMMENTING

I have a blog on my website where I showcase breath taking wedding photography. If you comment on it, everyone can see it, its great. But don’t write down your personal credit card details there, I do filter comments so I aim to catch anything that was unintended but just so that you know.

RIGHT OF CONFIRMATION, ACCESS, RECTIFICATION & ERASURE

If you have questions about how your personal data is handled, you can email me, and I will quickly write something up. I’m happy to show you the information I have on you, and unsurprisingly, it’ll probably be exactly the same thing you’ve told me. If some of the information is wrong, you have the right to correct it, and I would definitely recommend this because neither of us wants me to turn up at the wrong wedding! If you’d like me to delete all your personal data, you have the right to request it, but I wouldn’t recommend asking before your wedding; otherwise….. well I may not be able to find you. I definitely need to know stuff about you to work for you. I do need to keep a copy of the booking form for seven years just so that I can prove to the taxman your wedding was legitimate and that I was not money laundering for the drug barons.

USE OF YOUR DATA

This summary is that I’m just out trying to do the right thing. I will definitely use your email to email you about your wedding. I wouldn’t give your email out to anyone else, I won’t even give it to another photographer who may be needed to attend your wedding with me! Though I might give them your mobile as a safety net, so they can find you as well.
I have no database with client emails, it sucks that wedding photography is not a repeat business! I don’t send round-robin Christmas messages or have any Viagra to sell. I don’t share client details; I manage my business alone, and only I have access to my computers. I do need to keep a copy of the booking form for seven years just so that I can prove to the taxman your wedding was legitimate and that I was not money laundering for Sedan.

I have a feedback form asking you for your thoughts and experiences of having me attend and shoot your wedding photos. This kind of info was hopefully really helpful for you to find and choose me as your photographer; you aren’t obliged to fill it out and what you write in there may be edited into content for a blog feature or testimonial. Any and all information I request from you is entirely voluntary but greatly appreciated by people like you trying to find the right wedding photographer.

Sometimes your wedding looks better than in the magazines, an independent wedding blogger or magazine may ask my permission to give your wedding a spotlight. Nothing can happen without your consent, so don’t worry, you will have the choice. At the same time, I can’t guarantee it will be a “Hello” front cover.

 

USE OF YOUR FACE-BASED DATA

When it comes to photographs, the EU hasn’t been particular about what all this means for working photographers coping out with the “need to demonstrate reasonable and legitimate use”. This is generally being interpreted as a photographer needing to display their work to show their product to attract new business.

Copyright ownership of photographs is covered in the terms and conditions on my booking form. It does not affect your GDPR rights.

This is how I use my photos to run my business. I show my work primarily on this website but also on facebook and instagram. If you have got to this page you have probably looked at my photos of real weddings on these variously dubious platforms to get here. It is my job to make you guys look good. I hope you would be thrilled to share a few pictures, which is why I do ask couples to opt into this in my booking form, but you can always decide to keep your wedding private. At the end of the day I’m not a egotist that needs to post and get likes for every picture I shoot. I respect that some people don’t want to be on the Internet.

Sometimes wedding venues and suppliers see my pictures and go “wow I love that, its so beautiful can I put that on my website?” Usefully they have looked straight past you guys and are gufforing at the cake they made or the cool angle of the venue they run. Like me they are all trying to create the best possible experience for their clients, and I like to help people out. If you happen to be in the picture as well? It’ll never be without your consent. Bottom line… I won’t sell your wedding photos to the highest bidder.

I store my wedding photos on hard drives in a secret location that is locked whenever unattended. You are welcome to inspect it, but I will have to blindfold you so the location remains secret. I also store a copy of your wedding photos with an online gallery provider that is GDPR compliant. This gallery may ask for your details if you wish to order prints or other services directly on one line. That then becomes their GDPR compliance.

The new EU regulations require me to do stuff that I was pretty much doing anyway, but I have to tell you about it. I guess the purpose is for you to know I’m ok and can be relied on if you change your mind about anything to do with the info you have shared with me.


Complaints 

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall respond to the Client within 14 days of receipt of the Complaint.  In the unlikely event of an unresolved complaint, the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.


Notices
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract. 


Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.