In the following conditions of contract “the photographer(s)” shall mean Prestige Memories Lts or, subject to condition 7 below, any photographers appointed by Prestige Memories Ltd. “The photographer(s)” shall also mean “the videographer(s)” and “images/photographs/prints” shall also mean “videos” where video services have been agreed. “The Client(s)” shall be those whose name appears on the contract. If the client(s) arrange for a third party to meet the costs of this contract the contract remains with the client(s). The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer(s) in writing.
1. Copyright: The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). It is therefore contrary to the Acts, and illegal, to copy, or allow to be copied, by any means photographic, by computer, or internet or otherwise, by any person or machine other than by the photographer(s) or their appointed agents. Commercial clients receive a limited copyright release by prior written agreement, please refer to the terms agreed for your specific shoot.
Client may wish to own the copyright of Photos created this may may be made possible with the consent of the photographer(s) additional licencing fees are to be paid by the client. This fee will mutually be agreed by both parties. The transfer of copyright will only become applicable after payment has been made in full.
2. 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). Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it is impossible to prevent determined persons from accessing these galleries
3. License, Coverage and Reproduction:
a) The Photographer(s) shall be granted 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.
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.
c) The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.
d) For bookings 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 shoot may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts of the event may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official.
e) The photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of events, some moments might not be recorded, or not recorded for logistical reasons.
f) 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 date or time) 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.
g) 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.
h) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour 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.
i) 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.
j) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).
k) 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 products are made available for use on DVD players reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players particularly older models.
n) Where video is made available the delivery format shall be PAL in standard definition on DVD. Compatibility cannot be guaranteed with NTSC or other television formats used outside the UK. High
definition delivery may be available by prior written agreement.
a) All standard services and optional extras specified on the Booking Form and paid for in full before the event 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 fees charged by some venues, and dispatch
of products to non-UK addresses, copyright music, performers fees, Parking Fees.
a) A non-refundable deposit of:
(paid by cheque, credit / debit card, or online bank transfer) along with a completed booking form and contract will confirm your booking. The deposit forms part of the total cost of your Plan (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due.
Payment is due in full BEFORE THE DATE OF YOUR EVENT unless otherwise agreed in writing
You MUST allow sufficient time for cheque clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s). Invoices not settled within 28 days are subject to an additional charge of 10% of the contracted price.
b) 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.
c) Title to all goods remains with Prestige Memories Lts until paid for in full by the client(s).
6. Complaints: any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, frames, videos, and any other special services that
have been agreed.
7. 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 (e.g sudden illness/injury/victim of crime, flooding).
b) The photographer(s) may contract other photographers in the event that they are not able to attend your booking due to clause 7a). However it may prove difficult or impossible to find a skilled replacement photographer who can offer the full service 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.
8. Liability for Digital Files and Products:
a) The negatives and digital files shall remain the property of the photographer(s) and shall be kept for a year from delivery of Photos.
b) Should negatives and 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 negatives or digital files lost, damaged, or destroyed after 6 months from the date of the event.
c) All photography orders for pre-paid products should be placed with the photographer(s) before the end of a 6 month period starting at the date of gallery delivery notification unless otherwise agreed in writing. The photographer(s) will not be liable for failure to produce any orders placed after this time.
All Videography orders for pre-paid products should be placed with the photographer(s) before the end of a month period starting at the date of preview delivery notification 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 utilized by the clients within 6 months of the date of gallery delivery will lapse without value unless otherwise agreed in writing. Any product supplied
will be at the sole discretion of the photographer(s) and forwarded to the last known address of the clients.
e) All information required by the Photographer(s) will be asked for prior to the event, non receipt of these details shall delay the delivery time. It is the Clients responsibility all details are emailed to the Photographer in due time, any incorrect information provided shall not be rectified unless otherwise agreed with the photographer(s)
9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.
a) Cancellation more than three month to go until the event date, the non-refundable deposit – see clause 5a above.
b) Cancellation under three months to go until the event date, 50% of the complete service booked.
c) Cancellation with less than one month to go until the event date, full price for the complete service booked.
d) Where the photographer(s) are able to rebook the date with an equivalent booking, then the cancellation fee may be reduced at the photographer(s) discretion to the non-refundable deposit only and any additional cancellation fees already paid may be refunded accordingly.
10. Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified by email within 48 hours of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this
b) Allow 6 to 9 months for delivery of orders. Where you choose to design a photo album through Prestige Memories, or where you are to receive a video you will be notified of the estimated completion date on a case by case basis.
c) The photographer(s) must be notified either by email 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) Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
11. Privacy: Prestige Memories may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
12. Governing Law: 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 jurisdiction of the English courts.
14. On the day:
a) The photographer is the only authorized photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by friends or relations, contracted by magazines or newspapers), unless agreed before the day.
b) The photographer is contracted to shoot all photographs relating to the event, it is the clients responsibility to ensure all other parties including guests, do not obstruct the Photographer(s) in anyway
c) Third Party equipment ie DJ / Other Videographers / Stage Lighting etc may compromise the quality and breadth of your stills photography / Videography.
d) An inconsiderate attendee can wreck the record of your event and we will speak with the client whereever possible. Coverage may be cancelled without warning at the discretion of the photographer if the photographer feels threatened or has reason to believe that equipment may be damaged.
15. A second photographer and assistants may attend large or complex events.
I have read and understood the above and agree to abide by the terms of agreement set out. I understand that the terms of this agreement cannot be changed unless agreed by Prestige Memories in
writing. I realize that this contract becomes effective immediately and agree my deposit is not refundable and cancellation rates will apply in the case of any cancellation by me (your statutory rights and credit
card issuer protection are not affected).