Terms and Conditions
This agreement contains the entire understanding between the Photographer (Mary W-Thomas Photography) and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. Form here, Mary W-Thomas will be referred to as 'photographer'.
A deposit fee of £200 is required for all photography sessions on the receiving the contract. This is a non- refundable deposit. In the event of cancellation, the deposit paid is non-refundable. It shall be liquidated for damages to the photographer in the event of a cancellation, or breach of contract by the client. No date is reserved until a deposit is received. The deposit shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid 14 days before the event, unless it is less than 30 days, then the balance shall be paid on the date of booking. If final payment is not received, the photographer will not be expected to attend said event.
In the highly unlikely event that the photographer becomes unavailable, another photographer will be provided if possible or a full refund, including deposit will be issued.
If the client does not notify the photographer of any changes that may affect the day, or the outcome of images, the photographer will pursue full payment. The photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the photographer.
If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the clients and the photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the photographer of the cancellation.
The photographer and/or any photographers hired by the photographer to photograph shall be the exclusive photographer(s) retained by the client for the purpose of the photography. Family and friends of the clients and other event vendors shall not interfere with the photographer’s duties but are welcome to take images. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Failure to Perform
The parties agree to cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions.
The photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the photographer will be used for organisational purposes only.
The photographer will do its best to fulfil all requests but can make no guarantees all images will be delivered. The photographer recommends that the client point out important individuals for informal or candid photographs to the photographer during shooting that they wish to have photographed. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the photographer. Clients are responsible for all location fees and permits.
The photographer kindly asks that the client get in touch with the photographer two weeks prior to the date of the event in order to touch base and go over last-minute details. The Photographer will make every effort to contact the client, but it is the client’s responsibility to contact the Photographer to confirm all events and times.
The negatives and or digital images (hereinafter collectively the “images”) created by the photographer and/or subcontractor(s) remain the property of the photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the photographer.
The photographer retains the copyright to all images produced by the photographer and/or the photographer's subcontractors regardless of the format in which such images are made available to the client. The client understands the images are provided for personal use only and cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as copyright works of the photographer.
The images may not be cropped, edited, touched up and filters may not be applied (including from Instagram and other social media).
If the images are posted on social media (Facebook, Instagram, Pinterest, Twitter etc), the photographer must be credited using the business name, ‘Mary W-Thomas Photography and their online platforms. Instagram: @_marywt Facebook: https://www.facebook.com/mwatlerthom/ Website: https://www.marywthomas.com/
The photographer may use selected photographs on their website and in self-promotion materials. Unless stated otherwise and the contract has been signed, it is assumed that permission has been granted.
The images (minimum of 400) will be made available for purchase via an online and viewable gallery.
Creative License and Delivery of Images
Editing style will be chosen by the photographer. Images are edited at the Photographer’s discretion, and delivered digital images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
All the images taken on the day (the RAW files) will not be available for purchase and will be securely wiped one (1) year after the images are made available to the client.
Turn around time is between 6-8 weeks after the wedding date but sneak peeks will be sent shortly after the day.
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. On its own behalf, and on behalf of the subject, 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 her personal artistic judgment to create images consistent with her 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.
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 our 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.
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.
1. All personal data provided to the photographer by the client will be used by the photographer solely for the purpose of performing its obligations under this Agreement and in compliance with data protection legislation.
If the photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the photographer shall return any moneys paid by the client, less deposit fee and expenses, but shall have no further liability with respect to the agreement.
Save if and to the extent that such liability cannot legally be excluded or limited, the photographer’s total liability arising under or in connection with this Agreement shall not exceed the fees paid by the client.
The client agrees that it will accept liability for any loss or damage to the photographer’s equipment which is caused by any deliberate or negligent act of the client or any attendee at the event at which the photographs are taken.
By completing this document you are entering into a legally binding contract and you are urged to read the terms and conditions carefully.