Terms & Conditions

As part of the conditions of the Contract, ‘The Photographer(s)’ shall mean Michelle Stainer trading as ‘Chelle Photography’ or subject to condition 7 below, another suitable photographer as appointed by Michelle Stainer.

The client(s) are those whose name appears on the contract and if the client(s) arrange for a third party to meet the costs of this contract, then the contract still remains with the client(s) and not the third party.

The Contract is subject to the conditions as listed below and cannot be varied unless otherwise previously agreed by the Photographer(s) in writing and in advance of the contracted wedding date.

1.Copyright

The Copyright Designs and Patents Acts gives the copyright of the images to the photographer(s). It is therefore contrary to these acts and illegal to copy, or allow to be copied any images taken by the photographer(s), either by computer, internet photographic or any other means.

2. Display

The client(s) hereby allow the photographer(s) to display any photographic images covered by this contract and to general use these images to promote the business in advertising, brochures, magazine articles websites and other such material. These images will and must be used lawfully and without damage to the client. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. We do however need to stress that it is impossible to prevent the most determined and skilled persons from very rarely accessing these galleries although we do our very best to prevent this from ever happening.

3. License, Coverage and Reproduction

The photographer(s) shall be granted artistic License in relation to the poses photographed and the locations used. The photographer(s) judgement regarding the location, poses and numbers of shots taken shall be deemed as correct.

All photographs taken during the course of the event will be at the judgement and discretion of the photographer(s) although we shall make every effort to meet the requirements of the client at all times.

The photographer(s) will do their level best to photograph all individuals and family members as requested at some point. Although we cannot accept responsibility on the occasion of leaving somebody out.

For a booking involving a Church ceremony or indeed at certain venues, the photographer(s) movements and license can be somewhat restricted by the Minister or official in charge. Thus the area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) preference and in such cases the photographer(s) cannot accept responsibility for any obstructed views or poor photograph quality. The use of artificial lighting may also be restricted or prohibited and photographing of some or even all of a ceremony may not be permitted. We strongly advise the client to obtain the correct authorisation and make the necessary checks and then inform the photographer(s) at the earliest opportunity prior to the date of the ceremony.

For a wedding or other event the photographer(s) shall endeavour to do their best to capture as much of the days events as possible. However because of the nature of the event some moments may not be recorded for logistical reasons, although we will do our best.

Please note that any alterations made to the booking by the client(s) once all of the details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of a ceremony date) the photographer(s) may be unable to attend or accommodate these alterations due to a conflict of commitment. Under these circumstances we are not liable to compensate the client(s) in any way at all.

Due to a variety of lighting conditions and the limitations of professional film and digital sensors some colours may alter through a set of photographs and we need to make the client(s) aware that certain colours do not reproduce exactly on photographic paper.

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 vary slightly in colour balance.

All prints and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).

Although all equipment is checked regularly and reasonable steps are taken to ensure that backup equipment is available, the photographer(s) will not be held responsible for photographs that are not produced due to technical failure either at shooting or processing stage.

Where images are made available for use with a personal computer, the default operating system shall be Windows XP Home Edition. Products may not function on other or earlier operating systems.

Also, Where images are made available for use on a DVD Player, reasonable steps are taken to ensure compatability, but DVD Discs may not play on all DVD Players, particularly older models.

4. Price

All standard photographic services and optional extras as specified on the BOOKING FORM and Paid for in full before the date of the wedding are supplied at the prices quoted on the date of signing the contract. Any optional extras not paid for in full before the date of the wedding are supplied at the price quoted at the time that the ‘extras’ are requested. Optional extras paid for after the signing of the contract shall be added to the contract in the ‘Extras’ section.

In some circumstances the client may be liable to pay any additional expenses incurred by the photographer(s) that are not already included within the contract price. For example access fees charged by some venues or costs for dispatching products and prints to non UK addresses. These fees are added at the discretion of the photographer(s) and the client will be advised in full of these fees before any final billing is agreed and invoiced.

5. Payments

Once the client has made the decision to employ Chelle Photography for their event, a Non Refundable deposit of £150.00 is required. Currently this can be paid by Cash, Cheque, Bank Transfer or by using the Paypal Online system.

The client will then be issued a copy of their contract together with a receipt for the deposit. The deposit will form part of the total cost of your ‘Plan’ and will be deducted from the final balance due. This deposit shall be refundable during the statutory 14 day ‘cooling off’ period. This allows you to cancel in full with a full refund within 14 days of the date of the contract. Should you wish to cancel before the 14 day cooling off period please advise us in writing as soon as possible. We shall endeavour to deal with your refund as soon as possible.

Please allow sufficient time for cheques to clear.

Non receipt of the full balance by the due date will be deemed cancellation of our services and the contract by the clients.

All additional goods must be paid for in full on ordering. This includes extra prints, albums, rendering of images, DVDs, special editing high resolution digital files, high resolution long term galleries and any other services ordered after the event.

Title to all goods remain the with Chelle Photography / Michelle Stainer until paid for in full by the client.

6. Complaints

Any complaints must be received in writing within 10 days of receipt of products purchased. This includes photographs, discs, albums, frames and any other special services that have been agreed.

We aim to deal with all complaints as soon as possible.

7. Anomalous Incidents

The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control, ie; sudden illness, injury, victim of crime. The photographer(s) may contact other photographer(s) in the rare event that they are not able to attend your booking (as in Clause 7). However, it may prove difficult or not possible to find a skilled replacement photographer at such short notice or at the same cost.

In the rare event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (re-shoots can be arranged if practicable). The photographer(s) will not be responsible for costs in order to stage re-shoots and the photographer(s) liability shall be limited to a full refund of any deposits and fees paid. In very extreme cases a full refund shall be given.

8. Liability for Digital Files & Products

The negatives and digital files shall remain the property of Chelle Photography/ Michelle Stainer and shall be kept by them for not less than 24 months from the wedding/event date.

Should negatives and digital files be lost, damaged or destroyed, the photographer(s) liability will be limited to a pro rata refund of fees paid, but are not liable for any goods already received/supplied.

No refund will be given for any negatives or digital files lost damaged or destroyed after 24 months from the date of the wedding/event.

All orders should be placed with the photographer(s) before the end of a 12 month period, starting at the wedding/event date unless otherwise agreed in writing. The photographer(s) will not be liable for failure to supply any orders placed after that date.

Any pre paid product credits, ie; albums and prints, not utilised by the clients within the specified 24 months of the wedding/event date, will apse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer(s) and sent by standard Royal Mail to the last known address of the client unless otherwise agreed.

9. Cancellation Fees

Should the client have to cancel a booking the following cancellation process shall apply;

a.  Cancellation within 14 days of the booking and with more than 3 months to go until the wedding/event date, the non refundable deposit shall be returned in full.

b.  Cancellation with less than 3 months to go until the wedding/event date (and after the 14day cooling off period) will result in a loss of the clients deposit. If the client has paid in full at the time of booking then a refund shall be given minus the deposit of £150.00

c.  Where the Photographer(s) are unable to re book in the event of circumstances beyond their control, a full refund shall be given for any fees already paid.

d.  All refunds are given according to certain circumstances and each personal case and are at the discretion of Chelle Photography and the photographer(s).

10. Placing an Order and Receipt of Goods

Any alterations to orders must be notified either by phone, email or in writing within 3 working days of the order being placed. The photographer(s) will not be held responsible for any costs incurred due to alterations to the order made by the client after this time. Should you be using the E mail system to alter your order, please make sure that you request and obtain a confirmation e mail regarding your order, should you wish to use the E mail system.

The main wedding images print order may take up to 6 weeks to complete. Please allow 28 days for delivery of other orders.

11. Privacy

Chelle Photography/ the Photographer(s) may store your data on a private internal database. The data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database please advise us as soon as possible in writing.

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.

13. Insurance

The Client(s) are hereby advised to take out an insurance policy to cover any expenses incurred in the very rare event of cancellation.

I have read and understood the above terms and condition and agree to abide by the terms of the agreement as set out.

I understand that the terms of this agreement cannot be changed unless agreed by Chelle Photography, Michelle Stainer in writing. I realise that this contract becomes effective immediately and agree that the deposit of £150.00 is non refundable. Your statutory rights are not affected.

Bride

Print Name

Signature

Groom

Print Name

Signature

Date;

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Office use only

To be signed on behalf of Chelle Photography

 Signature

Date;