Terms of Business
Terms and conditions of business June 2018
In these terms and conditions (“Terms”) “we” and “our” and the “Photographer” shall mean Dale Zimmermann trading as Dale Zimmermann Photography of 16 Hunnable Road, Braintree, Essex, CM7 2NU. The “Client” and “you” and “your” shall mean the client/s as set out in the attached booking form (“Booking Form”).The photographer and the client shall together be known as the “Parties”.
These Terms together with the Booking form set out the terms upon which the Photographer agrees to provide wedding photography services (“Services”), constitutes the whole agreement and understanding of the Parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms and the Booking Form. The Services to be provided are specified in the Booking Form.
Each party acknowledges that, in entering into these Terms it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in these Terms. Each party agrees that all liability for and remedies in respect of any representatives are excluded except as expressly provided in these Terms. Nothing in these Terms shall exclude liability for fraud.
1, CONTRACTING PARTIES
The Services provided are for the benefit only of the party or parties set out in theBooking Form or as otherwise agreed in writing. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) act 1999 to enforce any terms of these Terms unless otherwise agreed in writing.
Where any conflict or inconsistency arises between these Terms and the terms contained in the Booking Form, the Booking Form shall prevail.
Dates are reserved only when the booking fee is paid. This sum will apply towards the contract fee set out in the Booking Form. In order to secure the date and booking, the booking fee must be paid, and a signed copy of the Booking Form and Terms must be returned to the Photographer.
Details of the fees payable for the Services are set out in the Booking Form. A booking fee of 10% of collection total (“Booking Fee”) is required to secure the wedding date and is non-refundable, even if the date is changed or the wedding cancelled for any reason. The balance of the payment for the Services contracted for must be paid for 14 days before the wedding date as set out in the Booking Form. Payment for additional photographs and albums is made when these are ordered.
Payments may be made to the Photographer using the methods set out in the Booking Form.
In accordance with the UK Consumer Contracts Regulations 2013, you have 14 days, from date of signing, in which to cancel these Terms, commonly known as a ‘cooling-off period’. If cancelling within this 14-day period you are entitled to a full refund of all monies paid, including the Booking Fee. If you wish to exercise this right, please make a clear statement in writing to the address provided on the Booking Form. We cannot accept cancellation via the telephone. If services are requested within your 14 day ‘cooling-off’ period, you acknowledge that you are liable for all fees set out in these Terms and the Booking Form.
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client will be liable to pay the Photographer the following sums-
But if we are able to rebook your wedding date you will receive all payments made back. The reason for outstanding payment to be made is due to the high probability that the Photographer will not be able to further book that date.
Should the cancelled wedding turn out to be a postponement, then subject to availability on a new date, 50% of monies other than the Booking Fee may be applied to the new wedding. In the event of the Photographer having to cancel photographing the wedding, due to illness, accident or act of God, any fees paid, including the Booking Fee, will be returned to the Client. In this instance Dale Zimmermann will also do his utmost to provide an alternative photographer from her list of professional contacts.
Regardless of who pays the fee, the Photographer liaises and works with you exclusively. Dale Zimmermann is open to requests from family members both before and on the Wedding Day but any such requests will be subject to your approval.
The Photographer cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, nor by restrictions placed on the Photographer by officials of the church, register office or licensed marriage venues (e.g. not allowing the use of flash, limitations on where photographs can be taken from). The Photographer does not guarantee any specific picture nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The Photographer is limited by the guidelines of the ceremony official or reception site management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. The Photographer will offer technical recommendations only.
7, REQUESTED PHOTOGRAPHS
The Photographer will honour requests for specific photographs subject to the following: weather and time permitting; availability and the co-operation of the person(s) concerned.
The copyright in all photographs created by the Photographer shall remain our property in accordance with the Copyright, Design and Patents Act 1988. The Client(s) shall have no right to reproduce, nor to authorise the reproduction of, by any means whatsoever, any photographs created by the Photographer without our written permission. This includes photocopying, scanning into computer, photographing with a film or electronic camera, including a video camera, and producing either a hard copy on paper, film, or similar medium, and also recording an electronic image on a computer hard disc, or any tape, disk or other recording medium. Nor is it permitted to transmit or allow to be transmitted such images by cable, radio waves or the internet. The Client(s) hereby acknowledges that infringement of the Photographer’s copyright is unlawful and may be a criminal offence. The Photographer accepts no responsibility for the quality and colour reproduced from third party printers of images taken from print release not copyright free images supplied, due to variations in paper and third-party printing processes and profiles. The Photographer provides all clients with a print release so that unlimited prints can be made, but you cannot edit, sell or use them for profit in any way.
All negatives and electronic images created by the Photographer shall remain the property of the Photographer who will undertake to store all such negatives safely and make them available for future reproduction. Photographic prints will become and remain the property of the Client(s). However, the Client(s) specifically acknowledge that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce, or authorise the reproduction of, such images.
10, CLIENT RELEASE FORM
By entering into the Booking Form and these Terms and making the payments due therein the Client has purchased high-resolution digital files from his/her photography session with the Photographer. The Client is hereby granted permission by the Photographer to reproduce the images and make an unlimited number of prints, for personal use only. This permission applies worldwide. The Client agrees that he/she may not use any of the Photographer’s images for commercial or editorial purposes, or enter any of the photographer’s images into competition without the express written permission of the Photographer. The Photographer retains the copyright to all images (see section 8 of the Terms regarding copyright).
11, COMPLETION SCHEDULE
Digital processing and supply of final jpeg files on your password protected gallery takes approximately 4-8 weeks. After the jpegs have been supplied on the online gallery you’ll be asked to select which ones you would like for your the album design process (if applicable and chosen) can only start once the Photographer receives the list for the images to be included in the album. The first design will take 3-4 weeks. Once the design is signed off creation of a wedding album takes up to 12 weeks. The Photographer will notify you of any potential delays.
12, DELIVERY TIMES
Online Photographs: Photographs will be uploaded to your online gallery within 4-8 weeks from the wedding day of the Photographer’s photographs, if a second shooter was hired from one those collections their photographs will be mixed on the main gallery.
USB: The Photographer will deliver jpeg files on your USB at the same time as your chosen prints. (This time period varies on the client to when YOU let the Photographer know your chosen prints selection you receive as part of your collection). The prints for Branded King Shoemaker can be chosen by the client when you are ready, but YOU will not receive the USB till these are chosen or alternatively they can be chosen by the Photographer (No changes will be made to prints if you do not like the Photographer’s print choices).
Albums: Albums, depending on the style and size, will be delivered within 12 weeks from approving final design (this may be longer in peak periods March-October).
The Photographer will supply the album and number of pages that has been ordered subject to any variations that the Client may make. Any variations over and above that originally ordered by the Client will be charged at the rate current at the time of commission, and will be included in the final account. The photographs provided in the album will be the Photographer’s only and no other photographers/second shooters photographs will be put in the album.
The Photographer will supply the photobook and number of pages that has been ordered subject to any variations that the Client may make. Any variations over and above that originally ordered by the Client will be charged at the rate current at the time of commission, and will be included in the final account.
Print choices that you receive as part of your package are to be chosen from the original file numbers at the bottom of each photograph in the gallery which will be ‘your name – date – file number’. The Photographer is not held responsible if the prints ordered are incorrect from the way the numbers are requested to be sent to the Photographer for the print ordering.
16, RETOUCHING/EDITING (PHOTO-MANIPULATION)
The Photographer will edit all photographs in a natural style of editing and will include a few with some fancy actions/effects/colouring on them, these will mainly be photographs of the bride and groom from their couple photographs. If you would like a photo-manipulation doing of someone being removed, alterations of yourself, or any other manipulations will be quoted for separately.
17, COLOUR MATCHING and SIZES
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Photographer will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also 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 within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
18, ARTISTIC STYLE You acknowledge that you have reviewed the Photographer’s portfolio and are requesting services with knowledge of the Photographer’s style; that the Photographer work is constantly evolving; that the Photographer’s services are of an artistic nature; that the photographs may be different from photographs taken by the Photographer in the past; and that in creating the photographs, the Photographer shall use her personal artistic judgement to create images consistent with her personal view of the event, which vision may be different from yours and/or the subject’s vision of the event. Accordingly, the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. The Photographer will endeavour to honour requested photographs but cannot and does not in any way guarantee that any specific background, location or group arrangement will be photographed.
The Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Client agrees to confirm the schedule one-week prior to the event and to send the Photographer a copy of the invitation prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone or email with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by the Photographer shall be the responsibility of Client. In the event Photographer or his/her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to a family member of the client; second offense: the offending person will be required to leave the wedding or event; third offense: the Photographer will end wedding coverage immediately and leave the event, the Photographer shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold the Photographer harmless as a result of incomplete wedding or event photography coverage.
21, WEATHER AND/OR DELAYS
Weather permitting, the photographs will be taken as agreed. In the event of inclement weather, the Photographer, in co-operation with the Client, will make the necessary changes to the schedule and will do her best to produce coverage of the wedding within the time allocated to her. Similarly, when delays occur due to circumstances outside her control, the Photographer will stay on beyond the agreed time but may charge a small additional fee for extra time involved.
22, DATA PROTECTION AND PRIVACY
The Photographer will treat any information which is confidential to you and which we obtain as a result of providing the Services for you as strictly confidential save for the purpose of providing the Services or may as otherwise be agreed in writing.
The Photographer will securely store your name and wedding details contained within the Booking Form in paper copy at the Photographer’s address shown on the Booking Form and on a private internal database. These details will not be made available to any third party. The Photographer will not use your personal details or any photographs from your wedding for marketing purposes without your prior consent (as set out in the Booking Form).
23, STATUS OF PHOTOGRAPHER
The Photographer is not an employee of the Client, but an independent contractor.
The termination of these Terms will not constitute unfair dismissal; nor will the Photographer be entitled to any compensation payments, redundancy payments or similar payments upon the termination of the Terms.
24, EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood that the Photographer will act as the sole and exclusive wedding photographer. The Photographer will bring one assistant to your wedding to help with day and group shots etc. The Client agrees that they cannot hire their own independent second photographer/shooter if one isn’t included with their chosen collection booked with the Photographer. If you would like two photographers for a second photographer/shooter you can only book one through the Photographer at an additional cost.
The Client accepts the Photographer can accept no liability for negative impact caused by guest photography. The formal photography time is for the exclusive use of the Photographer to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the Photographer, guest photography cannot be permitted during this time, and no liability for negative impact caused by guest photography can be accepted during this time. Whilst family, friends and other guests may take photographs throughout the day, you acknowledge that shots taken by the Photographer can be ruined by guest photographers/videographers (e.g. due to flashes from other cameras, sudden obstruction caused by guest photographers/videographers moving get a key shot and distraction of competing cameras causing subjects in group photographs to be looking in different directions), Accordingly the Photographer will not be held liable for any shots unavailable because of interference from guest photography. Videographers may not take still photographs.
25, FOOD AND DRINK
It is agreed by the Client that for any wedding over 4 hours they will provide a suitable hot meal for the Photographer and any assistant and a second shooter /photographer if hired to be consumed while the guests sit for their meal (this does not have to be the same as what you and your guests eat or be eaten with the guests). This is so the Photographer does not have to leave the venue to find some hot food. The Photographer and team will take a break whilst you’re eating during your wedding breakfast. The Photographer and if applicable the second photographer/shooter will return to the room after your wedding breakfast just before speeches. The Photographer does not photograph during meal time or any of people eating.
26, LIMITATION OF LIABILITY
The Photographer takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of your photographs either on electronic media (memory cards or hard drives) being lost, stolen or destroyed for reasons within or the Photographer’s control, liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the fees stated in the Booking Form. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Where there is a technical failure of equipment, whether camera equipment or media such as memory cards, hard drives, USB media or any other storage device in use at the time of the photography session, we shall not be held liable for such failure that is out of our control. Reasonable care shall at all times be taken to ensure equipment is maintained, cleaned and in full working order prior to any wedding event taking place, any failure thereafter shall not present any liability on us for loss of images.
Any complaints should first be raised by you with the Photographer in writing within 14 days from the date of receipt of images. In the unlikely event of an unresolved complaint you may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
You are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
No variation or modification of these Terms shall be effective unless agreed by the Photographer in writing.
These Terms shall be governed by the Laws of England and Wales.