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Terms and Conditions
It is agreed that this contract will govern terms and conditions
on which Silhouette Photographers, the photographer/s will take
images of the Clients wedding (details of which are attached) and
it is agreed that this contract sets out the total contract made
between the parties and that no variation or modification of this
contract shall be effective unless agreed by both parties in
writing. 1.Deposit Fee A non-refundable deposit fee is charged when The Client signs the contract. 2.Payment Following payment of the Deposit Fee the remaining balance is due to be paid on or before the due date for additional images is to be made when they are ordered, for the prices stated upon the order. Additional images are not included in the Price. 3.Display The Client hereby allows Silhouette Photographers, the Photographer/s to use any image/s taken pursuant to this contract in their studios, portfolios, literature, wedding exhibitions, publishing, advertising or in any other way. For the avoidance of doubt all copyright in the images are owned absolutely by The Photographer within the provisions of the Copyright ©, Design and Patents Act 1988. It is contrary to this Act to copy or allow to be copied photographically, electronically or by any other means any image created as part of this contract without the express permission of The Photographer/s. 4.Images 4.1 All images sizes are nominal. The Photographer/s will provide a pleasing colour balance but the Client accepts and agrees that Photographer/s cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially in man made fibres and that it is sometimes impossible to record photographically the exact colour seen by the human eye. 4.2 If in the unlikely event that the client, adverse weather conditions or any unforeseen circumstances significantly reduce the number of photographs which were due to be taken on behalf of the client, then Silhouette Photographers or their Photographer/s cannot be held responsible/liable for such events. 5.Reorders All reorders shall be treated as an extension of this contract and will be charged for at the Photographer/s prices prevailing at the time of the reorder. No responsibility or error will be accepted unless orders are given in writing. 6.Licence 6.1 The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographer/s judgement regarding locations/poses and the number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of the subject/s it may not be possible to capture all of the images requested by the client. 6.2 If a Client has any special requests for Images, then no less than 14 working days prior to the date of the wedding the Client shall supply a written list to the Photographer/s setting out the number of images the client requires identifying those people who should appear on the images with a brief description of the setting and background ("the Specification"), although the total Images provided by Silhouette Photographers or their Photographer/s will not be more than agreed in the photographic package the client has requested, but if required can be purchased separately as detailed in Clause 5.. 6.3 The Photographer/s shall use all reasonable endeavours to take those images specified by the Client pursuant to the Specification. 6.4 Notwithstanding the provisions of clauses 6.1, 6.2 and 6.3 if, for any reason, The Photographer reasonably deem it unreasonable in the circumstances to take any images which have been requested by the client then The Photographer/s shall, at their sole discretion, exercise their right to take such other images as they deem reasonable in the circumstances. 6.5 If, in the opinion of the Photographer/s, the Client does not provide a written list of sufficient detail (as detailed in Clause 6.2) to enable the Photographer/s to comply with the specification (or if the client does not provide such a list at all), within the timescale detailed at 6.2 then the Photographer/s may exercise their discretion and take such other images they deem reasonable in the circumstances. 7.Force Majeure or Act of God The due performance or alteration of this contract is subject to alteration or cancellation by either party owing to circumstances beyond their reasonable control. 8. Limitation of Liability In the unlikely event of total photographic failure or cancellation of this contract by either party or in any other circumstances the liability of one party to the other shall be limited to the Price. Neither party shall be liable to indirect or consequential loss. 9.Cancellation 9.1 The client may cancel this contract at any time after it has been signed by sending a written notice to the Photographer/s. 9.2 If the Client notifies the photographer/s more than 6 months before the date that the wedding is to take place then the Photographer/s shall reimburse the Client 50% of the agreed Price, as is more clearly defined in Clause 9.3. 9.3 If the Client notifies the Photographer/s that they wish to cancel the contract at any time prior to the date of the wedding then the amount of compensation that they shall receive shall be calculated as a proportion of the Price in accordance with the table below: (detailing the amount refunded to the client)
9.4 The photographer has the right to cancel this contract, in the event this contract is cancelled by the photographer for any reason the liability to the client is limited to and not exceeding the total amount paid by the client in respect of this contract and any monies paid shall be refunded in full within 14days. 10. Negatives/Digital Files Negatives and Digital Files remain the property of the Photographer/s. 11. Prices All prices are fully inclusive of VAT (if applicable) 12.Complaints 12.1 The Client shall notify the Photographer/s in writing within 7 days of the receipt of the final form images if they have a complaint setting out the nature of the complaint in sufficient detail so as to make it clear to the Photographer/s the nature and reason for the complaint. 12.2 If, upon expiry of the 7 days period referred to in Clause 12.1, the Photographer/s have not received a complaint then it will be deemed that there is no complaint and therefore the Photographer/s will have no complaint to answer and are not liable in any way. 13. Charges When a payment given by a client is not cleared or has been refused for any reason by the bank, any charges incurred by the Photographer/s will be passed on to the client. |