It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by 5D PHOTOGRAPHY (also called “the Photographer”) in writing.
Where applicable, a non-refundable £150.00 booking fee is required to secure the time and date agreed. This sum will apply towards the contract fee. Images are subject to full COPYRIGHT until the final balance is paid. Please make cheques payable to “5D Photography” or you can pay by BACS / e-banking - Sort Code: 30-66-76 Account Number: 15258362 using your Surname / Company Name as reference. The remainder of the balance outstanding for the chosen package is due for payment 30 days before the event date.
In the event of the Client cancelling a booking 5D PHOTOGRAPHY reserves the right to charge a cancellation fee in accordance with the following scale:
10% of the agreed fee if cancelled between booking date and 6 months prior to the Event date
50% of the agreed fee if cancelled less than 6 months prior to the Event date.
100% of the agreed fee if cancelled within 7 days of the Event date.
Should the cancelled Event turn out to be a postponement, then subject to availability on a new date, monies other than the booking fee may be applied to the new Event. In the event of 5D PHOTOGRAPHY having to cancel photographing the Event, due to illness, accident or act of God, any fees paid, including the deposit, will be returned in full to the Client. In this instance 5D PHOTOGRAPHY will do their utmost to provide an alternative photographer from our list of professional contacts.
Any damage to 5D Photography equipment or services caused by the Client or persons associated with the Client and the Client’s event will be charged at cost of replacement.
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 arrangements and changes to the schedule and 5D PHOTOGRAPHY will do their best to produce coverage of the Event within the time allocated. Similarly, when delays occur due to circumstances outside of 5D PHOTOGRAPHY control, the photographer will stay beyond the agreed time.
PLANNED / REQUESTED PHOTOGRAPHS
5D PHOTOGRAPHY will honour all requests for specific photographs subject to the following: weather and time permitting; availability and the co-operation of the person(s) concerned.
5D PHOTOGRAPHY cannot be held responsible for the lack of coverage caused by the lack of resources provided by the Client not being ready on time, nor by restrictions placed on the photographer by officials, venue / property owners or equipment failure. 5D PHOTOGRAPHY 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 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. 5D PHOTOGRAPHY will only offer technical recommendations.
COLOUR MATCHING and SIZES
Owing to photochromatic anomalies caused by a combination of light, certain dyes and materials, especially in man-made fibres or electronic equipment, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, 5D PHOTOGRAPHY 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.
The copyright for all photographs created by 5D PHOTOGRAPHY shall remain the property of 5D PHOTOGRAPHY in accordance with the Copyright, Design and Patents Act 1988. The Client is granted full reproductive rights and may use and distribute the images freely as procured as part of this Contract.
DIGITAL IMAGES / VIDEO
All digital images created by 5D PHOTOGRAPHY shall remain the property of 5D PHOTOGRAPHY who will undertake to store all such images safely for a period of 3 years from the Event date and make them available for future reproduction for a charge of £25.00 per copy.
Online Images: Images will be uploaded to the 5D Photography website gallery within 14 days from the Event date (with agreement this may be longer during peak periods). Electronic Transfer of Images: Images will be delivered via an email download link provided to the Client. Event Albums: Albums, depending on the style and size, will be delivered within eight weeks from the agreed go-to-print date with the Client.
SELECTING YOUR IMAGES
This contract will not be deemed complete until your Images have been delivered.
The Client hereby grants to 5D PHOTOGRAPHY and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or Client’s property in which the Client or Guests may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases 5D PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. 5D PHOTOGRAPHY will assume full rights and permission from the Client to publish images, the Client has the right to refuse national publishing, in writing.