Terms of Service..
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between WANDER & THYME PHOTOGRAPHY and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties.
2. RESERVATION: Upon your signature, WANDER & THYME PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit of £200.00 (unless otherwise agreed) is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of signing the contract (unless otherwise agreed). The Reservation Deposit is applied towards the contracted wedding photography package. The client understands and agrees that the entire amount owed for the wedding photography package described in the contract is payable no later than 30days prior to the wedding date.
● SECOND PHOTOGRAPHER: In the event that THE CLIENT requires a second photographer for additional coverage on their wedding day, it will be the sole responsibility of WANDER & THYME PHOTOGRAPHY to contract and remunerate an associate photographer of appropriate skill, aptitude and performance to assist in the completion of professional photography services. In the event that a suitable associate photographer cannot be acquired or they are unable to complete their desired duties, this will be communicated to THE CLIENT at the earliest possible opportunity and a full refund for this service will be offered. The limit of liability shall not exceed the agreed upon fee for a second/associate photographer.
3. DELIVERY: After the wedding, WANDER & THYME PHOTOGRAPHY. will provide THE CLIENT with high-resolution, digital copies of the photographs on a physical media device (i.e. USB or Flash-drive). You may print from these files at any time.
4. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the deposit will be forfeit. WANDER & THYME PHOTOGRAPHY agrees to refund all additional paid money (less expenditures for which receipts will be provided)
5. PRE-EVENT CONSULTATION: The parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations. In most cases this can be done over the phone, or via email however in-person meetings can be arranged with appropriate notice for all parties.
6. EVENT GUIDE: The client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
7.PHOTOGRAPHY TIME: In the event that the bride and groom have requested formal photographs, they agree to set aside an appropriate amount of time in order to capture these images at an agreed upon time during the wedding day (weather dependent). The photographer will NOT be held accountable for not producing desired images if an appropriate amount of time is not set aside to facilitate same.
8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. WANDER & THYME PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to WANDER & THYME PHOTOGRAPHY. WANDER & THYME PHOTOGRAPHY recommends that the client designate an "event guide" to identify important individuals to the photographer, whom THE CLIENT wishes to include in formal, informal or candid photographs.
9. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client in a manner enjoyed by all parties involved. The client and WANDER & THYME PHOTOGRAPHY agree that positive cooperation and punctuality are essential to ensure appropriate and efficient coverage. THE CLIENT and WANDER & THYME PHOTOGRAPHY agree that shooting commences at the scheduled time as detailed in this contract of service. Should the ceremony start late due to any reason whatsoever, WANDER & THYME PHOTOGRAPHY will not be held liable for any photographs not taken.
10. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the 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; WANDER & THYME PHOTOGRAPHYwill offer technical recommendations only.
11. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by WANDER & THYME PHOTOGRAPHY are protected by Copyright Law (all rights reserved). THE CLIENT shall receive limited copyright ownership of the resulting images and this will be transferred to THE CLIENT under the following conditions:
· The digital negatives are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
· THE CLIENT must obtain written permission from, and compensate WANDER & THYME PHOTOGRAPHY prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
● MODEL RELEASE: THE CLIENT hereby assigns and grants WANDER & THYME PHOTOGRAPHY and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases WANDER & THYME PHOTOGRAPHY and its legal representatives from all claims and liability relating to said photographs. It is agreed that WANDER & THYME PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in gallery events, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by WANDER & THYME PHOTOGRAPHY.
● EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that WANDER & THYME PHOTOGRAPHY will act as the sole and exclusive wedding photographer. Guests are welcomed to take photos with their own cameras, however, they should not interfere, or hinder WANDER & THYME PHOTOGRAPHY’s services at any time.
● GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ/Entertainment, caterer, etc.) to provide any needed information and cooperation to the photographer. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. THE CLIENT should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
● WANDER & THYME PHOTOGRAPHY will not tolerate verbally or physically abusive behaviour, nor will he share his time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
15. COMPLETION SCHEDULE: Digital processing on photographs can take approximately 4-6 weeks however lead time can take longer depending on schedules and time of year.
16. PAYMENTS: THE CLIENT agrees that a £200.00 deposit is required at the time of contract acceptance and 100% of the remaining balance is due 30 days before the wedding date.
17. FINAL DELIVERY: WANDER & THYME PHOTOGRAPHY will deliver digital images and any additional material once processing is completed. At the time of delivery, WANDER & THYME PHOTOGRAPHY will provide you with your USB or Flash-drive of High Resolution images – Included will be all of the photographs that pass rigorous quality control.
18. METHOD OF REMUNERATION: Payment may be made in cash, Bank Transfer or PayPal.
19. RIGHT OF WITHDRAWAL: WANDER & THYME PHOTOGRAPHY’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non- cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should WANDER & THYME PHOTOGRAPHY initiate the withdrawal, all fees will be returned.
20. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. WANDER & THYME PHOTOGRAPHY will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
WANDER & THYME PHOTOGRAPHY 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 THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond WANDER & THYME PHOTOGRAPHY’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
21. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, WANDER & THYME PHOTOGRAPHY cannot place an unconditional guarantee on the above. WANDER & THYME PHOTOGRAPHY will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of WANDER & THYME PHOTOGRAPHY’s control.
22. PERFORMANCE: The performance of this contract on behalf of WANDER & THYME PHOTOGRAPHY shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strike/industrial action by suppliers, and/or conditions beyond its control to include a public health crisis.
In the event of a public heath crisis, WANDER & THYME PHOTOGRAPHY shall strictly adhere to any regulations and guidance from the local Government authority and/or Public Health Agency (PHA).
● Where mass gatherings (to include weddings and events) are prohibited, WANDER & THYME PHOTOGRAPHY shall strictly comply with the advice given be the aforementioned agencies. Where such guidance is in place whereby mass gatherings are prohibited, WANDER & THYME PHOTOGRAPHY will not attend said event or gathering and will not complete professional duties in any capacity.
● In the event that a mass gathering (to include weddings and events) are recommended not to take place by a local Government authority and/or Public Health Agency (PHA) as a means of preserving health and public safety, WANDER & THYME PHOTOGRAPHY reserves the right to make a final decision on the reasonable completion of professional duties. In the event a decision is taken not to complete professional duties, WANDER & THYME PHOTOGRAPHY shall refund all monies paid by THE CLIENT (to include The Reservation Deposit).
In the event that a mass gathering (to include weddings and events) is postponed due to a public health crisis as a means of preserving public health and safety, it will be the equal responsibility of THE CLIENT and WANDER & THYME PHOTOGRAPHY to negotiate and alternative date. In the event of a rescheduled booking, all previous monies paid (to include The Reservation Deposit) shall transfer to the new booking.
Where a mass gathering (to include weddings and events) is cancelled by THE CLIENT due to a public health crisis instead of postponement or rescheduling, WANDER & THYME PHOTOGRAPHY reserves the right to retain The Reservation Deposit.
23. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
24. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and THE PHOTOGRAPHER at the time of acceptance of this contract shall be recognised as amendments to this contract.
25. PROFESSIONAL IMAGE MANIPULATION: WANDER & THYME PHOTOGRAPHY will allow for limited professional image manipulation (if technically possible); this includes opening of individual’s eyes, red eye removal, de-ageing, removal of people and/or objects, insertion of missing people and/or objects, colour correction, special effects, portrait glamorisation etc. It is understood that if a technicality prevents WANDER & THYME PHOTOGRAPHY from performing requested image manipulation, or if a technicality prevents the final result to meet THE CLIENT’S requirement, THE CLIENT will reside with the fact that WANDER & THYME PHOTOGRAPHY has performed to its best ability with regard to the specific task and that WANDER & THYME PHOTOGRAPHY has no further responsibility towards said image manipulation.