1. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
2. Booking Fee (deposit)
The Booking fee (of £100) secures the date, time and services of Robert James Smythe Wedding photographer, and is non refundable or transferable in the event of cancellation, it being the agreed loss suffered by the Photographer due to cancellation. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time. A lower deposit may at times be agreed by Robert James Smythe Wedding Photography, this being the case the balance of the full deposit must then be paid within 2 weeks to fully secure the date, time and services of Robert James Smythe Wedding photographer.
Following payment of the booking fee, half of the remaining balance is due 6 months before the wedding, with the full balance due 8 weeks before the wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images/services is due upon ordering of those items. Preferred method of payment is via BACS online money bank transfer, or by cash.
Robert James Smythe Wedding Photographer may use any images included in this contract in their studio, web site, social media, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows, unless expressly denied in writing by the Client. In line with GDPR, we will discuss this with you at your Couple Consultation and completing our Model Release form.
All image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
The Photographer will retouch, digitally manipulate and finish according to his own discretion. Any retouching, digital manipulation or finishing which is requested by the Client may be subject to an extra charge at the discretion of the Photographer.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
All images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act of 1988 and remain the copyright of Robert James Smythe Wedding Photographer. It is contrary to the Act to copy or allow to be copied photographically, electronically or by another means an image created as part of this contract without the permission of the Photographer in writing. It is understood that the USB memory stick of said images, that is purchased as part of this contract, that the Client will have the permission to reproduce the images for personal use only and not for profit or distribution of any kind.
9. Creative License
The Photographer will be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgement regarding the location/poses and number of images shall be deemed correct. Due to the unpredictability of the weather and the willingness of subjects it may be impossible to capture all of the images requested.
10. Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the unlikely event of the assigned photographer being unable to attend the agreed wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding to the best of his/her ability.
12. Limitation of Liability
In the unlikely event of total photographic failure or cancellation of this contract by either party in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
13. Third Party Printing
Robert James Smythe Wedding Photographer, cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the USB memory stick, that we supply, by Third Party Printers such as High Street photo processing shops.
The Client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any monies already paid. Cancellation less than 12 weeks before the wedding date will result in the payment in full.
15. Negatives / Digital files
Negatives / digital files remain the property of Robert James Smythe Wedding Photographer. We will not be solely responsible for the storage and maintenance of negative / digital files. Robert James Smythe Wedding Photography will keep files intact and available to the client for a period of 3 months from the date of the wedding, on our live drive. After this period, they will be held on our archive drives for a period of 2 years, and to access these during this time there will be an admin charge of £50.
16. Special Offers
Special offers advertised by Robert James Smythe Wedding Photography are individual offers and cannot be used in conjunction with any additional special offers advertised, unless otherwise expressed by Robert James Smythe Wedding Photography.
Redeemption of any prize is subject to the availability of Robert James Smythe Wedding Photography. Prizes are non-exchangeable, non-transferable, and is not redeemable for cash.
18. Extra Coverage
The Robert James Smythe Wedding Package (pre Feb 2019) includes coverage from Bridal prep to the speeches and cutting of the cake, if both are before the meal. Customers can add "Extra Coverage" at an additional charge, as specified, this Extra Coverage will be used to capture the first dance and some reception party shots. Robert James Smythe reserves the right to decide when "Extra Coverage" should end, but for the avoidance of doubt would be until 9pm at the latest, further coverage requested after 9pm will cost £150 per hour.
19. Your Weddng Day
You Wedding Day Package (post Feb 2019) includes coverage from Bridal prep to the first dance and some reception party shots. Robert James Smythe reserves the right to decide when coverage of the first dance and party shots should end, but for the avoidance of doubt would be until 9pm at the latest, further coverage requested after 9pm will cost £150 per hour.
20. Presentation Box
The presentation box is intended to have the Couple's name engraved on it. To allow for appropriate ordering timescales with our supplies, couples are required to confirm name spellings timeously. Where this hasn't been confirmed Robert James Smythe reserves the right to provide the box, either blank or with the Robert James Smythe logo. In addition, where a booking has been last minute and this is not conducive with timescales for ordering personalised engraving, Robert James Smythe reserves the right to provide the box, either blank or with the Robert James Smythe logo.
21. The USB
Robert James Smythe Photography have sourced high spec USB sticks. Our current supplier of these USB sticks is Woodenbanana. Robert James Smythe Photography shall be under no liability in respect of the longevity of images stored on the USB and strongly recommends to all customers, as soon as they receive the USB, to back-up the images on external hard-drive and/or other medium. Printing images is highly recommended.
Any complaints should first be raised by the Client to the Photographer within 21 days from the receipt of images.
The Principal Photographer will be Robert James Smythe, and where he deems appropriate, a 2nd Photographer of his choice will be provided at no extra cost. They will be the ONLY stills Photographers allowed to attend for financial gain.