terms & conditions
In the following terms & conditions “the photographer” shall mean Bethany Smith trading as Bethany Smith Photography. “The clients” is defined as the party seeking the service. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event or shoot will be at the discretion of the photographer although every effort will be made to comply with the clients’ requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website or via email. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due by the day of the service.
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. A variety of digital packages are available which will include a copy of the chosen edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. ON THE DAY
i. The photographer will stay to photograph until the agreed time discussed at booking. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, family members or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than one week to go until the wedding, the booking fee will be retained.
iii. Cancellation with less than one weeks to go until the shoot date, full price for the complete photographic coverage booked.
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 5-6 weeks during busy periods (e.g wedding season). Wedding galleries may take up to 10 weeks.