Terms and Conditions
All session fees have to be paid first in order to secure your booking.
All shoots, excluding Weddings, include a private gallery from which you can review and select your images. A £100 non-refundable deposit for your wedding is required to secure your date. A £100 non-refundable deposit is required for your newborn session to secure your booking.
A £50 non-refundable deposit is required for all other bookings.
The copyright of the photographs remains the property of the photographers. The client is not licensed to resell the photographs or to approve their use for publication by any other person, company or organisation INCLUDING FOR COMPETITIONS without the written agreement of the photographers.
Moral rights under the Copyright, Designs and Patents Act 1988 are asserted on all photographs referred to in this document.
The client shall not breach these regulations by means of downloading, copying in any manner, altering or duplicating without specific permission either provided proof images or full resolution purchased copies THIS INCLUDES USE OF SOCIAL MEDIA FILTERS, STICKERS OR SIMILAR APPS.
The photographers confirm that they will not supply the photographs to any other person, company or organization without the permission of the client except as detailed for purposes below.
Client agrees that the photographers (including & not limited to their students & associate photographers) may use the work in their corporate publicity including but not limited to web design, news, adverts and displays both in house & off site unless it is discussed and agreed prior to or during the shoot / session that certain or all images shall remain out of the public domain.
Where commissioned images feature a person under 18, client confirms they have responsibility as a parent or guardian and agree to the use of said images as previously outlined in correspondence and above. Digital images are sold with a certificate of RIGHTS TO PRINT copyright remains with the photographer as per UK law.
This document will be applied to all forward sessions without further notice unless terms change
WEDDING TERMS AND CONDITIONS – IN ADDITION TO STANDARD TERMS AND CONDITIONS
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.
The Booking fee secures the time and services of the Photographer for the booking and is non-refundable and non-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 booking will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the booking fee as long as the photographer can re-schedule for the new date and time.
Following payment of the booking fee, balance of fees due are to be paid 14 days prior to the wedding. No photographs/proofs will be delivered until all payments due have been paid in full. Payment for additional images is to be made at point of order.
The Photographer/s may display any photographs included in this contract in his/her studio, website, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.
All image sizes are nominal and may not conform to standard print sizes, images appearing as square or panoramic in proof should be ordered as such. Please ask for recommended formats for specific images when ordering. Where clients reprint from disc, the photographer is not responsible for unsatisfactory prints due to cropping by a third party. The Photographer/s 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.
Retouching, digital manipulation and artist finishing, not already included in the selected package, is available to the Client as an optional extra. All images will be provided to the client as finished and extra work shall be charged at an hourly rate of £20 per hour or part thereof.
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.
Any 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 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force Majeure or Act of God
The due performance of this contract is subject to mutually convenient alteration by either party owing to any cause beyond their control.
In the event of national lockdowns and/or some kind of government intervention that would prohibit a booking from going ahead, an example of which the 2020 Covid 19 lockdown, deposits are non-refundable, but will be held and will be transferable for a future booking.
In the event of seasonal bookings, the deposit made may be used against an alternative type of session if the seasonal event is no longer available once the situation has reverted to normal.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or 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.
The Client may cancel this contract at any time by giving written notice to The Photographer/s, but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the booking will result in the requirement of payment in full.
Negatives / digital files remain the property of The Photographers.
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images.
All images are the exclusive property and copyright of Eryan Wills Photography and the client, once the client has paid in full.
It is extremely important for the photographer to keep their portfolio up to date, so the photographer reserves the right to use any images on their Website, Facebook page, Instagram or any other relevant marketing material. By booking with Eryan Wills Photography, you agree to these terms and conditions.