Terms & Conditions of photography

The Photographer is the contracted Photographer, contract is between the The Photographer and Client as stated in the contract and confirmation between Big Entertainments Events LTD. Big Entertainments Events LTD is acting only as the agent negotiating and booking agent only we hold no responsibility. The terms and conditions are between The Photographer named on the contract and the client booking the services.

1. ENTIRE AGREEMENT: This agreement contains the entire understanding between SimonBarrowPhotography and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties.

2. RESERVATION: Upon your signature, SimonBarrowPhotography will reserve the time and date agreed upon, and will not make other reservations for that date. For this reason, the Reservation Deposit of 50% 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. The Reservation Deposit is applied towards the contracted wedding photography package. THE CLIENT understands and agrees that 25% of the remaining amount owed for the wedding photography package described in the contract is due 14 days before the wedding and the balance on notification of the upload of a password protected proofing gallery. Once payment is made, an email including the password for the proofing gallery will be issued.

3. Proofing Gallery: Within 4 weeks of the wedding, SimonBarrowPhotography will provide THE CLIENT upload the images to a password protected proofing gallery enabling THE CLIENT to view the images. This gallery will contain all suitable photographs (in both colour and black and white) taken at the event. All photographs will have a watermark embedded, prohibiting unauthorised use. THE CLIENT should as soon as possible provide SimonBarrowPhotography with a list of desired images to be printed, enlarged and/or digitally manipulated (corresponding to the amount of prints agreed upon in this contract). The list should specify which images should be in colour, black and white or sepia. Printing of photographs cannot commence prior to SimonBarrowPhotography receipt of this list. THE CLIENT agrees if the balance is not paid when images are available in the proofing gallery, SimonBarrowPhotography will NOT make the password available or make a final delivery of selected prints, incurring no liability to SimonBarrowPhotography and resulting in loss of Reservation Deposit and 2nd payment by THE CLIENT.

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 forfeited. SimonBarrowPhotography agrees to refund all additional paid money (less expenditures for which receipts will be provided), to THE CLIENT.

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. This is normally 14 days before the wedding and the 2nd deposit payment is due at this time.

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. 90 MINUTE WINDOW: The bride and/or groom agree to set aside (depending on package) at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs if required. If either the bride’s or groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, SimonBarrowPhotography shall not be held liable for failure to take desired photographs.

8. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. SimonBarrowPhotography 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 SimonBarrowPhotography. SimonBarrowPhotography recommends that THE CLIENT designate an “event guide” (see PRE-EVENT CONSULTATION above) to point out important individuals to the photographer, whom THE CLIENT wishes to include in 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 SimonBarrowPhotography agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, SimonBarrowPhotography 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; SimonBarrowPhotography will offer technical recommendations only.

11. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by SimonBarrowPhotography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without SimonBarrowPhotography explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:

a. 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.

b. THE CLIENT must obtain written permission from, and compensate SimonBarrowPhotography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.

12. MODEL RELEASE: THE CLIENT hereby assigns and grants SimonBarrowPhotography 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 SimonBarrowPhotography from all claims and liability relating to said photographs. It is agreed that SimonBarrowPhotography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by SimonBarrowPhotography.

13. EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that SimonBarrowPhotography will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by SimonBarrowPhotography, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time while the professional photographer/s is (are) in session. SimonBarrowPhotography suggests that a separate notice be placed in the invitations. The formal photography time is for the exclusive use of SimonBarrowPhotography to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer/s, guest photography cannot be permitted. SimonBarrowPhotography will allow guests to take snapshots during the processional and recessional, during candid events at the church. In return for this consideration SimonBarrowPhotography insists no other guest photography take place when or where SimonBarrowPhotography is working.

14. GUEST COOPERATION: THE CLIENT is responsible for the conduct of their guests. THE CLIENT will direct all other service providers (florist, DJ, 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. SimonBarrowPhotography will not tolerate verbally or physically abusive behaviour, nor will it share its 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: The printing process can only start once SimonBarrowPhotography receives the order list for the required images. Digital processing takes approximately 2 weeks. Creation of a wedding album takes 6-10 weeks, enlargements 1-2 weeks or possibly longer when laboratory and bindery schedules are heavy.

16. PAYMENTS: THE CLIENT agrees that 50% deposit is required at the time of contract acceptance, 25% 14 days before the wedding and 25% of the remaining balance is due on THE CLIENTS’ receipt of notification that the proofing gallery is available, following payment a password will be issued by email.

17. FINAL DELIVERY: SimonBarrowPhotography will deliver the prints and any additional material once printing is completed. SimonBarrowPhotography will also deliver a CD with the high resolution negatives of all selected printed images. In addition to this, SimonBarrowPhotography will include a CD with low resolution digital negatives of all photographs not selected for printing. High resolution prints of these images can be ordered from SimonBarrowPhotography at the specified tariffs. High Resolution negatives of any additional images ordered will also be provided.

18. METHOD OF REMUNERATION: Payment/s may be made by Cheque, Cash, Paypal or deposited directly, account details available upon request.

PROOF OF PAYMENT TO BE PROVIDED ON REQUEST

19. PURCHASE OF DIGITAL NEGATIVES: If THE CLIENT desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied on CD. A low resolution digital negative CD will be given FREE with purchase of a Silver, Gold, Platinum or Higher Packages.

20. PENALTY FEES & CHARGES: There is a £100.00 late payment fee for any payments that are not postmarked or delivered to SimonBarrowPhotography by the required date.

21. RIGHT OF WITHDRAWAL: SimonBarrowPhotography’s discovery of new information, changes to agreed circumstances, or other factors which tend 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 SimonBarrowPhotography initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, £100.00 an hour is charged for all photography services already provided and £50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.

22. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. SimonBarrowPhotography 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.

SimonBarrowPhotography 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 SimonBarrowPhotography 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.

23. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, SimonBarrowPhotography cannot place an unconditional guarantee on the above. SimonBarrowPhotography 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 SimonBarrowPhotography’s control.

24. PERFORMANCE: The performance of this contract on behalf of SimonBarrowPhotography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

25. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the 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.

26. 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 SimonBarrowPhotography at the time of acceptance of this contract shall be recognised as amendments to this contract.

27. REPRINT ORDERS: Reprints of photos (or additional prints of photos not included in the package, but which is part of the additional low resolution images provided on CD) may be ordered, rates for such reprints can be provided at time of order.

Please note that prices are subject to change without any prior notice.