Last updated: August 19, 2021
It is agreed that the following terms and the contract, set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
General Terms and Booking
Booking Fee
The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.
The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Payments
Evergoodstudios will be in contact with you approximately [2-3] weeks prior to your Event to arrange a pre-event appointment if this is deemed necessary. Any remaining balance is to be paid by that meeting date.
All payments must be received in cleared funds prior to the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
• the same amount as the booking fee is due 12 months prior to the event date;
• the remaining balance is due by the pre-event meeting or 14 days prior to the event if a pre-event meeting is not held;
• Payment for any additional images or products must be made at the time of order;
• Failure to make payment by the dates stipulated may result in cancellation;
• All cheques should be made payable to Iain Thompson. Bank Transfer (BACS) or Paypal payments are acceptable too;
• A PayPal link will be available on the emailed invoice;
• No photographs or albums will be delivered until all payments have been received in full in cleared funds.
Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
Licence and Terms of Use
Licence and Coverage
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.
For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers.
Only quality branded USB’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in- transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
Reorders
All reorders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.
Products
In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).
Ownership
All images shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
Copyright
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 and remain the copyright of The Photographer(s) at all times unless there is express written agreement to the contrary. 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 written permission of the Photographer(s).
Liability, Insurance and Substition
Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Evergoodstudios reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography to his/her best ability.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.
Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.
Conduct
It is the responsibility of the customer to ensure the co-operative behaviour of subjects at a shoot. Should the photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and leave without forfeit on this contract (eg drunk / abusive guests at a wedding)
Cancellation
Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).
Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums;
• Notice received 182 days prior to the wedding date or more: Booking Fee only;
• Notice received less than 182 days but more than 90 days: 50% of the agreed balance due will be payable;
• Notice received of 90 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being subject to the contract amount and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date a 50% allowance of the amount due will be transferred to that new date and a new contract will be commenced.
VAT
All prices quoted are inclusive of V.A.T at the prevailing rate where applicable.
Complaints, Notices and Law
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
Notices
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
COVID 19
Coronavirus / COVID-19, has been declared a worldwide pandemic by the World Health Organization, and is known to be extremely contagious. It is currently believed to spread through person-to-person contact and/or by contact with contaminated surfaces and objects, even possibly in the air. People can also be infected and show no symptoms and spread the disease unknowingly. The client(s) acknowledge the contagious nature of the Coronavirus/COVID-19 virus and current Government Guidance, including the recommendation for social distancing. The client(s) voluntarily seek services provided by Evergoodstudios Photography and acknowledge that by doing so the client(s) is aware of the increase in risk to exposure to the Coronavirus/COVID-19 due to its contagious nature. The client(s) acknowledge that Evergoodstudios Photography has undertaken a business-related risk assessment and has put in place preventative measures to reduce the risk of the spread of the Coronavirus/COVID-19 during its business activities. The client(s) will therefore comply with all the set procedures stated by Evergoodstudios Photography, as well as any reasonable verbal instructions or directions given by the staff or representatives of the business, to minimise the risk to exposure for all parties. Further, the client(s) verify that:
The client(s) have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non- contagious.
The client(s) is not experiencing any symptom of illness that could be symptomatic of the Coronavirus/Covid-19 virus, such as, but not limited to, a cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
The client(s) do not believe have been exposed to someone with a suspected and/or confirmed case of Coronavirus/COVID-19 within the last 14 days.
The client(s) and their household are following all Government guidelines and limiting potential exposure to Coronavirus/COVID-19.
The client(s) acknowledge that Evergoodstudios Photography cannot guarantee that they will not become infected with Coronavirus/Covid-19 whilst utilising their services. The client(s) understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff of Evergoodstudios Photography, other clients, and their families. The client(s) release and waive their right to bring any/all causes of action, claims, demands, damages, costs, expenses and compensation against Evergoodstudios Photography and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of Coronavirus / COVID-19 related to the utilising of Evergoodstudios Photography’s services and premises. The client(s) understand that this release discharges Evergoodstudios Photography from any liability or claim that the client(s), their heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Evergoodstudios Photography.
The client(s) is not experiencing any symptom of illness that could be symptomatic of the Coronavirus/Covid-19 virus, such as, but not limited to, a cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
The client(s) do not believe have been exposed to someone with a suspected and/or confirmed case of Coronavirus/COVID-19 within the last 14 days.
The client(s) and their household are following all Government guidelines and limiting potential exposure to Coronavirus/COVID-19.
The client(s) acknowledge that Evergoodstudios Photography cannot guarantee that they will not become infected with Coronavirus/Covid-19 whilst utilising their services. The client(s) understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff of Evergoodstudios Photography, other clients, and their families. The client(s) release and waive their right to bring any/all causes of action, claims, demands, damages, costs, expenses and compensation against Evergoodstudios Photography and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of Coronavirus / COVID-19 related to the utilising of Evergoodstudios Photography’s services and premises. The client(s) understand that this release discharges Evergoodstudios Photography from any liability or claim that the client(s), their heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Evergoodstudios Photography.
Governing law and jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.