Terms & Conditions

In the following Terms and Conditions:



“Business” shall mean Jessica Mabel Photography

“Client(s)” shall mean “You” the Parties to the Contract;

“Photographer(s)” shall mean Jessica Mabel Photography [and/or any subcontracted photographers];

“Products” shall mean any albums or other items listed in the Contract;

“Services” shall mean photography to be carried out and any other Services agreed between the Client(s) and the Photographer.

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.

Booking Fee

The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.  If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.

The Parties acknowledge that the Booking Fee is non-refundable in the event of cancellation by the Client.  The Booking Fee may be transferred to another date if the Photographer is available. If the Photographer is already booked, the Booking Fee is non-refundable. It is the responsibility of the Client to check if the Photographer is available for a postponed date.

The Booking Fee is refundable during the 14 day cooling off period which starts from the date the Booking Fee is paid.

Payments

Following payment of the Booking Fee, the balance of fees due is to be paid as follows:

The remaining balance is due 28 days before the wedding date.

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.

Payment may be made by cash or bank transfer.

No photographs will be delivered until all payments have been received in full in cleared funds. No albums will be ordered until payment has been made in full.

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.

License and Coverage:

The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used.  The Photographer(s) shall request a list of group shots from the client in advance of the wedding date. It is the Clients responsibility to provide this list. Every effort will be made by the Photographer(s) to achieve every requested image but the Photographer(s) cannot accept responsibility for shots missed as a result of issues outside of their control for example but not limited to – inclement weather, guests not being available or lack of suitable locations for large group shots.

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) will make every effort to secure the best possible positions but cannot accept responsibility for limited coverage in such circumstances. Please contact your minister or official in charge to check of any restrictions in advance.

Whilst the Photographer(s) shall endeavor 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.

The Photographer(s) cannot be held responsible for missed shots caused by guests – for example but not limited to, guests stepping in front of the Photographer(s) or using flash photography.

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.

The images will be delivered by online gallery. All the high resolution images will be available on the gallery and the gallery has the facility to allow the user to download images in bulk or individually. The gallery will be available online for a minimum of 12 months.

It is the responsibility of the client to ensure that their images are safely backed up as soon as possible.

Retouching/Editing

The Photographer(s) will use their artistic license to edit the images taken consistent with the normal editing style. This will include but is not limited to cropping, colour correcting, black and white conversion and sharpening. The client may request further editing but should be aware that this may incur an additional charge depending on the works required. The Clients are not permitted to edit the Photographer’s images in any way.

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

Digital Files will be stored by the Photographer for a minimum of 12 months after the event date. There is no guarantee they will be kept any longer. The Client is strongly advised to ensure their images are backed up once received.

Products are guaranteed to be fit for purpose and against defect in accordance with the period of time the manufacturer offers.

Additional Hours of Coverage

Additional hours of coverage above and beyond those included in your package can been booked on the day of the wedding if agreed in advance by the Photographer. Each additional hour will be charged at £80. An invoice will be sent to The Client after the wedding date for any additional hours booked. The invoice must be settled before any images are delivered.

Delivery

Within 8 weeks of the wedding date the Clients will be sent access to the online gallery of images. The high resolution images can be downloaded directly from the gallery. The gallery will be live for a minimum of 12 months. It is the responsibility of the clients to download and make safe copies of the images as soon as possible.

In exceptionally busy times deliver of images may take up to 12 weeks. The Photographer will advise clients upon booking if this is the case.

Products other than digital files are bespoke so take an average of 8 weeks to create from the point when the Client approves the order of the product.

Ownership

Any negatives and/or digital files 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).

Use and Display of Images

Jessica Mabel Photography retains copyright ownership of all images taken. Jessica Mabel Photography grants the Clients full permission to reproduce the images for their personal use. This includes sharing on social media, creating prints and printed products and making digital copies of the images for distribution to friends and family. No commercial use is permitted. If other suppliers from the Clients’ wedding should approach the Client for images please direct them to Jessica Mabel Photography where watermarked images will be provided to them at no cost.

Privacy Policy and Image Usage

Under the Legitimate Interests of the business and the work you have hired me for I will use your images in the following way

– Delivering them to you on an online gallery.

– Creating printed products or albums when requested.

– Creative an online slideshow and blog post for you.

– In my online portfolio -website and blogs, social media and other marketing materials. In keeping with the use of images you can currently see on my website or social media accounts.

The Client(s) have full control over the use of their images online. You can opt out of online use at any point. Please advise in writing if you wish your images not to be used.

Substitution

In the very unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Jessica Mabel Photography reserves the right to appoint another suitable Photographer(s) to attend the Event on our behalf to undertake the photography. The post processing and editing will be handled by Jessica Mabel Photography If this is not possible liability will be limited to a full refund of any fees paid.

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.

Cancellation and Postponements

Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the client(s) will be offered the option of an associate photographer for their wedding or event or a refund of the full amount of the Booking Fee and any further payments received.

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer.  It is the Client’s responsibility to ensure the Photographer has received this notice. The date of cancellation will be deemed to be the date the Photographer receives written Notice of Cancellation, as confirmed by the Photographer.

In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

Within 14 days of booking no fees payable. A refund of any booking fees paid will be given.

Notice received 90 days prior to the wedding date or more: Booking Fee only.

Notice received less than 90 days but more than 28 days: 50% of the agreed balance due will be payable.

Notice received of 28 days or less: 100% of the agreed balance will be payable.

The cancellation charges reflect the fact that the Photographer only accepts a limited number of weddings per year to give the best service possible and the fact that wedding services are normally booked well in advance meaning a replacement booking is unlikely to occur. The Clients are strongly advised to obtain wedding insurance as soon as possible which may cover the costs of suppliers should the wedding need to be cancelled or postponed.

The cost of any pre-paid and ordered bespoke products cannot be refunded if cancelled.

If an Engagement/Pre Wedding Photoshoot has already taken place before cancellation this will be charged at £140

Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) will retain any fees paid and confirm the new Event Date, Time and Services to the Client. Such action will result in the termination of this contract and the start of a new. Extra costs may be incurred as dictated by the change in circumstances. Client(s) should liaise with the Photographer to try and find a new date that is suitable for both parties.

Length of Contract

Any contract runs from the date of signing through to the date the last aspect is finalised, though any associated warranties will apply after that date in accordance with the Products section above.

Complaints

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 that Complaint.  In the unlikely event of an unresolved complaint the Client may request their insurance company to mediate. The alternative to the latter is that the Client will need to consider legal action.

Notices

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

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.