The Team - Wedding Photographers and videographers

Midlands Studio
Contract and Terms and Conditions of Services

Glossary of terms – “The Photographer” means Midlands Studio, Photographer/s and/or Filmmaker/s or both if both services are booked. “Booking” means the service that you have acquired from us.

The Photographer is hired to photograph/film your booking and whilst they will be helpful they will not accept liability for other duties and or responsibilities on the day.

The Copyright Designs and Patents Acts assign the copyright of the images / video clips to the photographer(s), Videographer(s). “The Photographer, Videographer” assigns limited rights to “The Client” (subject to condition 5). “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “licence to print.” The client is not authorised to copy and / or pass any photographs or derived products to any third party person and / or organisation for commercial use without first gaining permission in writing from the copyright owner (The Photographer(s), videographer(s) and/or ). This includes other vendors booked by the client for his or her booking.

Display:

The client(s) hereby allow(s) the photographer(s), videographer(s) to display any photograph covered by this contract for portfolio purposes. Online or Offline, and the Client(s) will be represented in the best of manners.

Licences, Coverage and Reproduction:

The Photographer(s) and / or Videographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct. The Photographer will not be held liable for photographs that do not, for whatever reason, meet The Photographers quality criteria and are not shown to the client.
Photographs, Video clips taken during the course of the event will be at the discretion of the photographer(s) and / or videographers, although every effort will be made to comply with The Client(s) requirements.
The photographer(s) shall endeavour to capture all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.
It is the clients responsibility to ensure, all parties to be photographed or filmed are photographed & filmed, although the photographer(s) and / or videographer(s) will endeavour to capture every one that’s needed to be captured.
For a booking involving a church or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) are able to cover the ceremony may not be the photographer(s), videographer(s) choice and the photographer(s), videographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting (e.g flash) may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited.
e) For a booking or other event booking the photographer(s), videographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons, hence the photographer(s) and/or videographer(s) are not responsible if such moments are not captured.
Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of and in some circumstances (such as the change of date for a booking) the photographer(s), videographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs or video clips. Please note that certain colours do not reproduce exactly in print.
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colours may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.
j) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s), videographer(s) will not be responsible for photographs, video clips that are not produced due to technical failure, either at the shooting or processing/production stage.

One Photographer and/or One Camera Operator:

The client/s understand that if only one photographer and/or one camera operator is hired then it is highly likely that not everything will be captured/shot.

Prices:

All standard photographic services and optional extras specified in this contract and paid for in full before the booking are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the booking, are supplied at the prices ruling at the time of receipt of the order.
The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to UK non-UK addresses.
Travel expenses (other than specified in the contract summary) need to be covered at full cost before the journey takes place.

Payments:

A booking retainer for the amount specified in your invoice (paid by cash, or online bank transfer) along with a completed contract will confirm your booking. The booking fee forms part of the total cost of your Package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The booking retainer secures the photographer’s, videographer’s services for the day and is non-refundable in any event.
It is the clients responsibility to ensure payment for any outstanding balance is paid in full NO LATER THAN 28 days prior to the first day of the event
Failure to pay the remaining balance 28 days before the date of the first event will be deemed a breach of contract and result in The Photographer’s, videographer’s not attending your booking.
All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high-resolution long-term galleries, and any other services that is not included in the invoice, or any service or product ordered after the event.

Complaints:

Any complaints must be received within 5 days of delivery, and agreed, no complaint or comment can be made in public online or offline.

Remedy:

If however contract is breached by any party, photographer, film-maker or clients, then, each party must consult each other to come to common ground before a 3rd party is involved or before any rash actions taken

Force Majeure:

The due performance of the contract is subject to alteration or cancellation by the photographer(s), videographer(s) owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding, act of God, delays due to traffic).
The photographer(s), videographers(s) may contact other photographer’s, videographer’s in the event that they are not able to attend your booking due to clause 9a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s), videographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.

Liability for Digital Files and Products:

The digital files, Raw files remain the property of / photographer(s), videographer(s).
Should digital files be lost, damaged or destroyed, before delivery the photographer(s), Videographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer(s), videographer(s)
It is your responsibility to inform the company of changes to address.

Liability for Clients Personal Effects/Belongings/Duty of Care:

It is the client’s responsibility to take care of and look after his or her own personal effects and belongings. The Photographer/s does not accept liability for items left with The Photographer/s, videographer/s for any reason. Any items left with The Photographer/s, videographer/s are left entirely at your own risk. The Photographer/s, videographer/s does not accept any consequential loss for items left with the Photographer.
The photographer/s may suggest suitable and reasonable particular set ups for photographs to the clients and it is assumed the client accepts liability (including with respect to the client’s own Health & Safety) for those photographs should the client agree to the photographer’s request.

The client accepts liability for the photographer/s, Videographer’s health and safety whilst the photographer/s, videographer’s are working in client homes. (This includes but is not limited to the homes of family members). Where the photographer/s, videographer’s feel unsafe, personally uncomfortable or assess the risk to be unacceptable the photographer/s, videographer(s) will inform the client and give reasonable time for the issues to be resolved. If the issues are not resolved the photographer/s, videographers, reserve the right to leave immediately without further notice.
The Photographer/s reserves the right to terminate the contract if the photographer/s, Videographer(s) gets insulted in any way and it is not resolved.

Cancellation Fees, Date and Package Changes:

a) If The Client(s) should have to cancel a booking, the booking fee / retainer and any other fees already paid cannot be refunded and the following cancellation charges will apply:

Less than 28 working days prior to the first date stated in Page 1 – 100% of balance outstanding.

29 – 84 working days prior to the booking date stated in Page 1 – 50% of balance outstanding.

All notice to cancel must be given as soon as possible; a telephone call is acceptable to inform The Photographer as soon as possible; however this needs to be confirmed in writing, e-mail is satisfactory.

Office Number: 01604 974 740 e-mail: hello@midlandsstudio.com

a) working day is defined as Monday – Friday.

b) The Client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer/s, videographer/s cannot take responsibility in the event when the new date is booked or other responsibilities need to be carried out on this date. No refunds will be given.

c) The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.

Placing an Order and Receipt of Goods:

a) Once an order goes out to print for eg, story books frames canvases so on so forth, No changes can be made.

b) Due to the nature of the product the photographer(s) are unable to give exchanges or refunds.

Privacy:

We may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.

Governing Law:

a) Any contract made between the photographer(s), videographer(s) and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.

b) You agree to the Terms & Conditions of this contract once your booking fee has been paid.

On the Day:

a) An inconsiderate guest can wreck the photographic or video record of your special day. If this is to happen then we are not liable, Coverage may be cancelled without warning at the discretion of the photographer(s), videographer(s) if the photographer feels threatened or has reason to believe that equipment may be damaged or stolen.

b) The Photographer(s), videographer(s) will stay with The Client(s) during the day for the amount of hours agreed.

c) If Photo and/or video is shot at home please keep all rooms tidy where photo or video is taking place, it is the clients responsibility to remove any item that may cause obstruction to the crew, and if client has any specific requirement on the day of the shoot, it is the clients responsibility to ensure it is done before the crew arrives at the premises and the area is photo/video ready.

d) It is the client’s responsibility to ensure anyone who is to be photographed and filmed is photographed and filmed.

e) If any individual does not wish to be photographed and filmed they must liaise with the client and the client must point the individual to the crew.

Replacement Products:

Where the client/s booking package includes copies of all images (booking or pre- booking) for personal use on USB Stick client/s are advised to make a backup copy.
Reproduction of such images will incur further charges to cover costs (time, materials, postage etc) at the prevailing rate at the time of request.

Video Editing – Video Service if Booked:

Under no circumstances will Raw Files be given; Raw Files will not be given.
If the song list is not given within 4 weeks of the booking then the editor Reserves the right to edit the video according to his/her own choice of music, if that is the case the songs cannot be changed.

However, if the Editor makes an error such as spelling mistakes, then the editor will rectify.

If film is proofed online then the link will be taken off within 48 hours after the link is given, and the video changes must be given within 48 hours.
If any changes to the film are given then the changes must be limited, and reasonable.
Editing will not start until any balance is cleared whether it’s photo or video.
The Day Given for the completion of the project starts with the day song list is given or the day the final balance is cleared, whichever is later.

Photography Post production

Under no circumstances will Raw Files be given; Raw Files will NOT be given.
The Images given on the USB stick will be the final images on the USB stick, there will be no edits or process done after.

Album Design

Where a book is ordered clients will be required to give their chosen image number within 8 weeks of receiving the USB stick, and if not, The Photographer will reserve the right to finalise the Images and book sent to print without clients approval and there can be no changes whatsoever on the book, and no complaints received once the book is printed.
When an Album is ordered, Every effort will be made to accommodate specific requests for album design and layout by the client/s however the final artistic decision lies with the photographer.
Album layout will be done within the time given to clients, however there may be delays in exceptional circumstances
The photographer reserves the right to refuse requests for any photo manipulation where, in the opinion of the photographer, the requests are excessive.

Book Sign off

We will ensure that all images chosen are put in the book while designing the album, however at times images are left behind and not put in due to unforeseen circumstances, therefore it is the clients final responsibility to check if there is any errors in the book such as duplicate images being used, chosen images not in the book, spelling errors, so on so forth.
The album will not be sent to print unless any outstanding balance has been settled, whether the balance is for photo or video.

Drone

For a booking where a drone is ordered, The drone can only be used if in that locality flying of drone is legally permitted.