Terms Of Service

Below are the terms of my services as your photographer, you will be given a copy of this to sign when we first meet. Your date will not be secured unless both deposit and signed contract has been completed.


Booking Fee

A Booking Fee of 25% of the final value may be made by bank transfer, cash or PayPal and secures the time and services of The Photographer(s) for the session/event and is nonrefundable or 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 session/event will result in the payment in full. All cancellations must be in writing. Sessions/events that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.


Payments

Following payment of the Booking Fee, the final balance will be due 30 days prior to the date of your session/event. No Photographs, Albums, CDs or Additions will be delivered until all payments due have been paid in full. Payment for Reprints, Photo Books, Digital Photo Frames, USB Sticks, or any other Additions is to be made in full at the time of ordering.


Prices

All prices are as at the time of signing the contract, but in the event that changes arise that are outside The Photographer(s) control, for instance but not exclusively, the costs of Prints, Additions, Travel and Subsistence, then we will inform The Client of such within 21 days.


Photographer(s)

The Principal Photographer will be James Mesher, and a 2nd Photographer of his choice may be provided at no extra cost and will be provided at the discretion of The Photographer. They will be the ONLY stills Photographers allowed to attend for financial gain.


Images

All image sizes are nominal. The Photographer 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.

Final images will be delivered  6-8 weeks after the session/event and will be viewable via a private online gallery.

The number and style of photographs delivered to the client by the photographer shall be deemed correct.


Creative Licence

The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used. The style and the number of photographs are also dependent on vagaries of the weather and the availability and willingness of The Clients and their guests. The Photographer(s) will make their best effort to honour requested photographs but does not undertake any guarantee for any specific picture nor incorporate any specific background, location or group arrangement.

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Display

The Photographer(s) may display any photographs included in this contract in his studio, website, portfolio, literature, display areas, exhibitions, competitions, advertising or social media, unless expressly denied in writing by The Client.

Reorders

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.


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. 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). All digital files remain the property of The Photographer(s).


Licensed Images

Images supplied by us on a CD as High Resolution jpeg format digital files will be suitable for printing up to A2 (420 x 594mm). They are licensed to you for sharing or displaying electronically with family and friends and for printing by the Bride and Groom ONLY. Image files must NOT be altered or sold in any way whatsoever.


Third Party Printing

MesherPhotos cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the CD that we supply by Third Party Printers such as High Street photo processing shops.


Attendance

In the unlikely event of the assigned photographer being unable to attend your session/event due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your session/event on our behalf to undertake the session/event photography to his/her best ability and subject to their own contract.


Travel and Subsistence

For attendance at venues at a distance over 40 miles radius, travel costs at the rate of £0.45 per mile will be charged where appropriate. Where the session/event and ceremony require an overnight or longer stay, whether in the UK or abroad, then modest hotel and subsistence charges will be made.


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.


Force Majeure (Act of God)

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.


Cancellation

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 session/event will result in the payment in full.


Complaints

Any complaints should first be raised by The Client with The Photographer in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint The Client may request the Society of Wedding and Portrait Photographers (SWPP) to mediate but only on the basis that its decision shall be final and binding upon both parties.


Country of Jurisprudence

This Contract is made under, and subject to, English Law.