It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Booking fee

The booking fee secures the time and services of the Photographer for the portrait sitting and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 2 weeks before the portrait sitting will result in the payment in full. All cancellations must be in writing. Portrait sittings 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 remaining balance will be due on collection of the prints/previews. No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.

Display

Ultimate-photography Limited may display any photographs included in this contract in his/her studio, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows.

Images

All image sizes are normal. Ultimate-photography Limited 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 the exact colour as seen by the human eye.

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 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 Ultimate-photography Limited in writing.

Licence

Ultimate-photography Limited shall be granted licence in relation to the poses photographed and the location used. The Photographers judgement regarding the location/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

Force majeure or 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.

Attendance

In the unlikely event of the assigned Photographer being unable to attend your portrait sitting due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your portrait sitting on our behalf to undertake the portrait sitting to his/her best ability.

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.

Cancellation

The Client may cancel this contract at any time by giving written notice to Ultimate-photography Limited but in doing so shall forfeit any monies paid. Should cancellation be received by Ultimate-photography Limited less than 10 weeks prior to the date of the portrait sitting The Client shall in addition pay a sum equal to 50% of the contract value. The said sum shall be payable as compensation as an estimate of the loss Ultimate-photography Limited would suffer.

Negative/Digital Files

Negatives/digital files remain the property of Ultimate-photography Limited.

Prices

All prices are subject to the current rate of V.A.T. (if applicable).

Complaints

Any complaints should first be raised by the Client with Ultimate-photography Limited 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 to mediate but only on the basis that its decision shall be final and binding upon both parties.

Ultimate-photography Limited reserve the right to amend these terms and conditions without notification

E&OE