Terms of Business

 

It is agreed that the terms set out in this booking form is 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 - A non refundable booking deposit fee as agreed is required to secure any booking. The booking fee is deductable from the final balance of fees owing.

BALANCE DUE - The balance of fees owing for the agreed package is due for full payment no later than 14 days prior to the wedding. All professional fees quoted within this agreement are guaranteed and not subject to change. In the event of cancellation after the balance is paid, we will only consider any refund if we can secure an alternative booking. Any uncleared cheque payments will be treated as failure to make payments by the due date.

CANCELLATION - We reserve and will have contracted the agreed event date and time booked, exclusively, and often a considerable time in advance of the wedding date, and we will reject any other enquiry subsequently received for such date.
The client may cancel this contract at any time by giving written notice to the photographer/s but in doing so shall forfeit any fees paid. Should cancellation be received by the photographer/s less than 60 days prior to the date of the ceremony, the client shall pay an additional amount so that the total paid by the client is equal to 75% of the contract value. Should cancellation be received by the photographer/s less than 30 days prior to the date of the ceremony, the client shall pay an additional amount so that the total paid by the client is equal to 100% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer/s would suffer. We will agree to a change of date for the event provided we have sufficient notice and our availability is confirmed.

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. If, in extreme circumstances such as illness, or other factors totally outwith our control, the principals of the business are unable to attend , we reserve the right to provide an alternative party to photograph the event. The performance of the contract is subject to alteration or cancellation if events outwith our control prevail. In this event our liability will be limited to the return of all fees paid.

ADDITIONAL PRINTS - Payment for any additional prints, enlargements, framed prints etc is due at time of ordering and subject to the prices ruling at time of order.

SHORT NOTICE BOOKINGS - Bookings made within 30 days of the wedding date are to be paid in full at time of booking.

SPECIAL FEATURES - Any special features arranged in addition to the basic photographic package chosen will be detailed and priced separately on the booking form or confirmed in writing and subject to the same payment terms.

COPYRIGHT - Carlton Photography retain the copyright on all images taken and the original image files , negatives or transparencies and any proof photographs remain their sole property (Copyright, Designs and Patents Act 1988). The right is reserved to use any photograph for exhibition or advertising purposes or for competitions or publication in newspapers,
magazines, internet or books, and by this agreement, release is given to use any images for such purposes without further notice.

PROOF IMAGES - Photographic proofs and binders or proof slide shows on disk belong to Carlton Photography and are given without cost for the purposes of selection. They may be retained without charge and do not form part of this contract.

LICENCE / PHOTOGRAPHIC SCHEDULES - The photographer/s shall be granted complete artistic licence. The requested schedule of photography and numbers of photographs is to be taken as a guide only and will be governed by factors such as cooperation of guests, the suitability of venues, and prevailing weather conditions. The client understands and accepts that the photographic
coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort will be made to comply with the
client’s requests. Venue restrictions on the use of flash photography may limit gaining some images or their quality

LIMITATION OF LIABILITY - In the unlikely event of a 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.

ALBUM / PRINT PRODUCTION - We will aim to produce your completed order in the shortest possible time. At peak times, we may require up to 8 weeks from receipt of your confirmed selection of images to produce the layout for your album. Special album orders or non standard requirements may add to this timescale. We will keep you informed of any undue delays outwith our control.
Special adaptations outwith our standard packages may incur extra charges which will be advised in advance of production.
Manufacturers do change ranges from time to time. In the event that a particular album folder becomes unavailable, we will agree a replacement with you prior to production. All print and album sizes quoted are nominal.
We contract to provide photographic services and cannot be held to account for the changes made from time to time by various material suppliers. All album styles quoted in our brochures and web site are illustrative only and may not be precisely available as shown when we come to subsequently order for your album production. In this event we will always endeavour to find a similar replacement with your agreement.

COLOUR REPRODUCTION - Due to the manufacturing of certain materials and dye colours and the way in which the human eye perceives such colours, it may not be possible to exactly reproduce in digital capture, these precise tones. Colour balance in albums and prints are generally optimised for flesh tones.

(These terms and conditions are governed by English Law)