Booking Form - Contract
Terms and conditions of booking
1.1 Bookings are accepted on these terms and conditions only. No condition may be added, omitted or altered unless we have agreed it in writing with you.
1.2 Any addition omission or alteration that we may agree does not affect any other term or condition.
1.3 When you pay your deposit, you will be deemed to have read and accepted these terms and conditions
1.4 You specifically confirm to us that the information that you have provided in the booking form (and any other forms) is true and accurate in all respects
1.5 You agree that we are to be the only professional body or bodies employed to provide photography for your wedding.
2.1 Once a booking has been accepted you must immediately pay the deposit that we have agreed. Until we have received the deposit (and if by cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the deposit and we shall be entitled to enforce it.
2.2 You must pay us the balance of the Price (shown on the booking form) in full (and if by cheque that cheque has cleared) at least 28 days before the date when the Event is to take place. If you do not do so we will not have any liability to you, and if we so decide we shall be entitled in our absolute discretion to forfeit the whole or part of the deposit.
2.3 If you cancel this booking:
(1) more than 90 days before the date of the event then the deposit will be forfeited, but no further sum is payable by you;
(2) within 90 days of the date of the event a sum amounting to 50 per cent of the Price is payable by you;
(3) within 30 days of the date of the event a sum amounting to 95 per cent of the Price is payable by you.
2.4 Any cancellation must be notified to us in writing addressed to us at the address shown in the booking form.
2.6 Interest will be charged on late payments at the rate of 2% per calendar month or part month on any overdue balance.
3.1 We will make every reasonable effort to secure a replacement photographer if for any reason the photographer is unable to carry out the engagement. In those circumstances however, our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking only if for any reason we were unable to secure another photographer. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all the equipment we use for your Event is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of the sums that you have paid us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. In the event of a part of the Event being photographed we will in that case return a fair proportion of the Price.
3.3 Although we will use every reasonable effort to record and photograph significant parts of the Event (including any part of the ceremony) the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurance that we will successfully record any particular aspect of the Event (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the Event or failure does not give you any right to refuse to pay the Price or obtain a refund.
3.4 When you enter into this booking you accept that we cannot accept any liability whether it is a financial or any other kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this booking except for our obligation to return all or part of any sums that you have paid to us in accordance with these conditions.
3.5 We do not exclude our liability to you for any death or personal injury or damage to property that may have been caused by our negligence or that of any our employees.
3.6 We will carry out services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1993) or arising under common law is excluded in so far as it possible to do so.
3.7 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss which will then increase our prices. You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.
3.8 Photography will start either 2 or 3 hours prior to your wedding ceremony depending on package booked, and finish after your first dance or 10.30pm, again depending on package booked, unless otherwise agreed prior to signing the contract.
4.1 The master image files remain our property. Copyright of the master image files are vested in us. This means that:
(1) we reserve the right to dispose of the master image files at our absolute discretion.
(2) we do not accept liability in relation to any loss of and/or damage to the image files.
(3) Permission is granted for you to print and share images from your gallery and USB. You may not re-edit or crop images used on any form of social media.
4.2 Master images are kept for a minimum period of two years.
4.3 We reserve the right, after you have received your images, to show these in full or in part to any prospective client who may wish to see a sample of our work, or to enter the images into competitions.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the Event that all persons attending the Event have consented to being filmed and photographed.
6. Please note that it is your responsibility to obtain the consent from the owners of the church or other venue where the Event is being held and all other persons involved in the Event, such as any person conducting the ceremony, the choir organist and other musicians to record and photograph the Event before it takes place and to pay any fees charged by them. If you fail to do so, this may mean that we are unable to record or photograph the ceremony or the Event or release the DVD or images to you until that consent (which is required for copyright reasons) has been obtained.
7.2 We will assume that you accept the quality of the finished image files unless you tell us to the contrary in writing within 2 weeks of these being sent to you. If you do notify us within that period you must also tell us what your complaint is in as much detail as possible. If we do not receive any complaint within that period we shall be entitled to assume that you are satisfied with them and we will then be under no further obligation to accept any complaint, unless we then agree. Under no circumstances will RAW images be released.
7.3 We will use all reasonable efforts to deal with any complaint promptly and if it is something that is justified and we can remedy, we will do so. If we do not consider your complaint to be valid then we will tell you promptly.
7.6 All outdoor photography is subject to weather permitting. It may not be possible to photograph outdoors in heavy rain or snow due to possible damage to electrical equipment.
8. In these terms and conditions
“us” and “our” means “CPD Film”, “Cath Prescott Photography”, or their authorised representative,
“you” is the person or persons making the booking and who are entering into the legal obligation,
the “Booking form” is the form digitally signed by you (which forms part of this Agreement)
“Price” and “Deposit” means the contract price payable to us for our services and the advance deposit respectively,
the “Event” is the ceremony and associated activities that you have asked us to photograph and which is detailed in the Booking form.