IMPORTANT - PLEASE READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
ENTIRE AGREEMENT: This agreement contains the entire understanding between THOMAS FROST PHOTOGRAPHY and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both THOMAS FROST PHOTOGRAPHY and THE CLIENT, in writing.
1. INITIAL PAYMENT: Upon completion and sending the document, THOMAS FROST PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, an initial payment of £250 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted wedding photography package.
2. BALANCE: THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due four weeks prior to the wedding date. Payment for albums or additional album photographs, prints & frames is made after the wedding at the time of ordering.
3a. CREATIVE LICENCE: THOMAS FROST PHOTOGRAPHY shall be granted creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style and the number of photographs taken shall be deemed correct. Due to changes of the weather and the availability and willingness of subjects THOMAS FROST PHOTOGRAPHY will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
On its own behalf, and on behalf of the subject, THE CLIENT acknowledges that they are familiar with THOMAS FROST PHOTOGRAPHY's portfolio and are requesting services with knowledge of THOMAS FROST PHOTOGRAPHY's style; that THOMAS FROST PHOTOGRAPHY's work is constantly evolving; that THOMAS FROST PHOTOGRAPHY’s services are of unique and artistic nature; that the photos may be different from photographs taken by THOMAS FROST PHOTOGRAPHY in the past; and that in creating the photos, THOMAS FROST PHOTOGRAPHY shall use his personal artistic judgment to create images consistent with his personal vision of the event.
3b. EDITING: THOMAS FROST PHOTOGRAPHY will provide a pleasing colour balance and enhance the images as he see's fit, 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/digital media the exact colour of materials as seen by the human eye.
3c. ADDITIONAL EDITING: Any additional editing and/or retouching outside of the editing terms detailed in 3b will be subject to an hourly rate of £40 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, removal of objects from a scene, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements.
3d. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. THOMAS FROST PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to THOMAS FROST PHOTOGRAPHY.
4. HOUSE RULES: The guidelines of the ceremony official and the reception site management limit THOMAS FROST PHOTOGRAPHY. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; THOMAS FROST PHOTOGRAPHY will offer technical recommendations only.
5. EXCLUSIVITY: THOMAS FROST PHOTOGRAPHY shall be the sole professional (still) photographer(s) at the venues specified. We do however positively encourage family, friends, and other guests to take photographs throughout the day.
6. COPYRIGHT LAW: The copyright of photographs remains with THOMAS FROST PHOTOGRAPHY. THOMAS FROST PHOTOGRAPHY grants THE CLIENT permission to make copies and prints of the images under the following conditions. The images taken by THOMAS FROST PHOTOGRAPHY are for personal use by THE CLIENT and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from THOMAS FROST PHOTOGRAPHY.
THE CLIENT must obtain written permission from, and compensate THOMAS FROST PHOTOGRAPHY prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
7. MODEL RELEASE: THE CLIENT hereby grants THOMAS FROST PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by THOMAS FROST PHOTOGRAPHY and considered standard by the wedding industry.
8. FORCE MAJEURE: THOMAS FROST PHOTOGRAPHY makes every effort to produce the highest quality photographs possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of total photographic failure, injury or sickness beyond THOMAS FROST PHOTOGRAPHY control, liability shall be limited to a full refund of all monies paid, including the retainer. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Your statutory rights are not affected. THOMAS FROST PHOTOGRAPHY has full Public Liability, and Professional Indemnity Insurance.
9. PHOTOGRAPHERS CANCELLATION: In the unlikely event that THOMAS FROST PHOTOGRAPHY has to cancel this contract for reasons beyond his control, (death, injury, sickness, or other circumstances beyond the control of the photographer etc.) a substitute photographer of high qualifications, similar skill, style, pricing, and product offerings may be sent to fulfill the obligations of the photographer herein contracted. If a substitute photographer is provided, THE CLIENT has the right to refuse to accept the substitute photographer and may instead terminate this agreement and receive a full refund of all monies paid.
10. CLIENT CANCELLATION: As compensation for loss of income for THOMAS FROST PHOTOGRAPHY, the following charges apply as a percentage of the total fee due. (Number of days before the wedding):
0-30 days = 100%, 31-60 days = 75%, 61-90 days = 50%, 90-120 days = 25%, 121+ days = 0%
11. COMPLETION SCHEDULE: Digital processing takes approximately 2 weeks for engagement sessions and 4-6 weeks for weddings. When THOMAS FROST PHOTOGRAPHY is finished processing the client’s photos, they will be uploaded to an online gallery and/or delivered to THE CLIENT according to the specifics of THE CLIENT’s purchased photography package.
12. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client and THOMAS FROST PHOTOGRAPHY at the time of acceptance of this contract shall be recognized as amendments to this contract.
13. COMPLAINTS PROCEDURE: Please address any complaints to THOMAS FROST PHOTOGRAPHY by E-mail ([email protected])
14. PRIVACY: THOMAS FROST PHOTOGRAPHY will store your name and wedding details on a private internal database. These details will not be made available to companies or individuals outside of THOMAS FROST PHOTOGRAPHY.
Confirmation of contract acceptance*
By ticking this box I confirm that I have read and agree to the terms and conditions and understand that I am entering into a legally binding contract.