Terms and conditions
1. Terms and conditions
1.1. These are the terms and conditions on which I (meaning the photographer, Jamie Windsor trading as James Windsor Design Ltd.) will supply photographic services to you/the client(s).
1.2. These terms and conditions cannot be varied in any way by you unless such conditions are expressly agreed between us in writing. I may revise these terms and conditions from time to time and, if I do so, I will give you at least one month's written notice before they take effect.
1.3. These terms and conditions are governed by English law.
2. Wedding day services
2.1. I will supply the Photographic Services, meaning photography services including conducting photographic shoots, issuing directions and taking photographs.
2.2. Photographs taken during the course of the shoot will be at our discretion, including the poses and locations used, although every effort will be made to comply with your requests and requirements.
2.3. I will endeavour to photograph all shots requested by you during the shoot, but no responsibility will be taken by me on the occasion of failing to photograph any shot(s) due to factors outside of my control.
2.4. Any directions issued to you, or your employees during a photographic shoot are deemed to be at said person's own risk and I cannot be held responsible for any personal accident during a photographic shoot.
3. Post-shoot services
3.1. I will supply the Post-Shoot Services, meaning the selection and re-touching of photographs and provision of finalised digital photographs to you, within 90 days after the shoot date.
3.2. Prints and other physical material can either be collected by you or posted to you via courier at an extra cost.
3.3. In the unlikely event that there is any defect with the Post-Shoot Services or the photographs, please contact me and tell me as soon as reasonably possible and please give me a reasonable opportunity to fix any defect. I will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 28 days.
4. Artistic style
4.1. On its own behalf, and on behalf of the subject: Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use their personal artistic judgement to create images consistent with his personal vision of the Event, which vision may be different from the Client’s and /or the Subject’s vision of the Event. Accordingly, Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
5. Copyright
5.1. I will own the copyright, design right and all other intellectual property rights of any photographs taken on your shoot under the Copyright, Designs and Patents Act 1988.
5.2. I may use any photograph taken at your shoot to promote my business in advertising, brochures, magazine articles, websites, sample albums, social media, and so on.
5.3. I may use any photograph taken at your shoot to aid teaching directly on photographic courses, and via my YouTube channel as examples of composition, retouching techniques, colour-theory, and so on.
6. Price and payment
6.1. The total price of the Photographic Services and the Post-Shoot Services together will be as agreed in writing between us. These prices will be subject to VAT and travel expenses.
6.2. I will ask you to make a deposit of 20% of the total price when confirming your booking with me. This deposit will be deducted from the total price when calculating the remaining balance.
6.3. Payment of the remaining balance of the total price will be due 1 month before the shoot date. If you fail to pay the remaining balance of the total price 1 month before the shoot date, I may cancel the contract between us with immediate effect.
7. Information needed from you
7.1. I will need certain information from you that is necessary for me to provide the services, for example the date and location of your shoot and details of particular shots you would like photographed. I can meet with you to discuss your requirements and ask that you confirm in writing all necessary information.
7.2. If you do not, after being asked by me, provide me with this information within a reasonable period, or you provide me with incomplete or incorrect information, I may suspend the services by giving you written notice. I will not be liable for any delay or non-performance where you have not provided this information to me after I have asked.
8. Events outside my control
8.1. I will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outside My Control, meaning any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.2. If an Event Outside My Control takes place that affects the performance of my obligations under these terms:
a) I will contact you as soon as reasonably possible to notify you; and
b) My obligations under these terms will be suspended and the time for performance of my obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control will affect my performance of Photographic Services, I will endeavour to put you in touch with another suitable photographer as soon as reasonably possible.
8.3. You may cancel the contract if an Event Outside My Control takes place and you no longer wish me to provide the Photographic Services to you. Please see your cancellation rights under Clause 8.
9. Your rights to cancel
9.1. If you cancel your order with me up to 3 months before the shoot date, I will refund your deposit. If you have paid the remaining balance of the total price before this date, I will return these funds to you.
9.2. If you cancel your order with me less than 3 months before the wedding date, I will not refund your deposit. If you have paid the remaining balance of the total price before this date, I will return these funds to you.
9.3. If you cancel your order with me less than 1 month before the wedding date, I will not refund your deposit and 100% of the total price will be payable to me. If you have paid the remaining balance of the total price before this date, I will not return these funds to you.
9.4. However, in the circumstances that an Event Outside My Control occurs that affects the performance of our obligations under these terms, you are entitled to cancel your order at any time and I will return your deposit and any other funds paid to me.
10. My right to cancel
10.1. I may have to cancel an order for photographic services due to an Event Outside My Control in accordance with clause 7 or the unavailability of key personnel or key materials without which I cannot provide the services. I will promptly contact you if this happens.
10.2. If I have to cancel an order under clause 9.1 and you have made any payment in advance for services that have not been provided to you, I will refund these amounts to you.
10.3. I may cancel the order for services at any time with immediate effect by giving you written notice if:
a) you do not pay me when you are supposed to as set out in Clause 5.
b) you break the contract in any other material way and you do not correct or fix the situation within 10 days of me asking you to in writing.
11. Limitation of liability
11.1. I shall under no circumstances be liable to you for any indirect or consequential loss in connection with the services governed by these terms and conditions and my total liability in respect of all other losses shall in no circumstances exceed the total price paid in accordance with Clause 5.
11.2. Nothing in these terms and conditions shall limit or exclude my liability for death or personal injury caused by my negligence or liability for fraud or fraudulent misrepresentation.
12. Severance
12.1. If a court or any other competent authority finds that any provision of these terms and conditions is invalid, illegal or unenforceable, that provision shall to the extent required be deemed deleted and the validity and enforceability of the other provisions shall not be affected. If any invalid, unenforceable or illegal provision of these terms and conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.