1. Photographer’s Responsibilities.
a. Lewis Murray Photography (“Photographer”) hereby agrees to perform photographic services for Client at the Event specified in a professional, workman like manner according to the prevailing standards in the industry (“Services”). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
b. If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.
2. Deposit/Payment for Weddings
A non-refundable deposit of £200 (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made at least 1 month before the event date. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned deposit), to attend the Event or to supply images.
3. Copyright
The 1998 Copyright, Designs, and Patents Act assigns copyright to Lewis Murray. You may not copy the photographs taken under this contract, or allow copies to be made photographically, electronically, or by any other means, unless permission is granted in writing by Lewis Murray Photography. A copyright licence is granted to the client for the images provided in high resolution for the personal use only (printing and sharing with friends and family), should further use be required an additional licence is required in agreement with Lewis Murray Photography.
4. Term
The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final images to the Client, unless terminated earlier as provided herein.
5. Event Changes
Photographer must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer’s availability.
6. Cancellation
Upon acceptance of these terms and payment of the deposit, Photographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by Client. Cancellation by client within 1 month of the date of the wedding will require payment in full. The cancellation conditions above will apply for postponed weddings if the photographer is not able to re-schedule for the new date and time.
7. Creative Licence
Lewis Murray Photography shall be granted creative and artistic licence in relation to the choice of locations and poses used. The Photographer’s judgment 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 the photographer 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. The number of images supplied will be a minimum of 150. The actual number provided will be carefully considered and determined by Lewis Murray Photography. Only images that meet Lewis Murray Photography’s creative standards will be provided.
8. Image size, colour, style and composition
All image sizes are approximate. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record digitally or in print the exact colour as seen by the human eye. There is no right to reject on the basis of style or composition.
9. Delivery Date
Delivery of final images will be supplied to the client within 6 weeks of event date.
10. Model Release
Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
11. Force Majeure
If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any deposit), and this Agreement shall immediately terminate.
12. Solicitor’s Fees
The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitor’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
13. Indemnification
Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
14. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstances, 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.
15. Event Meals
Client shall arrange with the caterer for meals to be provided to Photographer and 1 assistant (if applicable).
16. Protection of Deliverables/Retention of Files
Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Final Images are delivered to Client. Once the Final Images have been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
17. Exclusivity
Lewis Murray Photography shall be the sole professional (still) photographer at the event. We do however positively encourage family, friends and other guests to take photographs throughout the day.
18. Privacy
Lewis Murray Photography will store your details on a cloud-based CRM (Customer Relationship Management) platform with rigorous security standards in place. These details will not be made available to companies or individuals outside of Lewis Murray Photography or the chosen CRM platform.