Photography
Terms & Conditions
By booking with David Charles Photography & AV you are agreeing to the terms and conditions as set out below. Please read these carefully and if you are in doubt regarding any of the information contained within these terms, please contact us to discuss further clarification at www.davidcharlesphotographyandav.co.uk/contact. Our terms and conditions and insurances cover all our commercial photography projects www.davidcharlesphotographycommercial.co.uk
In most instances, a physical contract will not be signed. However, by confirming a booking (email, writing, recorded telephone conversation) with David Charles Photography & AV you are agreeing to and are bound by the following terms and conditions as if it were contractual. For further clarity, please contact us and we will be happy to explain any or part of these terms prior to booking with us.
Booking
The Booking fee secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 12 weeks (3 months) prior to the event (wedding/corporate event/family shoot etc) will result in the payment in full. All cancellations must be in writing (email or post). Events that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
If a wedding client fails to pay the full balance within the 2 weeks prior to their wedding DCP&AV reserve the right to cancel the booking,not attend the wedding and the balance will still be payable (due to loss suffered by the photographer). the All deposits paid are for services rendered (for example, consultation, travel and initial set up fees, including specific project equipment purchases. (in some cases, equipment purchased prior to the project taking place will be charged to the client even if the project is not completed due to the customer withdrawing)
DCP&AV operate a first come first served policy and it is not unusual for multiple enquiries for one date to come through, in the event of this happening DCP&AV will choose the first enquiry by date. However if a deposit has been paid and the customer has been securely booked in the diary the first come first served policy will be based on the first person to book and pay their deposit. No liability will be accepted if the customer takes it upon themselves to cancel any previously booked photographers prior to both parties agreeing a booking. Further more, if confirmation of order and a deposit payment has not been received, then neither parties are liable to any action which may be sought.
At the initial consultation we will show the customer a gallery of images, there is also a gallery of images on this website and at www.facebook.com/davidcharlesphotographyandav - This is our photography style and the customer should book our services based on our previous work and. We can not guarantee the replication of images the customer has found by another photographer on the internet, however every effort will be made to capture special requests.
Payments
An minimum deposit of 10% shall be paid to secure the date. The final balance will be payable a minimum of 2 weeks prior to the event/projet. Payment can either be cash or bank transfer made payable to Colin Charlesworth (owner of David Charles Photography & AV) and bank transfer information can be obtained upon request. Commercial and Corporate clients will be on a pro-forma basis for the first 3 shoots, payment in most circumstances will be upfront before any work commences. Payment prior to receiving images taken by David Charles Photography & AV will be mandatory, usage of images for commercial/private and/or financial gain will result in legal action being taken as per our copyright section of our terms and conditions . Providing clients pass the credit checks a 30 day account will be set up. Early settlement will be available to all account holders who pay up front, this settlement will never exceed 3% (at the discretion of the owner, Colin Charlesworth)
All payments made are non-refundable should the customer decide to cancel. For example: If the customer decides to pay in instalments and then cancels (even if it is 12 months prior to their wedding for example) all payments will be retained and not refunded. In some instances (and at DCP&AV's discretion) the amount paid may be transferred to another event (subject to availability) - If however DCP&AV can not honour the contract and cancels outside the set terms and conditions a full refund will be given.
Display
The Photographer/s may display any photographs included in this contract in his/her, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows within the laws of the date protection act.
Images
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance 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 or digitally the exact colour as seen by the human eye.
Any specific image requests will be attempted but can not be guaranteed due to various unforeseen circumstances out of the control of the photographer. In some instances "mock" photographs can be arranged.
* Weddings only - Images of family members/bridesmaids/groomsmen/even the bride walking down the isle can not be guaranteed. There can be many reasons for not capturing these moments for example a. a restrictive venue/vicar/registrar b. the photographer deems it unsuitable to be "in the way" during a special moment. c. a restrictive space d. lighting conditions etc. Every attempt will be made to ensure these images are captured but can not be (like most images) guaranteed.
No refunds will be given if certain family members are missed from the photographs. A list is usually drawn up between the client and the photographer and unless these images are specifically mentioned the photographer attending the wedding will not be aware of the clients requirements and can not be at blame for not capturing the image (however obvious it may seem to the client).
The photographer may take more photographs on the day than the client receives, this is due to the photographer taking multiple images of the same thing to ensure the correct exposure and or to combat any unforeseen movements and or blinking. In most occasions all the high standard images will be passed on to the client. David Charles Photography & AV will not send any half finished/RAW and/or deleted shots to the client to retain a standard of professional integrity.
If guests take it upon themselves to remove/add items of clothing (for example jackets/hats/shoes) due to them being restrictive and/or due to warm/cold weather, it is not the photographers responsibility to ensure that they are fully clothed. Any clients removing clothing completely will not be photographed on the grounds of decency.
We do try to get images of as many people at an event as we physically can, however it is not always possible to get images of everybody. If the client wishes to have images of every person at their wedding we advise booking a second photographer and informing us of the aforementioned requirement..
DCPAV have an ethos of great photography at great prices therefore to keep our costs down we adopt a "reasonable limit" of photographs taken at any event. Usually there are very loose but not enforced limits to the amount of photographs taken. for example, full day weddings - 300 images, half day weddings 150 images, Corporate events - 100 - 300 depending on the event taking place and family/baby/portfolio shoots 30-40 images. It is at the photographers discretion as to whether they will take more images and pass them on to the client. In most occasions suitable/useable extra photographs will be passed on to the client. There maybe a cost involved in asking for more than the reasonable limit but this can be discussed..
Candid package clarification
If the client has chosen our candid package, please be aware that there will not be any posed or group shots taken by the photographer whatsoever, if the photographer is asked at any point to set up group shots there will be a minimum charge of £100.00. Fly on the wall photography is exactly as it sounds, the photographer will discretely photograph guests throughout the day smiling, laughing, crying, chatting etc. Similarly to other packages, it is not always possible to capture everyone at the wedding, the photographer will only capture an image where a guest is showing an emotion worth capturing. The ceremony will be photographed where possible and other events such as the first dance will also be captured. Cake cutting, signing of the register, group shots and other pre-posed shots will not be set up, this is the responsibility of the guests/venue/bride and groom to arrange for the family to photograph, the photographer will use these moments to capture more candid shots of the guests/bride/groom etc.
Image Manipulation
Images will be edited as agreed prior to the shoot (depending on the clients requirements) to the standard of the edits shown in the photographers portfolio. Further edits will be chargeable but not until this has been agreed with the client.
For Example: unless otherwise agreed in writing by the client the definition of editing will consist of cropping, contrast alterations and colour alterations only (further edits will be at the discretion of the editing photographer)
Due to the complex nature and time involvement, airbrushing is not included in the definition "editing" and will incur a further charge should this be requested after the event. A quote will be formulated prior to an event should the customer wish to have their images air brushed.
Reorders/Digital Downloads
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing. Photographs will be kept for no longer than 1 year from the date they are taken (or 6 months for corporate customers) therefore re-orders of the CD/USB should be made in this period.
David Charles Photography and AV will (if requested and/or is part of a certain package) provide a link for customers to view, purchase prints via a link which will be emailed to them after the images have been edited. The print option is the default setting and customer should mention to a representative of DCP&AV upon booking whether they would like digital downloads or prints . With the digital download option customers can purchase and download any image from a wedding or family shoot. The images will be emailed to the customer/s digitally and will not include a print.
Images can be printed via David Charles Photography & AV however to keep agreat value to our service we let our customers download and own a digital copy of the image. This way, they can print the image as many times as they wish with whomever they wish.
All prints purchased via the Pixiset link will be dealt with by an external printing company and no liability for delay in delivery, quality of prints or service will be accepted by David Charles Photography & AV. It is suggested that to continue with the excellent service provided by David Charles Photography & AV you should order your prints directly with DCP&AV.
This service is new to DCP&AV and therefore may have a few teething problems at the very start, please bear with us while we iron any issues out. Any feedback will be greatly appreciated.
Copyright
A print releases will be handed over to the client on presentation of the photographs. In some instances where photographs have been taken for zero fee's the photographer will keep the print release to the images and these will be watermarked. All copyrighted images may be displayed without prior consent to David Charles Photography and AV as long as the client ensures that the watermark stays with the photograph and has been agreed in writing by Colin Charlesworth (owner of DCP&AV).
The images will always remain the property of the photographer and the print release will be passed to the customer for their personal use only. Similarly with business copyright. However the images will be for business use only.
Any trading company and/or individual that uses David Charles Photography & AV's images without written prior copyright consent (business or personal) from DCP&AV will be liable to a charge of £1000 per image per month until the image has been removed and usage of the image has been compensated back to DCP&AV. Charges will be backdated as to when the image was first used outside of the terms set by the original agreement.
License
The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force majeure or 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.
Attendance
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.
Full day photography time limits will be agreed during the consultation. However when customers choose to have their first dance captured the contract for photography will extend no further than 8.30pm at the very latest.
Should guests at any event not wish to have their photograph taken it is not the photographers responsibility to either "talk them in to the photograph" or upset them by secretly photographing them in a "candid" style.
The photographer will make every attempt to photograph your event, however if for whatever reason this is not possible due to reasons out of the control of the photographer for example. a. the unwillingness of the guests to be photographed b. the venue will not permit professional photography on their premises or c. the venue chosen does not lend itself to capturing photographs (pitch black, very low light, candle light etc) no refunds will be given. However, should the photographer not attend the event without providing a replacement photographer a full refund will be issued
We operate a zero tolerance policy and should the photographer/s be threatened and/or intimidated by any guest throughout the duration of the photography session (unless the threat is dealt with by a member outside David Charles Photography & AV to resolve the issue) the photographer will leave the premises, no further photography will take place no images will be passed on to the client and no refunds will be offered.
Students/Assistants
We may from time to time appoint a student/assistant to aid us during the shoot, any photographs taken by the student/assistant will not be seen as an extension of the contract and the photographs will be used for training purposes only. * in some instances where the student photographer has taken a useable photograph, the image will be edited and passed on to the client. There will always be a professional photographer on location fulfilling the contract as agreed with the customer at the initial meeting.
Second Photographer
If you have booked a second photographer there is a chance that he/she may be a student photographer and/or a DCP&AV assistant. Their work can not be guaranteed by DCP&AV as they are appointed as a sub-contractor and are not employees of DCP&AV - All photographs taken by the second photographer remain property of the second photographer. Any issues regarding quality and/or refunds should be taken up directly with the appointed second photographer. Details of which will be provided by DCP&AV.
DCP&AV understand that providing you with a substandard second photographer reflects badly on the company and before agreeing to use a second photographer we insist that they attend at least 4 weddings with us free of charge to prove that their work is to an acceptable standard and their personalities reflect the ethos of DCP&AV
Throughout the duration of the contract/shoot there will always be a professional photographer in attendance.
Second photographers will be there to capture moments which can not physically be captured by the main photographer (during group/formal shots etc) therefore the images provided by the second photographer will be candid/reportage style.
Limitation of Liability
In the unlikely event of a total 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.
Cancellation
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full.
Negatives/Digital Files
Negatives / digital files remain the property of The Photographers.
Blinking
Should the photographer notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them. Focus will be mainly on the bride and groom.
Complaints
Any complaints should first be raised by the Client with the Photographer/s in writing within 7 days from the date of receipt of images. Complaints received after this date will not be dealt with.
Vouchers and special offers
Vouchers can only be used once and multiple deals/offers can not be used together. (for example our 10% off voucher can not be used in conjunction with our family photography deal) If the customer has bought and payed for a wedding package through Groupon or other similar daily deal websites and they cancel, for whatever reason, their money can not be refunded. This is due to daily deal websites taking a percentage of the amount paid. However, if for any reason I have to cancel and I can not source another photographer in time for the wedding, the full amount will be refunded to the customer.
Wedding album, DVD/CD & general printing terms
If a customer has not received their DVD of images in the post within 6 weeks of their wedding it is the customers responsibility to contact DCP&AV to advise that it has not yet been received. In this instance a second copy will be sent out immediately. Unless we are advised that the customer has not received their DVD and the customer has not made any attempt to contact us we will not be aware of any issue and assume that no further action is required. (if there has been an attempt to contact us, proof of this will be required before we can take the matter any further)
All photographs will be placed in the album in a similar way to the image samples within our sample albums, If the customer has chosen to have a consultation with us, the album design will be shown to the customer and a similar layout will be issued. No refunds will be accepted unless the images are unrecognisable and/or there is a substantial issue with the manufacturing quality of the album/print build.
Once an album has been bought and paid for (due to pre-ordering) we can not accept any cancellations, all albums which have been bought and paid for which are subsequently cancelled will not be refunded to the customer. All albums will contain up to 15 pages (30x sides) and unless otherwise stated will contain 40 to 50 of the customers choice of images depending on the orientation of the images chosen by the customer (for example more portrait than landscape) there may be less than 15 pages in the album. All album proof's will be sent to the client prior to printing.
Should our supplier of canvases and albums go in to liquidation or similar every effort will be made to obtain either the same or similar product which you have paid for. There may be an additional wait for the arrival of your product, but every effort will be made to ensure that a product is delivered.
When we print images you have ordered, small imperfections may become apparent when the image has been enlarged. This is completely out of the hands of both the printing company and the photographer and refunds will not be given if this is the case. Printing defects due to printing processes only will be refunded and/or replaced.
Images may have to be cropped, this is completely normal if the customer has requested a crop ratio to a size different to the ratio of the image they have. All crops will be sent to the customer for proofing prior to being sent to print. During the proofing process the customer has a chance to check whether there are any imperfections in the image which may become exaggerated when enlarged.
Prints will look as close to the images you have on DVD/online as possible. However due to differences in TV/monitor screens there may be slight differences in colour, this is normal and would be the case if prints were ordered from DCP&AV or any another company.
If the client choses our Gold wedding package with the offer of "any album within our range" and does not specify which album they would like upon booking and/or upon presenting DCP&AV with their image numbers, the album "Rhapsody" will be the default choice when ordering.
All prints are in sRGB unless otherwise requested and/or stated
PLEASE NOTE:
All customers purchasing wedding albums must send DCP&AV their image choices no later than 8 weeks after receiving the digital images on DVD/CD - If the cost price increases during this time there will be no further charges. However if the album is ordered after the 8 week deadline and the supplier increases their cost price there will be a further charge to the value of the increase by the supplier.
If a customer has paid for an album and does not send their image choices (as instructed in the letter enclosed with the DVD of images) within 12 months of the original purchase/invoice date, David Charles Photography & AV reserve the right to cancel the order without refund or notice. Exceptional circumstances (and if their has been good communication of such circumstances by the customer) may be considered but can not guaranteed.
Family shoot terms (and vouchers)
All photographs deemed useable by the photographer will be edited and passed on to the customer, this usually consists of up to 30 images (in some cases a few more or less maybe useable). Full copyright will be given to the customer for personal use only.
Home visit family photography will be charged either via invoice pre-shoot or cash on the day of the shoot, any cancellations up to 48 hours prior to the shoot will be liable for the payment in full. Exceptional circumstances (and if their has been good communication of such circumstances by the customer) may be considered but can not guaranteed.
Family shoots are limited to parents and children (for example mother father son and daughter only) If a customer invites other members of the family (ie but not limited to: cousins, neighbours children, in-laws, parents etc) there will be a further charge to the value of the initial shoot payable up front and/or £10 per extra body.
Vouchers are valid for a period of 3 months from the date of purchase and can not be redeemed for cash. A refund will not be given if the customer changes their minds. There may be a charge for fuel should the family shoot be a distance from the studio or on a location of the clients choice.
Short photography session terms
David Charles Photography & AV from time to time will visit schools, baby groups and similar offering a 10/15 minute photo session against a white backdrop for a small fee. We will edit and pass on up to 5 images on CD/DVD for you to do with what you wish. However, there will be a charge of £10 (per image) should the client wish to have an image air brushed/edited differently.
We may take more images than you receive, this is due to the photographer taking multiple images to ensure a suitable image is captured to pass to the client. The "unedited/test/unusable images will be deleted and not passed on, this is to retain a standard professional integrity. If you do wish to have more images it is suggested that you book a separate session with the photographer at an alternative time that suits you and your family.
All the images will be kept for a maximum of 1 month, after this time no further edits/duplications of the CD/DVD will be available.
The CD/DVD's passed to the client should work in all laptops and home computers, they may not always work in DVD players, however if you have any issues with the CD/DVD on your computer (not showing images/blank CD/DVD etc) please get in touch and we will be more than happy to send over a second CD/DVD free of charge. (All images will be presented in JPEG format)
Photo-Booth terms
The photo-booth will consist of a patterned/cloth/grey or black background and props for all your guests to use.
The booth will be an “open” booth (backdrop) without sides so that your guests can see all the action as it happens.
Prints will not be provided on the night however images will be made available in an online gallery for your guests to download free of charge for a period of 48hours once we have sent you the link via email. (a copy of the images will also be provided on DVD/CD to the client.
Please ensure that there is a sufficient space for the set up (about 8ftx8ft) at your venue as no refunds will be offered if the venue are unaware and there is nowhere to set the backdrop system up. (Alternatives may be arranged, such as props only on the dance floor, however his will be discussed with you prior to the change)
Please also note that any breakages regarding the screen, camera and/or backdrop system will have to be paid for at replacement cost. However, props are covered in the cost you pay and all prop breakages will be replaced free of charge.
It is advised that a maximum of 3 or 4 people have their photograph taken at any one time, any more than this will result in them not being captured on the photograph.
Insurance
David Charles Photography & AV and David Charles Photography Commercial (the same company) are fully insured for public liability and professional indemnity, if you wish to see a copy of these documents please contact us and we will be more than happy to provide an up to date copy of our policy. No liability will be accepted for the loss of images via the postal system. However, David Charles Photography and AV will provide a second copy of your images free of charge should you not receive them. (All DVD's will be sent 2nd class standard post, unless otherwise stated at the consultation or prior to the images being sent, this may incur an extra charge to the value of the postage)
Make-up Photography Extra
An extra, subject to availability and David Charles Photography & AV reserve the right to cancel/amend the option should the make-up artist not be available - There will be no cost to you if this is the case.
Make-up Payments
All payments for the make-up will be paid directly to David Charles Photography & AV and will show on your final invoice as "make-up" extra. David Charles Photography and AV will pay the make-up artist (there is no mark up) directly. Therefore you need to do nothing regarding paying two separate companies.
The make-up artist will contact you to arrange a trial and for a chat about your plans for the day (we may include this in the initial consultation)
The make-up artist will provide make-up for the bride (In the morning during bridal preparations) and up to 3 bridesmaids (this is due to the time in which it takes to apply the makeup as rushing the application is not advised) - There will be no refunds/rebates if you only require 1 or 2 bridesmaids, the price is based on the quality of work and for the time the make-up artist will be on site (most of the day)
If you have booked the Bronze package plus make up the makeup artist will stay until the photographer leaves (just after the group shots
If you have booked the Silver Package - the makeup artist will stay until just after the speeches (unless agreed otherwise) for the special bride and groom shots.
If you have booked the Gold Package the makeup artist will stay until just after the speeches (unless agreed otherwise) for the special bride and groom shots
If you have booked the platinum Package the makeup artist will stay until just after the speeches (unless agreed otherwise) for the special bride and groom shots
The insurances for the make-up will be provided separately by the make-up artist and they are in no way associated with David Charles Photography & AV - All enquiries/complaints should be directed towards the make-up artist within 7 days of the wedding date. After this date no further action can be taken.
For further clarity on these terms and conditions please contact colin@davidcharlesphotographyandav.co.uk
