1.Autumn House Photography (AHP) will do everything reasonably possible to deliver the service ordered, subject to the constraints of location, weather and other adverse factors. The customer accepts responsibility for the consequences of failing to co-operate with reasonable requests of the photographer and his/her assistants.
2.The Customer accepts responsibility for any incompleteness or inaccuracy of booking forms submitted to AHP, and any consequences related thereto. The Customer agrees to keep AHP informed of any changes or possible changes to a booking as soon as reasonably possible.
3. Payment Terms
(a) A £200 non-refundable cleared deposit is required to secure the date and fix the price of the wedding.
(b) 50% of the balance is payable six months (180 days) before the date of the wedding.
(c) The final 50% of the balance is payable at any time prior to the date of the wedding.
(d) Should final payment remain outstanding on the day of the wedding, any photographic service provided by AHP will be at the discretion of AHP. Subsequently, no images will be delivered or demonstrated to the Customer until payment has been cleared in full.
(e) AHP will accept payment by Cash, Cheque or Bank Transfer. Our bank account details are available upon request. Cheques may require up to 10 days to clear. AHP do not normally take credit cards, although we can accept these through Paypal by special arrangement. There will be a 5% surcharge for such an arrangement. Any charges resulting from clearance of payment by the Customer will be charged back to the Customer.
4. Cancellation, Postponement and Refunds
(a) Cancellation up to 180 calendar days in advance of the wedding date will result in a refund of any payment made in excess of the £200 non-refundable deposit.
(b) Cancellation within 180 calendar days of the wedding date will be subject to loss of 50% of the balance, in addtiion to the £200 non-refundable deposit. Any additional payment made by the Customer will be refunded.
(c) If postponement of the wedding occurs at any time, the Customer may request that AHP retain such money as has already been paid, and simply move the date. Whilst AHP will make every effort to help, if for any reason we are unable to accommodate the new date (e.g. an existing booking), then AHP will consider that the customer has cancelled the wedding and cancellation terms will apply.
(d) Should AHP, for reasons associated with the operation of its business, be unable to provide the wedding photography service either in part or in full, the Customer shall be due a refund; this refund to be agreed between AHP and the Customer as a reasonable measure of work done. The maximum liability for AHP shall be limited to the total value of the service AHP agreed to provide, and for which the Customer has paid, including any normally non-refundable deposit.
Digital Wedding Albums
5. Digital Wedding Albums will be designed in the first instance by AHP. The photographs chosen, and the page design layouts resulting, will be at the discretion of AHP. Subsequently, changes to the album are collaborative between AHP and the Customer subject to the following conditions:
(a) The Customer has the option to request any reasonable number of picture transpositions, picture removals or additional pictures within the existing design framework of the album; or to request additional pages up to the album limit, or to request page removals.
(b) Where the Customer requests fewer pages than originally agreed when booking the photographic service and album, the price for the album will remain unchanged. However, any pages above those originally agreed will be chargeable.
(c) More extensive changes requiring full design re-work will be limited to a maximum of 8 significant changes per album. Whether a change is considered significant is at the discretion of AHP. Further changes may be chargeable at a nominal rate of £20/hour.
(d) Although Album Change Control can be handled entirely on-line, changes cannot be made directly by the Customer. Changes are requested by the Customer, preferably through E-mail, implemented by AHP, and then reposted for the Customer to review.
(e) To view proof materials, the Customer will require a computer (preferably with an Internet connection) or a CD/DVD player capable of replaying JPG images from a data disk. AHP do not under any circumstances provide hard-copy proof-prints.
6. A £50 deposit is usually required to secure the date and fix the price of your booking. This deposit is non-refundable; however, it may be possible to transfer it to an alternative service, or re-arrange the booking, at the discretion of AHP.
7. A Contract for the supply of goods or services shall only come into existence between AHP and the Customer when a suitable deposit has been cleared by AHP, or a contract exists in writing. Where a booking is non-contractual and/or no deposit has been paid, AHP are under no obligation to attend, photograph or in any way contribute to the booking. However, AHP will always try to honour any commitment made to a Customer where reasonably possible.
8. If in the business interests of AHP it becomes necessary for AHP to cancel a booking, AHP will inform the Customer at the earliest opportunity. Any deposit or attendance fee paid will be refunded in full. The maximum liability for AHP shall be limited to the total value of the service offered and paid for by the Customer.
9. Invoices are payable in advance of the delivery of material deliverables e.g. Prints. Payment Terms are strictly within 30 days of receipt of invoice.
10. Material deliverables which are requested by the customer to be posted will be dispatched by reputable Courier or Postal Service, with appropriate material value insurance. AHP will take all reasonable precautions to ensure safe delivery, but accept no responsibility for failure of a third party.
11. Under English Law, copyright and ownership of an image remains with the Photographer, in this case AHP. The unauthorised reproduction or transmission of any AHP image which has not been legitimately acquired is strictly forbidden, and we may seek redress through legal process if we feel that our copyright has been breached.
12. The sale of the image is an agreement between AHP and the Customer for each to use the image in the manner described herein. These conditions can only be changed by written agreement between the two parties.
(a) For non-commercial Customers, the Right of Use is personal only. Images may be reproduced and circulated in any way, but not used for financial gain. AHP may use some images for advertising purposes, unless the Customer has specifically requested otherwise, or it may be in some way detrimental to the Customer. AHP will not use images for financial gain without the Customer's permission. AHP undertake that images used for public display will not be altered in a manner derogatory to the subject, or misleading in context. For the mutual benefit of AHP and the Customer, some images may be posted on the AHP blog and/or website. If you wish us to remove such pictures, please contact us.
(b) For commercial Customers, the Right of Use is comprehensive, unless otherwise described by written contract. AHP may use some images for advertising purposes, unless the Customer has specifically requested otherwise, or it may be in some way detrimental to the Customer.
13. Reproduction of images is subject to the physical limitations of the printing, framing and mounting process involved.
(a) Colour reproduction, unless specifically agreed between the Customer and AHP in writing, is subject to reasonable latitude. Some specific colours - typically shades of blue-green and indigo-purple - may not be recorded correctly owing to the colour response curve of the camera sensor - such limitations are unavoidable, and outside of our control.
(b) There are limitations on print size and width-height ratio owing to the physical dimensions and quality of the source image. Where no specific agreement has been made with the Customer, cropping, enlargement and retouching of images that do not naturally 'fill the frame' will be done at the discretion of AHP.
14. Any time or date stated by AHP for the delivery of material deliverables is an estimate only. Although AHP will endeavour to deliver according to any agreement with the Customer, AHP will not be liable for any damages whatsoever associated with late delivery.
15. Image disks and memory sticks can be sent via Royal Mail, or collected in person.
16. Owing to their considerable value, albums must be collected in person.
16. In addition to your statutory rights, AHP will, free of charge, either repair or (at its option) replace any material deliverables which become defective within a period of 12 months from the date on which the Customer is deemed to have taken delivery of the same, provided that:
(a) The defect is demonstrably due solely to faulty materials or workmanship on the part of AHP or its suppliers;
(b) The defect is in no way attributable to poor handling, conditions of storage, alteration, repair or adjustment by the Customer;
(c) The defective goods are returned to AHP’s business address as soon as the defect has been discovered, either in person, or securely packed against damage.
17. AHP shall not be liable to the Customer for any loss of profit or damages, or consequential loss or damages, arising out of failure to deliver either a service or a material deliverable. The entire liability of AHP shall not exceed the combined cost of repair or replacement of the material deliverables, and of the service which generated them.
18. AHP shall not be liable for any loss or damage or consequential loss or damage arising from circumstances outside its control.
19. The Contract of Sale and these Conditions shall be governed by English Law as of 1st February 2018.