GENERAL WEDDING PHOTOGRAPHY TERMS AND CONDITIONS (These will differ slightly depending on the package you go for, what we agree and will be given to you officially as part of the contract)

This wedding photography contract is a ‘mixed’ contract which includes both ‘services’ and ‘goods’. The ‘services’ part includes but is not limited to the Pre wedding meeting, venue visit, engagement shoot (If this has been added to the original Wedding Package), wedding photography coverage on your wedding day, and the processing and editing of files afterwards and the administration including the export, upload and setting up online albums. The ‘goods’ refers to the digital download of engagement and wedding shoot photographs from those albums. It also refers to the gift package post shoot that contains a minimum of 10 printed photographs.

TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES

In the following terms & conditions “the photographer” shall mean Wesley James Lacey trading as Lacey or Wesley Lacey Photography. “The client(s)” shall be those persons defined as bride and groom in the wedding booking or the person booking on their behalf with their consent. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Booking Fee / Deposit Payments

A non-refundable booking fee of £200 as well as full acceptance of the terms and conditions as published on the photographer’s website & supplied via email secures the time and services of the Photographer for the wedding and is none refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. These losses are as follows Pre wedding consultation, administrative time and costs regarding office equipment, internet, specialist client management software, the costs of my website, domain name, email and energy costs; the pre-wedding package as well as writing up the contract, invoice and communicating with you throughout.

The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due. Payment in full of the remaining balance will be due one calendar month before the wedding day. Weddings 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 the booking is made within one calendar month of the wedding day, payment is due in full at the time of booking.

Right to Cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day the contract starts, which is the day the booking fee is received.

To exercise the right to cancel, you must inform me Lacey (Wesley Lacey Photography, 30 Phillips Road, Loxley, Sheffield, S6 6SF) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of Cancellation

If you cancel this contract within the cancellation period, I will reimburse to you all payments received from you. I will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay me an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Cancellation after 14 days

The Client (you) may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. In the unlikely event of cancellation due to injury or sickness beyond Wesley James Lacey (Lacey/ Wesley Lacey Photography liability shall be limited to a full refund of all monies paid.

Your statutory rights are not affected. Wesley James Lacey has full Public Liability and Professional Indemnity Insurance. If the wedding is cancelled by or on behalf of the clients concerned here up to 16 weeks before the wedding, all monies paid, excluding the booking fee will be refunded. Less than 16 weeks before the wedding and a refund will be compensated as follows, based on the total agreed amount: 12 -10 weeks – 70% refunded, 10 - 4 weeks– 50% refunded and cancellations less than 4 weeks from the date of the weddings are as follows; 8 weeks is to short notice to take on another client, thus resulting in a loss of earnings. The full wedding package is £1500 which includes the booking fee, so minus the £200 booking fee for reasons already given, the total remaining amount is £1500 - £200 = £1300. The wedding consists of 10hrs for shooting (not including transport too and from) and 8hrs for editing, uploading and sharing. £1300/ 18hrs = £72.22 per hour. £72.22 x 10hrs is £722.22 which you therefore agree to pay in order to cover loss of earnings for the day of the shoot. If you have paid already in You agree to be refunded (or discounted) the remaining £577.76 (£72.22 x 8hrs/ 44% of £1300) for the latter service (editing and uploading) which will no longer be required..

All cancellations must be made in writing. to the address previously mentioned

Balance Payment

The remaining balance is due 7 days prior to the wedding day. Payment of any extras, such as albums and prints, are made after the wedding at the time of ordering, except if they form part of a bundled package. If a bundled package has been purchased then they form part of the remaining balance. In the event that full payment is not made by this deadline, Wesley Lacey Photography reserves the right to terminate this contract, retain the initial deposit and no longer be responsible for providing further services to the client.

Services

File processing including back up, storage & editing will commence following the wedding date & shall be completed within 35 days of the wedding date. The files will be available to view in an online gallery by the client in one month from the date of the wedding day.

Wedding Arrangements

The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received and acknowledged by the photographer in writing.

Display

The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, industry awards & sample albums etc.

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. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case. Lacey shall be granted creative & artistic licence in relation to the photographs/images.

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer’s judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost which shall be agreed between the parties before any post processing work is undertaken. Please get in touch to discuss your requirements.

Prints / Reorders

All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Purchased personalised products are non refundable.

Copyright

The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.

The 1998 Copyright, Designs, and Patents Act assigns copyright to Wesley Lacey Photography. Wesley releases the right for her client to print for personal use or post images electronically on social media. The images remain the property of Wesley Lacey Photography and cannot be altered, sold or published.

Licence

The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement 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. No one image is guaranteed. For events involving a church ceremony or other venues the photographers movements may be restricted by the minister or official in authority. This may restrict or prohibit photographing parts of all sometimes all of the ceremony. Such restrictions may also include the use of artificial lighting (Flash). The Photographer cannot accept responsibility for limited coverage in such circumstances.

Force Majeure or Act of God

Neither Wesley James Lacey Photographer or Wesley Lacey Photography shall be liable for any failure or delay in the performance of any of such party’s obligations under these Terms caused by any circumstances beyond such party’s reasonable or foreseeable control.

For the purposes of this contract Force Majeure/Acts of god refer to extraordinary events such as but not exhausted to a pandemic outbreak, events such as war, terrorism, earthquakes, fire, hurricanes, acts of government, plagues or epidemics.

An act of government will have occurred where a government body has imposed travel restrictions, quarantines, or trade embargoes, or has closed buildings or borders, restricted travel & work, affecting the ability to provide the services booked.

Should your wedding or event become affected by such an occurrence Wesley James Lacey will endeavour to rearrange the services booked for an alternative date at no additional cost to the agreed with the individuals/clients entered into this contract with. If a further postponement is required then every effort will be made to accommodate the request, however additional costs may occur.

Although all equipment is checked regularly, serviced and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

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.

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 (Agreed price for this booking). Neither party shall be liable for indirect or consequential loss.

Use of Sparklers/Coloured smoke

The photographer will not be held responsible for any injury/damage that may be caused by the use of these items during a photographic shoot. The grant of permission by a venue for the use of these products on their premises is solely the clients responsibility.

Personal Accident

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents or damage to items or clothing during a photographic shoot.

Guest Photographers

The client agrees to give the photographer precedence over the guests in order to the photographs required for the photography services described. The photographer cannot be held liable for a lack of any photograph due to guests behaviour adversely affecting the quality of the Photographer’s work. This clause includes but is not limited to flash photography or guests obstructing the view & access of the photographer.

Complaints

Complaint handling policy: Any complaints should be made via email. Complaints will be responded to within 7 working days.

In the unlikely event that you feel dissatisfied with your wedding day images received in your full wedding day gallery (excludes preview) clients should contact Wesley James Lacey (Lacey) within 14 days of receipt of gallery.

Governing Law

This agreement shall be governed in accordance with the laws of England and Wales. Please return a signed & scanned copy of this contract to confirm your booking.

Model release

This wedding photography contract serves as a model release.  This grants Wesley Lacey Photography the right to utilise images for but not limited to website, social media and marketing without further release.

Goods/ Refunds

The goods you will receive will match that which is stated on the package as advertised. You will receive a minimum of 600+ photos (Wedding package). Once the service of planning, photographing, editing, uploading and sharing has been completed, and all prior agreements have been met then there is no entitlement to a refund should you not like the photos. The goods are unique to you, bespoke and cannot be sold to anyone else. Wesley Lacey will however, endeavour to help should this situation arise. Please contact on contact@lacey.photography. If however the photos do not match the standard you have seen on his website and are blurry, distorted or very badly composed, or Wesley Lacey arrived late and missed important deadlines or seriously disrupted the day, then please get in touch to discuss ways that we may be able to resolve this issue.

Delivery

Once a set of high resolution digital files have been delivered, the responsibility to preserve the images passes to The Client, and the decision whether The Photographer will keep a copy or not will be entirely at The Photographer’s discretion.

It is strongly advised that you take out wedding insurance in the event that you have to cancel or rearrange your wedding