Terms & conditions - Weddings
1. Wedding Photography Terms and Conditions
In the following terms & conditions “the photographer” shall mean Jenna Meeking trading as Jenna Meeking Photography. “The client(s)” shall be those persons defined as bride and groom in the wedding booking. 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.
2. Booking Fee
A booking fee of £500 is due upon booking which is non-refundable after 14 days (unless otherwise agreed). 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 at least two weeks before the wedding day. The photographer has the right to not deliver any images until the final payment has been made.
2.1 If I cancel after 14 days, how much will I need to pay?
If the consumer exercises their right to cancel after having made a request in accordance with regulation 36(1) which stipulate the request must be in writing, the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4).
Cancellation costs for cancellation requests received after the 14-day period are as follows:
- 14 days after booking and less than 1 year before your wedding day - 25% of remaining balance
- 14 days after booking and less than 6 months before your wedding day - 50% of remaining balance
- 14 days after booking and less than 2 months before your wedding day - 100% of remaining balance
3. 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 services until any changes are received in advance, and acknowledged in writing. Weddings that are postponed to a later date will retain any fees as long as the photographer can re-schedule for the new date and time.
4. Travel Expenses
All travel expenses are based on the distance between the event location(s) and the photographers address. For all event(s), the first 40 miles roundtrip of travel are included. All miles in excess of 40 miles roundtrip are charged at 44p per mile.
The client may cancel this contract at any time by giving written notice (email is acceptable) to the photographer/s but in doing so will forfeit the booking fee and may still be liable to pay extra fees (see 2.1). Cancellation 2-months prior to the wedding will result in the full balance not being returned, unless unforeseen circumstances have been agreed by both the client and the photographer/s. If you cancel due to a change in date, the balance will be brought forward, as long as the photographer/s can attend the new booking. All cancellations and changes must be in writing.
Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client gives permission for photographer to use their name, images and photographic likeness in advertising, display, publication or other purposes. Negatives, digital files, websites and previews remain the exclusive property of Jenna Meeking Photography.
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. Please ensure you have had this discussion with the official in charge prior to your wedding for your understanding.
Photographer does not guarantee any specific poses and/or effects, but will produce photographs that timing, lighting, weather, building characteristics, church (ceremony location) rules, interference from other cameras, and wedding participant/attendee cooperation permits.
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.
9. Prints/ Re-orders
All prints and re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted unless orders are given in writing.
10. Wedding Albums
As wedding albums are bespoke, hand made products that are individually commissioned for each couple are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’, with that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to you.
Album design is a collaborative process involving input from couples in choosing and sharing album photos with me and advising of preferences with design and customisation. The time involved in designing wedding albums can vary considerably depending on the features of your design. If your album design will feature lots of personalised elements, the process will be longer and require more input from you.
Once you have approved the proofs, your album will be sent for print and any further enquiries will be a matter for the printing company (turn around time once sent to print is usually 7-working days).
Wedding albums are temperature and humidity sensitive and should be stored at room temperature and not in a loft or out building. Warping of the pages can occur if they are stored below room temperature or in humid conditions. Wedding albums should be stored flat to protect the spine, unless advised otherwise.
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 1998. 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. Jenna Meeking Photography gives permission to print any digital images given to you as part of your package. However, you may not use these images to enter any competitions or sell them for your own profits, unless agreed otherwise in writing.
The photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The photographer’s 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 of the images requested.
13. Photographer cancellation
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly 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. In the unlikely event of the assigned photographer being unable to attend your wedding due to unforeseen circumstances, the photographer reserves the right to appoint another photographer to attend your wedding on their behalf, to undertake the wedding photography to his/her best ability.
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 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.
The client expressly releases photographer from all claims, damages, and liabilities that may result from accidents or incidents that occur while services are being performed or thereafter. This waiver of liability includes waiver of any claim that may be a result of negligence.
15. Personal accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be said at the persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
16. Harassment Policy
Coverage will be terminated if a guest at the wedding or event acts inappropriately towards the photographer and cannot be resolved.
17. General Data Protection Regulation (GDPR)
From the 25th May 2018 new GDPR laws will apply. They are as follows:
By giving me your email (i.e. filling out the enquiry form) you agree I can contact you regarding your enquiry and send you photography related marketing material. You may opt-out at any time. You can ask for your data to be deleted or you can ask for a copy of the data held to be given to you.
17b. Forgotten clause
You have the right to be forgotten i.e. all of the information I have on you will be totally and utterly deleted from all current systems and previous backups. It can also include erasing your images, including backups. Your details and images will be kept on record unless otherwise requested.
17c. Third party consent
The photographer does not give permission to any third party organisations to use the images unless otherwise agreed in writing from the clients and a licence bought from the photographer.
17d. Right to withdraw
By agreeing to these terms and conditions you are giving your consent for your images to be used for marketing purposes.The clients have the right to withdraw their consent at any time (please do so in writing).
17e. Selling to third parties
Under no circumstances will your personal data (e.g. email, phone or home address) be sold to any third parties and all of your information will be stored on a password protected database.
18. Governing Law
This agreement shall be governed in accordance with the laws of England and Wales.
19. Binding agreement
I, the Contracting Party, confirm that I have read the herein agreement prior to its execution and I understand the contents thereof. I understand, once the booking fee has been made, this agreement shall be binding.
Updated 12th April 2018 - for new GDPR laws.