It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Matthew Scott Photography (also called “the Photographer” or “the Photographers”) in writing.
1. COPYRIGHT – The copyright, Designs & Patent Act 1988 assigns the copyright to the photographer. Clients provided with high-resolution digital photos as part of their package are licenced to use the photos for any non-commercial use.
The Client may not (either personally or via a third party) alter or add to or manipulate a picture by means of a computer or any other technique.
2. DISPLAY – The Photographer reserves the right for any photograph created during sessions to be entered into competitions and displayed in the studio, portfolio, or in any other advertising directly associated with Matthew Scott Photography.
3. FORCE MAJEURE – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by the Photographers owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc). In the unlikely event of total photographic failure or cancellation of this contract by the Photographers, liability shall be limited to a full refund of all monies paid.
4. LIABILITY – The Photographers shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
5. LICENCE & COVERAGE – The Photographers shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
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.
6. PHOTOGRAPHS – The Photographer agrees to have completed digital files available for The Couple within 8 weeks of the wedding date. Upon receipt of image files, The Couple accepts all responsibility for archiving and protecting the photographs. The Photographer guarantees backup files will be kept for 1 year but does not permanently archive image files. It is The Couple’s responsibility to make sure that digital files are copied to new media as required.
7. PAYMENT– A non-refundable booking fee of £350.00 will confirm your booking, as well as full acceptance of the terms and conditions. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. The booking fee is non-refundable even if the date is changed or the event is cancelled for any reason.
Payment in full of the remaining balance will be due 4 weeks before the wedding day. Additional goods ordered must be paid for in full at the time of ordering. Titles to all goods remain with the photographer until paid for in full by the client(s).
8. PRICES – The price of photographic coverage at the time of booking shall be guaranteed fixed as stated on this contract.
9. TRAVEL - 100 miles of travel from Brighton is included. Additional miles outside of this shall be charged at .45p per mile.
10. CANCELLATION POLICY – The client may cancel their contract at any time by giving written notice to Matthew Scott Photography. If the client notifies Matthew Scott Photography more than 6 calendar months prior to the date of the wedding is due to take place no further cancellation charges will be due. If the client notifies Matthew Scott Photography that they wish to cancel the booking within 6 months of the date of the wedding a cancellation fee of 75% of the total balance will be due.
The client agrees to this cancellation policy no matter how long in advance of the wedding the client books Matthew Scott Photography to photograph the wedding.
11. COVID-19 CANCELLATION / POSTPONEMENT POLICY
a) CANCELLATION / POSTPONEMENT OUTSIDE OF GOVERNMENT LOCKDOWN - If the wedding has to be postponed due to anything relating to the COVID-19 outbreak you will have the option to transfer the deposit to the new date (providing that I am available) with no penalty. I just ask that you contact me before deciding on a new date to confirm my availability. In the event that we cannot find a mutually convenient date and the booking needs to be cancelled, 50% of the deposit paid will be refunded.
b) CANCELLATION / POSTPONEMENT DUE TO GOVERNMENT LOCKDOWN - In the event that the wedding has to be cancelled/postponed due to the planned date falling during a Government lockdown with weddings not allowed to take place and I am not available for the new date, 100% of the deposit paid will be refunded.
*The above terms assume that no services have been provided before cancellation. i.e. if an engagement shoot or other service has already been provided before the cancellation then the cost of this shall be deducted from any money refunded. The value of which shall be guaranteed fixed from the time of booking.
12. RETOUCHING – The final output and finish of any image that is re-touched will be at the photographer's discretion.
13. PERSONAL ACCIDENT - Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.