WEDDING PHOTOGRAPHY TERMS AND CONDITIONS
It is important you read this document as there is information you will NEED to know about your booking.
It is agreed that the following terms set out the total agreement made between the parties and that any variation or modification of this contract shall be effective on this website at ALL times without removal.
Please note ‘Mark Walters Photography’ is referred to as a business and not an individual
The Booking fee of £150 secures the date, time and services of Mark Walters Photography Services 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. The booking fee saves the date for your wedding and is in no relation to anything else. The fee does not apply to anything else other than date reservation. The booking fee is not based on level of contact following booking, any documentation or any other correspondence Confirmation of date reservation is given upon acknowledgement of receipt of £150. Cancellation less than 8 weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed (more than 8 weeks before the original date) to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Failure to re schedule shall result in cancellation fee being applied.
Following booking fee of £150, the balance of fees are to be paid 8 calendar weeks prior to the wedding date. If this is not upheld, then the Photographer has to right to see this as a cancellation of services and shall start proceedings to reclaim the remainder of the cancellation fee. No contact from the photographer is required to request final balance. If final balance is not received the date becomes available with no notice to you.
It is understood that you shall provide me with the venues full address details including postcode and correct time of service. This shall allow me to understand the content of your service to best capture every detail. This information should be received via email/written form soon after the wedding coverage is confirmed.
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. In some cases, photography during the ceremony is not permitted, the photographer cannot be held responsible if no images are taken of the ceremony if permission is not granted. Use of flash photography may be prohibited during proceedings and low lights may affect the quality of the 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 fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
The style of the photography created for you on your wedding day is that which has been demonstrated through the photographer’s portfolio. It is unreasonable that the photographer change their style for your wedding photography.
The photography aims to document your day as it is. The photographer can only photograph what is happening so if you wish for images of certain things, make sure they happen for photographs. Group and couple shots are offered and available. Any images of people you feel are missing are not the responsibility of the photographer. Anyone important to your day that you wish to have any specific photos of must be requested if not already covered.
All photography packages (although mainly reportage) include traditional elements which will take the photography through the day such as: Brides arrival, Bride with Dad, Bride and Groom with guests. It is the responsibility of the Bride and Groom to allow the photographer time for these photographs. If no time is allowed, the photographer cannot be held responsible for the missing photographs from your wedding images.
The judgement of the photographer on photographic style and the number of photographs taken shall be deemed to be correct. Due to changes in the weather and the availability and willingness of the subjects Mark Walters Photography will endeavour to fulfil the booking to its full potential but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Mark Walters Photography reserves the right to delete, destroy or withhold any images, which are believed to be of a low technical or creative quality.
Some ceremony and reception venues have poor lighting which makes it difficult to capture some of the moments, flash photography shall be used where possible/allowed.
Mark Walters Photography will retake a shot where we have seen a blink. It is impossible to guarantee to spot every blink, especially in group shots. All efforts will be made in edit to save any blinking shots but this cannot be guaranteed.
Every effort is made to fulfil special requests but are not a binding instruction. Any special request not included in this booking form should be requested in writing.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. Basic enhancing shall be included in ordered images and products.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted as part of this contract. Payment is made for reorders separately to this contract.
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 and remain the copyright of Mark Walters Photography. 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 written permission of Mark Walters Photography.
Mark Walters Photography 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.
Number of images taken
An average/estimated amount of shots taken cannot be givens this depends on various factors including but not limited to; weather, venue permissions and guest and couple compliance.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, I reserve the right to attempt to appoint another photographer to attend your wedding on my/their behalf to undertake the wedding photography to his / her best ability. Failure for the photographer to fulfil the contract shall result in a full refund as services would have not been fulfilled.
It is understood that all of the information provided for the locations is CORRECT including the correct time of the ceremony, post codes for the satnav to route the photographer to the venues. Lateness or none attendance based on incorrect information shall not be deemed as failure to fulfil the service, no refunds/part refunds shall be given.
Contact on the day
It is asked and appreciated that the photographer has contact information for at least one of the bridal party that shall be able to communicate on the day. If the photographer runs into any problems they need to be able to communicate with the bridal party. This includes but not limited to; transport problems, not being able to find a location, being given the wrong venue information.
Allocation of another photographer
During busier times of the year, it is sometimes the case that another photographer shall attend your wedding on behalf of Mark Walters Photography. This shall either be discussed at your initial meeting if I don’t have the availability personally at the time of booking, or the photographer shall be allocated no less than 2 weeks prior to your wedding date. Upon allocation of another photographer your correspondance shall still be with Mark Walters Photography.
Mark Walters Photography Packages, Prices and Terms and Conditions apply and any issues about your booking can be taken up with either the photographer directly or Mark Walters Photography. A copy of all details shall also be kept by Mark Walters Photography. Do not feel less important having another photographer allocated. I only use photographers I know are competent and can match my style of photography and attention to detail to his / her best ability. The administration and editing shall be undertaken by Mark Walters Photography.
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 may cancel this contract at any time by giving written notice to Mark Walters Photography at the business address but in doing so shall forfeit any monies paid. Cancellation delivered by hand in person or send recorded/special delivery as proof of receipt. Cancellation less than 8 weeks before the wedding date will result in the payment in full. Six weeks is a reasonable time for the photographer to try and find other bookings for the date. If Mark Walters Photography have to cancel this contract for reasons beyond their control (death, injury, sickness, etc), their liability shall be limited to a full refund of all monies paid.
Negatives / Digital Files
Negatives / digital files remain the sole property of Mark Walters Photography.
All prices are agreed at time of booking. Any price changes in the time between the booking and the wedding date shall be effected as follows ;In the event of my prices going up, no extra shall be charged. In the event of my prices coming down (excluding special offers and promotions) for the exact same package including every detail booked by you, the difference shall be reimbursed.
Mark Walters Photography will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes.
Failure to fulfil any part of the contract will only result in that part of the coverage being available to apply for a refund. (e.g I cover your wedding day but my car breaks down on the way to your reception so I am unable to attend, the price of the reception coverage shall be refunded and not the coverage that I had obtained earlier in the day). Refund of booking fee is NOT permitted under any circumstance other than my failure to attend or appoint another photographer. Any refunds offered under any circumstances agreed by the photographer will be refunded within 28 days of all required information being provided. This includes but is not limited to; all supporting evidence of failure of service, bank account information for refund, agreement a refund is granted in writing after assessing your case. Refunds being given are a satisfactory conclusion to any level of complaint and as such the refund is accepted as the closure of a complaint. Any public negative complaints/slanderous comments will result in the removal of the refund.
No new special offers offered by Mark Walters Photography shall apply to your wedding after your booking. Only bookings made within the specified dates of the offers shall be able to receive that offer. If you wish to cancel and rebook to take part in the offer, your initial deposit shall be lost and a new deposit paid to the new booking.
Changes to your booking
As Mark Walters Photography grows, there may sometimes be changes to the exact undertaking of your booking e.g. Number of meetings prior to your wedding etc. All changes shall be made in writing to you no less than 8 weeks in advance of your wedding date.
Changes of packages
Mark Walters Photography from time to time may change the prices and content of Wedding packages. In the event of my prices coming down (excluding special offers and promotions) for the exact same package including every detail booked by you, the new price shall be applicable to your wedding package.
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.
Mark Walters Photography may use any images included in this contract in their studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.
A complimentary studio is offered for your wedding reception, you need to request this studio if you are wanting it otherwise reportage style coverage shall be done of the receptioception. If there is any reason the studio cannot be set up no refund or compensation is to be given. Coverage shall continue as the fly on the wall style booked. This is a bonus feature and there are a number of factors that may prevent set up.
Examples are but are not limited to; no space to set up, no access to power points, safety is an issue with cables, a number of additional activities happening at your reception that need coverage.
Coverage of people
The photography style is documentary and the people being photographed will be captured in this way. It is YOUR responsibility to make sure all the shots you wants such as people combinations are done before the photographer leaves. A lack of images of any of the guests will not be the fault of the photographer. Respect is also shown to those not wishing to be photographed.
The bride and groom and the Photographer’s consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding photographer(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The photographer(s ) may also require the assistance of the best man in organising family groups. The bride and groom also agree to give the photographer(s) sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer(s) will use his discretion but cannot be held responsible for a lack of photos of these people.
Wedding Guest Coverage
All your guests will have digital cameras and all your guests will want to photograph the bride and groom. In the spirit of cheerful cooperation the bride and groom agree to give the Photographers precedence over your guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the bride and groom have continually interrupted the photographer’s work.
The photographer is in the rights to leave the coverage at any stage with no liability to refund or compensate if any antisocial behaviour is present at the booking. This includes but is not limited to; aggressive guests demanding shots, and threatening behaviour, drug taking, fighting, disrespectful language, demands being made on the day that weren’t made at the time of booking.
Mark Walters Photography clearly outlines the coverage and package content for your wedding photography. There is no exact wedding format photographers must commit to. So if another photographer offers a difference in service or products this does not mean that Mark Walters Photography should have to offer the same services and products.
Schedule An estimated schedule will be provided to you prior to your wedding day. There may be delays due to traffic or venue access. Mark Walters Photography cannot be held responsible for lateness due to circumstances out of their control.
Digital images are provided to you. Once the images are given to you the booking is complete and Mark Walters Photography are under no obligation to back up files or provide images on any other occasion. It is HIGHLY recommended that you backup your images once you receive them. If orders are placed for products and Mark Walters Photography no longer has your files, they will be requested to be sent from you.
‘All images’ are provided with the occasional pulled image if I feel technically it is not suitable to pass on. There may be missing reference numbers where images are deleted due to poor light and test shots. This doesn’t mean that images are ‘missing’. The photographer has the right to refuse provision of images they feel are no acceptable. Photographers are unable to guarantee 100% of the shots taken are going to be provided. This includes but not limited to: low lighting, blurred, blinking, test shots and unflattering portraits that people would not like to see.
Album, print and products
The wedding contract, unless otherwise discussed and agreed, is for the coverage and digital images. Any orders places outside of this contract will have no relation to this contract. Any failure to fulfil orders placed outside of this contract bear no relation to this contract. An example of which; not fulfilling a wedding album cannot result in complaint of all wedding services.
If at any time there is any aspect of the service you are unhappy or unsure about please contact Mark Walters Photography directly. Any comments made on social media questioning the commitment or fulfilment of the service will result in a removal request and depending on content possible further action due to comments being public. If the content of social media comment is negative or untrue, the photographer may make the decision that they do not wish to cover your wedding. An explanation shall be put in writing and no refund of booking fee shall be made.
Any complaints should be raised by the client with the photographer, privately in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
Instalments are not accommodated by Mark Walters Photography. £150 booking fee and full and final payment 8 weeks prior to the day is expected.