Terms & Conditions of Engagement
This page is a non-binding representation of the principle points of agreement between clients and Owen Billcliffe Photography, abbreviated for clarity and length, and provided here for information purposes only. When you book my services you’ll receive a personalised contract including full details of the agreement, which we’ll both sign before confirming the booking.
Payment & Reservation Fee
A Reservation Fee may be required to book the date, deducted from the total balance. Upon acceptance the Photographer agrees to commit exclusively to the Client at the specified date and time. The reservation fee covers the costs of preparation, and the loss of income associated with turning down other clients on the specified date, and for this reason is non-refundable, forming the minimum cancellation charge as detailed below.
If the Client fails to make any of the payments required by the due date, and Photographer’s reasonable attempts to request payment fail, Photographer may treat the booking as cancelled by the Client and request any cancellation fees which become payable.
Cancellation
To cancel this Contract Client must notify Photographer in writing. If Client should cancel the Contract for any reason, the retainer will not be refunded and a further fee may be payable as below.
• 28 days notice or more: the value of the retainer described in “Payment & Reservation Fee”
• 7 to 27 days notice: 75% of the quoted fees for photography
• 6 days notice or less: 100% of the quoted fees for photography
Photographer shall be entitled to cancel the Booking at any time by written notice to the Client for any reason, including but not limited to: if the Photographer is prevented or hindered from carrying out its obligations under this contract due to a Force Majeure Event, if the Client becomes insolvent or enters into liquidation/receivership, or the Client is in breach of any of the terms of this agreement. In the event of the Photographer cancelling for any reason, Photographer will refund all money paid, with no further liability to any party.
Postponement
If Client wishes to postpone or otherwise change the Event date, Client must first submit a written release to Photographer bearing the original contracted date, which will void this Contract. Thereafter, if the Photographer is available for the desired new date, Photographer and Client will execute a new contract, and all monies paid will transfer to the new date. The new date must be within six (6) months of the original date or the new contract will be subject to Photographer’s then current rates. If the Photographer is unavailable on the new date, the Contract will be considered to have been cancelled by the Client and cancellation terms as per “Cancellation” above will apply.
Officiant and Venue Restrictions
Photographer may be necessarily limited by the guidelines or rules of the ceremony official, ceremony venue, or reception venue. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the Photographer’s control. Client agrees to hold Photographer harmless for the impact such guidelines or rules may have on the resulting photographs. To the extent possible, Client will inform Photographer of any such restrictions in advance of the Event.
Event Food Service
Client agrees to provide a full meal for Photographer and their team for bookings longer than four hours. While Photographer will attempt to capture important moments during the meal, Client understands that Photographer must cease photography to eat and, therefore, agrees to ensure Photographer’s meal is provided at the same time as, and ideally in the same room as, the guest meals so as to minimise risk of Photographer missing anything important.
Model Release
Photographer and Client agree that all Event attendees including minors should reasonably expect to be photographed, and in attending implicitly give their permission to be photographed in accordance with terms outlined above.
Copyright & Reproductions
Photographer grants Client permission to make copies of the images under the condition that the images taken by Photographer are for personal use by Client. Selling, publication or any commercial use of the images are not allowed without prior written permission from Photographer. Photographer reserves the right to use or display any images created as part of this agreement as part of their portfolio, website, weblog, at exhibitions, or for marketing purposes.
Client Usage
Client is obtaining photographs for personal use only and shall not without permission from Photographer: sell prints, distribute high resolution digital files to third parties, authorise any reproductions by parties other than Photographer, or enter into any competitions.
Release of Digital Archive
If the digital archive from the Event is included in the package, Photographer will release it to the Client either thirty days after the gallery opens, or upon the delivery of an album if one is included in the package. The digital archive will be delivered by an online digital download or on a bespoke USB thumb drive if one has been purchased by the Client.
By releasing the digital negatives, Photographer authorises the Client to use these for their own personal use only, including printing of the images at a lab of Client’s choosing, or making their own album. Photographer is not responsible for the quality of enlargements from these digital negatives that have been taken to a non-professional and/or consumer photo lab.
Exclusive Photographer
Photographer shall be the exclusive professional photographer retained by Client for the purpose of photographing the Event. Family and friends will be welcome to photograph the Event as long as they do not interfere with the duties of Photographer, and additionally, will be asked not to take pictures while Photographer is posing the couple, bridal party, or families.
Failure to Perform & Liability
In the unlikely event Photographer is unable to attend the Event or supply the services specified due to illness or factors in or beyond their control then Photographer on a best efforts basis will try to book a replacement photographer known and trusted by them. If a replacement photographer cannot be found or Client does not wish to go ahead with the replacement then Photographer’s liability is limited to a refund of any payments received. Photographer will have no further liability with respect to this Contract, and shall not be liable for any amount in excess of the value of Client’s package. Neither party shall be liable for indirect or consequential loss. If Client wishes to have additional cover they agree to consider taking out a suitable insurance policy from a third party.
Photographer has working methods in place to prevent the loss or damage to Client’s images. However, in the unlikely event that images are lost, stolen or destroyed for reasons in or beyond Photographer’s control then liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
To reduce the risk of a late arrival by Photographer to an Event due to factors outside of their control such as adverse weather conditions or heavy traffic, then a quote can be provided upon request for Photographer to arrive the night before the Event and stay in a hotel near to the venue.
Artistic License
Photographer is granted full artistic license in relation to framing, the poses photographed, the locations used, the curation of final images, and the style of post-processing. Any Client requests to re-edit, alter, or retrieve additional images after delivery will be billed at their current rate for processing work. Photographer cannot guarantee that all edits will be possible or that additional images will be available. Client agrees Photographer will not be held responsible for the lack of coverage caused for the following reasons: The bride, groom, family or wedding party not being on time; members of the wedding party or family or any other guest being unavailable or unwilling when called on for a posed photograph; the wedding running late or if restrictions regarding photography at the desired location of the wedding are in force.
Insurance
Photographer maintains public liability insurance to protect Client from claims by the property owner for accidental damage Photographer and staff may cause. Certification of insurance is available upon request.