Terms & Conditions
Terms and Conditions listed below are applicable for all photography collections, by booking a photography session or wedding collection through Ian Winter Photography, it is assumed that you, the Client, agree to all the terms and conditions below.
If you are not sure of anything, or would like some more information about our T&Cs, please contact us and we'll happily help. If you would like to sign a written copy of the terms and conditions, please get in touch.
It is agreed that the terms set out in this booking form is 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. With receipt of initial deposit/payment, the Client(s), and/or their authorized agents, assign Ian Winter Photography exclusive rights to photograph the wedding.
2. Payments and Retainer
A non-refundable deposit is required to reserve the wedding date specified on the booking form. Ian Winter Photography will not book any other events on this same date once the deposit has been received. Full payment for the event is required at least 28 days prior to the event. If full payment is not received 7 working days prior to the event, the Photographer reserves the right to not be present to photograph the wedding event. Acceptable forms of payment include cash, cheque or bank transfer. Proof of payment will be made available on request for payments via cheque or bank transfer.
3. Special Requests/Coverage
The Client understands and accepts that the photographic coverage will be as the Photographers professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made on behalf of the Photographer to comply with the Clients wishes. Any special requests not notified on the booking form must be made by the Client to the Photographer in writing. Reasonable efforts are taken to photograph family and friends in-group shots, however these will only be taken if time and weather permit. No responsibility is accepted for any specific individuals missing from group shots, for whatever reason. However, the Photography will, at his discretion, attempt to meet reasonable requests. The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph. The Client is also responsible for identifying any individual(s) that does not desire to be photographed.
4. House Rules
The Photographer is limited by the guidelines of the ceremony official or the reception site manager. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiations with officials for moderation of guidelines is the clients responsibility.
5. The Photographer + Limitation of Liability
In the unlikely event of severe medical, natural or other emergencies on behalf of the Photographer, every effort will be made to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at a similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, mail losses, or otherwise lost or damaged without the fault on the part of Ian Winter Photography. The Photographer shall not be liable for any amount in excess of the retail value of the Clients paid order.
The client hereby assigns and grants the Photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the wedding for editorial, trade, advertising or any other purpose in any manner and medium. It is agreed that the Photographer may display and use the photographs taken for advertising, display, website and internet promotion, competitions, public display such as in mail, photography books, store fronts, window displays, magazine advertising and any other purpose thought proper by the Photographer.
Any images or copies of images whether stored digitally (Negatives/Digital files) remain the property of the Photographer 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 in writing. Where an online viewing album is provided, any downloading of images in the album will presume a breach of copyright.
7. Photo Release
The photographer always retains the copyright of the images as described in section 6. It is agreed and understood that the medium (including CD, DVD, USB device or other portable medium) of images will only contain the edited images from the photographic session and not every single image taken. Ian Winter Photography has no obligation to hand over all the unedited images to the Client that never made the final collection. i.e The camera RAW images. In the event that a disc/memory stick/online gallery is included in the package or one is purchased as an optional extra then the photographer retains the copyright however will normally grant a Photo Release document that clearly states the permissions granted to the client. The Photo Release document does not permit the editing of the images by the clients or third parties. It is also prohibited to allow suppliers and third parties to use the images without the expressed written consent of Ian Winter Photography and a payment of the appropriate fee as determined by Ian Winter Photography. Clients who permit their wedding suppliers to use Ian Winter Photography's images without proper authority will be issued with a breach of copyright notice and required to pay compensation per image used. The supplier will also be issued with a breach of copyright notice and required to pay compensation per image used.
8. Artistic Style
On its own behalf, and on behalf of the subject, Client acknowledges that it is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use his personal artistic judgement to create images consistent with his personal vision of the Event, which vision may be different from the Client’s and the Subject’s vision of the Event. Accordingly, Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
9. Image Reproduction
Owing to photo-chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographers will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. 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. Enhancements or alterations in the form of retouching or digital manipulation to a persons shape or features are not included in the package unless agreed in writing.
10. Cancellation and Change of Dates
Cancellation of services for the wedding event results in forfeit of all monies paid. All cancellations must be delivered in writing (verbal communication alone is not acceptable). If the Photographer cancels the agreement, then any fees and deposits will be reimbursed in full to the client. Changes to the venue or other important details must be submitted in writing to the Photographer at least 14 days before the event. It is the Client’s responsibility to confirm all arrangements at least two weeks prior to the event. Changing the date of your wedding will incur a £75 administration fee, in the event Ian Winter Photography is not available; you will have to cancel your contract.
11. Photograph Collection
Photographs will generally be ready to view within 28 days of the date of your wedding depending on workload. It is agreed and understood that after a 90 day period from the date the photo collection is made available for client viewing that all products and extras associated with the package purchased can or will expire if not ordered from Ian Winter Photography. From the point the client selects the number of images they require (as per the booking form), only the edited images made available for viewing are retained. Additional images and reorders from the collection provided can be purchased at additional cost, as per the current price list.
12. Guest Conduct
The Photographer will not tolerate verbally or physically abusive behaviour of the Client or guests of the Event. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refunds will be granted, and any repair costs to equipment are the Clients responsibility.
13. Force Majeure or Act of God
The performance of this contract shall be contingent upon Acts of God, flood, fire, warfare, Government laws or regulations, electrical failure, strikes by suppliers and/or conditions beyond it’s control.