Terms & Conditions Policy

Terms & Conditions

In the following Terms and Conditions:
“Business” shall mean Penny Hardie Photography
“Client(s)” shall mean “You” the Parties to the Contract;

“Event” shall mean the Event title inserted into the Contract; “Photographer(s)” shall mean Penny Hardie Photography
“Products” shall mean any downloadable galleries, USBS, albums or other items listed in the Contract;

“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;

It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Booking Fee

The Photographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.

The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.

Payments

Penny Hardie Photography will be in contact with you approximately 2 weeks prior to your Event to arrange a pre-event appointment if this is deemed necessary. Following payment of the booking fee, the remaining balance is to be paid by that meeting date or 2 weeks prior to the event if no meeting date is set. All payments must be received in cleared funds prior to the Event.

Payment for any additional images or products must be made at the time of order.

Failure to make payment by the dates stipulated may result in cancellation.

Invoices will be sent via email. They can be settled by bank transfer or Paypal . Late payments may attract an administration charge.

No photographs or albums will be delivered until all payments have been received in full in cleared funds.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

Licence and Coverage:

The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.

For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister of official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.

Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.

Image and Reproduction

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations. Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.

Images will be made available on a downloadable gallery. It is the responsibility of the client to download the images within 6 months and back images up on a USB or similar storage device. The gallery provider charges a nominal fee to download images. This is currently under £2.00 for the whole gallery. The gallery may be removed after 12 months and a £50 charge will be made to reload the gallery.

Insurance & Limitation of Liability

The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.

Force Majeure

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.

Conduct

It is the responsibility of the customer to ensure the co-operative behaviour of subjects at a shoot. Should the photographer(s) feel unsafe at the contracted photoshoot or be subject to abuse and the customer cannot control or prevent the situation then the photographer is entitled to advise the customer of that situation and leave without forfeit on this contract (e.g. drunk / abusive guests at a wedding)

Cancellation

Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

• Notice received 365 days prior to the wedding date or more: Booking Fee only.
• Notice received less than 90 days: 50% of the agreed balance due will be payable.
• Notice received of 14 days or less: 100% of the agreed balance will be payable.

Where no package has been selected on the original booking form, the agreed balance will be accepted as being £600 and the date of cancellation will be deemed to be the date the Photographer(s) receives written Notice of Cancellation, as confirmed by the Photographer. Where an Event is postponed until a later date, the postponement will be treated as a cancellation in accordance with the above payment structure. If the photographer can accommodate the date the amount due will be transferred to that new date and a new contract will be commenced. If the Photographer cannot accommodate the new date 50% of the full cost will be charged or retained if already paid.

Complaints

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Notices

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated at the foot of the Contract.

Governing law and jurisdiction

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with Scottish Law and that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim.

Wedding Insurance

It is strongly recommended that you consider taking out wedding insurance for your wedding.

Copyright

Penny Hardie Photography retains the copyright on all images. Images produced under this contract are not to be used for any commercial purposes.

Penny Hardie Photography retains the right to use the images for promotion of the business subject to this contract. If you have any strong objection please notify the Business before or at the time of the Event.

I/we agree to the terms and conditions listed above.