The following words or expressions shall have the meanings stated:

• 'The Photographer(s)' means VASKO Photography trading as "OXLUSH" Ltd, CN13678901.

• ‘The Client(s)’ shall be those persons whose names appear on the contract and defined as bride and groom on the booking form. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients.

• 'Contract' means the agreed (wedding) package and timings between 'The Photographer(s) and The Client(s) of which these terms are an integral part.

• 'Images' means all photographs, prints, transparencies, images, negatives, digital scans, digital files, albums, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer(s).

• 'Price' means the price as agreed at the time of the booking

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1. COPYRIGHT

The Copyright and Design Act 1988 assigns the copyright of the images to The Photographer(s). It is contrary to the Act, and therefore illegal, to copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the Photographer(s) or their appointed agents, unless a royalty-free licence has been granted. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.

The Photographer(s) shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. If The Photographer(s) desires to make other uses, The Photographer(s) may so without oral or written permission of The Client(s).

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2. OWNERSHIP

All photographic materials, including but not limited to negatives, transparencies, proofs, digital files (including RAW, Tiff, JPEG), and previews shall be the exclusive property of The Photographer(s). On occasion, The Photographer(s) may supply a copy of the edited digital negatives to The Client(s)) for their own non-commercial use.

Photographic prints will become and remain the property of The Client(s). However The Client(s) specifically acknowledged that the ownership of prints does not imply ownership of the copyright, or any right to reproduce, or authorise the reproduction of such images.

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3. CLIENT'S USAGE

The Client(s) is obtaining prints for personal use only and not for distribution of any kind, and shall not sell said prints or authorise any reproductions thereof by parties other than The Photographer(s). All chosen and final images will be supplied to the client on CD or DVD which will include a copyright release for those photographs, allowing the client to print their own copies of such images as included on the CD or DVD for personal use by the bride and groom and their friends and relatives.

Selling, Publication or any Commercial use of the photographs is not allowed without prior written permission from The Photographer(s). If The Client(s) is obtaining a print for newspaper announcement of the wedding, The Photographer(s) authorises The Client(s) to reproduce the print in this manner. In such event, The Client(s) shall request that the newspaper run a credit for The Photographer(s) adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.

If any images are required for Selling, Publication or any Commercial purposes, a request must be made in writing. The request must state where the image/s are to be used, by whom and for what purpose. Permission is granted in most situations.

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4. CLIENT'S ORIGINALS

If The Client(s) is providing original prints, negatives, or transparencies owned by The Client(s) to The Photographer(s) for duplication, framing, reference, or any other purpose, in the event of loss or damage The Photographer(s) shall not be liable for any money amount.

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5. DISPLAY

The Client(s) grant The Photographer(s) and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to display and use any photographs (images) covered by this contract in his/her studio, portfolio, samples, self-promotions, illustration, editorial use, literature, display areas exhibitions, competitions, slide shows, websites, to alter the images without restriction, and to generally promote the business by means of advertising, publicity material, websites, magazine articles, and other such media and any other purpose and in any manner, providing that the images are used lawfully and without damage to The Client(s) unless otherwise agreed by the parties involved.

Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries.

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6. LICENCE

The Photographer(s) shall be granted complete artistic licence including in relation to the poses photographed and the locations used. Although every effort will be made to comply with The Client(s) requirements The Photographer(s) judgment regarding the locations, poses and number of images taken shall be deemed correct and final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

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7. LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure, operator error, material or process machine 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.

 

8. PERSONAL DATA

Personal data supplied to The Photographer(s) may be stored for future use. This data will only be used to inform you of future opportunities, and to be kept up to date and will only be held as long as is necessary. The Photographer(s) will take all necessary steps to ensure the information is held and used in accordance with the above Act. The Photographer/s will not publish personal details of any individual alongside any image in our printed material or on the website. However, The Photographer(s) do not accept any responsibility if you are recognised from the image by members of the public.

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9. BOOKING FEE & PAYMENTS

35% of the price as agreed at the time of the booking is required when The Client (s) signs this contract as a booking fee. The Booking Fee may be made by online money bank transfer, or by cash. Dates are reserved only when the booking fee is paid. This sum will apply towards the contracted fee. The Booking fee secures the date, time and services of The Photographer(s) for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by The Photographer(s) due to cancellation. The balance of the payment for the services contracted for must be paid in full not later than 1 week after collecting the proof of the wedding photographs.

Payment for additional Attendance Hours (part or whole at £85 per hour) where agreed, but which may not be known accurately at the time of Contract signing, must be made at the post wedding delivery meeting. Photographs, Albums, CD and DVD will not be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as The Photographer(s) can re-schedule for the new date and time. Travel expenses within 15 miles are included into the package. Return journeys in excess of 15 miles may attract a mileage charge of £0.40 per mile. Overnight accommodation may be required for weddings over 100 miles away.

Any alterations made to the booking by The Client(s) once details have been confirmed may only be made at the discretion of The Photographer(s). If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) The Photographer(s) are not liable to compensate The Client(s) in any way whatsoever.

 

10. PRICES

The charges in this Agreement are based on The Photographer(s)'s Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. All wedding packages and additional goods specified on the booking form are supplied at the prices ruling on the date of booking.

Goods not specified on the booking form are supplied at the prices ruling at the time of receipt of the order. All prices are including VAT.

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11. EXCLUSIVE PHOTOGRAPHER

The Photographer(s) shall be the exclusive professional photographer retained by The Client(s) for the purpose of photographing the wedding. Family and friends of The Client(s) are encouraged to photograph the wedding or reception as long as they do not interfere with The Photographer(s) duties and do not photograph poses arranged by The Photographer(s).

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12. COVERAGE

Whilst The Photographer(s) shall endeavour to fulfil all The Client(s) 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. The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point, but no responsibility will be taken by The Photographer(s) on the occasion of leaving somebody out. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The area from which The Photographer(s) is able to cover the ceremony may not be the photographer's choice and The Photographer(s) cannot accept responsibility for any obstructed view or for limited coverage should this be the case. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, The Photographer(s) will not be responsible for photographs that are not produced due to technical failure. The Client(s) understands and accepts that the photographic coverage will be as the photographer professional expertise determines and that no one photograph will be deemed more important than another. Although The Photographer(s) will do their best to produce a certain amount or more images as discussed with The Client(s), there is no guarantee that any particular number of images will be produced. The latest The Photographer(s) will work to on any wedding day is according to the applied booking form. A meal for the photographer must be provided if evening coverage is requested. Special requests are not binding instructions, although every effort is made to comply with The Client(s) ’s wishes. The Client (s) must make all special requests in writing.

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13. RESHOOTS

The Client(s) will be charged 100 percent fee and expenses for any required reshoot requested by The Client(s), and be subject to all the Terms and Conditions of the Assignment Photography Contract (available on request).

 

14. WEATHER AND DELAYS

Weather permitting the photographs will be taken as agreed. In the event of inclement weather The Photographer(s), in cooperation with The Client(s) will make necessary changes to the schedule and will do the best to produce coverage of the wedding within the time allocated to The Photographer(s). Similarly, when delays occur due to circumstances out with The Photographer(s) control, The Photographer(s) will stay on beyond the agreed time if required, for an additional fee.

 

15. BLINKING

Should The Photographer(s) notice that a member of the wedding party or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to see all of them.

 

16. IMAGES MATCH TO ORIGINAL

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. When the photographs are printed to produce a pleasing flesh colour such materials may appear incorrect. The Photographer(s) will endeavour to achieve to closest possible colour match within the limitations of the materials and processes used. The number, the style and the colours of photographs delivered to the client by the Photographer(s) will be subject to the Photographer(s) artistic interpretation and shall be deemed correct. In accordance with the accepted practices of all professional photographers and photographic laboratories, the return of any technically acceptable photographs or prints or demands for refund or refusal to settle charges cannot be entertained on principle.

All the photographs The Photographer(s) supply are produced to the highest standards using the best quality materials and latest processing techniques. However, all colour photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. The Photographer(s) cannot accept any responsibility for this gradual image deterioration.

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17. IMAGE REPRODUCTION

When processing images, The Photographer(s) will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. It is 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. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models. The Photographer(s) use only quality branded CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of The Client(s) to check discs for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media. All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).

 

18. RETOUCHING

Retouching, digital manipulation and artist finishing is available to The Client(s) as an optional extra.

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19. STORAGE OF IMAGES

The Photographer(s) will not be solely responsible for the storage and maintenance of negative/digital files, but will keep negatives/digital files intact and available to The Client(s) for at least one year from the date of the wedding.

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20. SELECTING YOUR WEDDING PHOTOGRAPHS

Initial photo selections should be completed within a timely manner and no later than 14 days after The Client(s) receive the proofs of the wedding photographs.

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21. ALBUM EDITING

All wedding albums are designed with the utmost care, after the first proof you may have up to 10% of the pages redesigned. Every other alteration will be charged at a flat rate of £5 per instruction/per image.

 

22. REORDERS

All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing or ordered directly from The Client(s) proofing web gallery.

 

23. DELIVERY POLICY

Delivery of the Goods shall be made to The Client(s) address and The Client(s) shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery, alternatively The Photographer(s) can arrange for The Client(s) to pick goods up at The Photographer(s) address.

Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and The Photographer(s) shall not be liable for any losses, costs, damages or expenses incurred by The Client(s) or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

Failure by The Client(s) to pay for any delivery when due shall entitle The Photographer(s) to withhold further deliveries and The Client(s) shall be liable for any costs incurred by the Supplier relating to such Goods which the Supplier is then entitled to withhold.

 

24. COMPLAINTS

The Client (s) with The Photographer (s) should first raise any complaints in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint The Client(s) may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

 

24. FORCE MAJEURE OR ACT OF GOD

In the unlikely event of the assigned photographer being unable to attend the agreed wedding due to unforeseen circumstances (e.g. sudden illness, injury, victim of crime, acts of God, change in legislation, floods, fire, computer failure, etc.), The Photographer(s) reserves the right to appoint another photographer to attend your wedding on The Photographer(s) behalf to undertake the wedding to the best of his/her ability. In the event of such substitution, The Photographer(s) warrants that the photographer taking the photographs shall be a competent professional.

If the Photographer cannot perform this Agreement due to a casualty or other cause beyond the control of the parties, then The Photographer(s) shall return the deposit to The Client(s) but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, a total photographic failure, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of The Photographer(s). In the event The Photographer(s) fails to perform for any other reason, The Photographer(s) shall not be liable for any amount in excess of the retail value of The Client(s) order.

Neither party shall be liable for indirect of consequential loss.

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26. PERSONAL ACCIDENT

Any directions issued The Client(s), their guests or employees during a photographic shoot are deemed to be at said persons own risk. The Photographer(s) cannot be held responsible for any personal accidents during a photographic shoot.

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27. CANCELLATION

The Client(s) may cancel this contract at any time by giving written notice to The Photographer(s). If The Client(s) shall cancel this Agreement ninety (90) or more calendar days before the wedding date, 50% of deposit paid to The Photographer(s) shall be refunded to The Client(s) within 30 calendar days. Cancellation less than 12 weeks before the wedding will result in the payment in full by The Client(s) for the agreed package. The said sum shall be payable as compensation as the loss The Photographer(s) would suffer.

 

28. REFUND POLICY

Pictures and albums are presumed to have been received in good condition unless the Photographer(s) is notified in writing of any discrepancy or error within 14 days of receipt. Тhe Photographer(s) 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 the Photographer(s) cannot be held responsible for individual tastes or exceptions.

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