Payment Details
Please pay your £400 non refundable Reservation & Contract fee to the following account.
Kevin Fern Photography Ltd
Account Number: 24897515
Sort Code: 60 - 05 - 16
The Balance of the Package Fee must be paid by you no less than 30 days prior to the date of the wedding. You will be reminded with an email / invoice approx. 3 months before the wedding date. Please let me know if you wish to pay the balance sooner.
CONTRACT TERMS & CONDITIONS FOR BOOKING KEVIN FERN PHOTOGRAPHY LTD
(I would advise making a copy of the T&C’s for your own records or please request a copy)
These terms and conditions explain your rights and responsibilities and also ours. “You” means the Client named in the Reservation & Contract, “We” means Kevin Fern Photography Ltd. The “Contract” means the contract accepted by you in submitting the Reservation & Contract and incorporates these terms and conditions. “Wedding” shall, if the context so requires, be deemed to be a reference to a civil partnership ceremony or any other analogous ceremony.
1. We agree to supply our wedding photography services in accordance with the Reservation & Contract. The Reservation & Contract incorporates all the terms agreed between us and no variation shall apply unless agreed in writing and signed by both parties. When you pay the Reservation & Contract Fee it will be deemed that the terms and conditions have been agreed to.
2. We ask you to note any special requests/important info that we should know about it in the space on the Contract provided for that purpose. We will endeavour to accommodate any reasonable requests made by you but cannot guarantee to be able to do so.
3. The Reservation & Contract fee is payable by you on submitting the Contract to reserve the date. This will be set against the total fees payable by you and is non-refundable. It being the agreed partial loss of profits lost by us in turning away other work on the date outlined. This fee also counts against work already undertaken.
4. The Balance of the Package Fee must be paid by you no less than 30 days prior to the date of the wedding. If the Package Fee is not paid by the due date specified a £10 per day late payment fees will be added to the final balance until such time full and final payment is made. We reserve the right not to provide any services until payment is made and also to treat the Contract as being cancelled by you should full payment not be made. The provisions of clause 17 will then apply.
5. The Package Fee includes the time and expense of our photographer traveling to and from the agreed locations. It also includes our time for attending to take photographs and time spent editing the images as stated on the Contract. If the photographer is requested to stay for a longer period at the wedding or reception we will try to accommodate all reasonable requests but can not guarantee that we will be able to do so. We reserve the right to charge additional time as an additional service.
6. Unless otherwise agreed in writing a separate fee will be charged for all additional services ordered, in accordance with our current price list. The price of any additional services must be paid in full before delivery.
7. In the unlikely event that we are unable to attend for reasons beyond our control including but not limited to death, injury or illness we will use our best endeavours to arrange a suitable replacement photographer. If this is not possible clause 16 shall apply.
8. We will discuss with you your general requirements and wishes in relation to the taking of the photographs. You agree that it may not be possible for these to be followed due to factors such as weather conditions, lighting conditions, the subjects being photographed, time constraints, instructions from authority figures etc You, therefore, grant us full and unfettered artistic licence in relation to the content of the photographs, their arrangement, composition, location and the number of photographs taken.
9. Photographs will be taken against the available backgrounds. Please note that moving objects or performing other cosmetic duties on location is not part of our service.
10. You are responsible for any permits, fees, authorisations, required in order to use locations for photography. You are responsible for obtaining consent from any person(s) working or attending the wedding who is photographed e.g choir, organist, vicar etc.
11. You agree to be responsible for any injury, loss or damage caused to our photographer or equipment caused by your guests.
12. The editing of your images and final delivery via online gallery will take 4-6 weeks. Every effort will be made to provide a good colour balance between photographs but this may not always be possible due to factors such as lighting conditions and digital sensor limitations. Prints made on different occasions or in different sizes may also vary. Accordingly, no warranty is given that an exact colour match can be provided.
13. Photographer shall take all reasonable steps to protect the images that are recorded at the event. Final images provided to client via online gallery/usb will be kept in the secure online gallery for the period of time as detailed on your package. In any case this term will be for a minimum period of 30 days from the point of notification in writing. It is your responsibility to download and save the image files to your own personal device. You are advised to make a backup of all the files as soon as possible to protect yourself against corruption, loss or theft. We are not obligated to preserve the images of the event in any form, including maintaining cloud storage facility for any set period of time. Additional cloud storage hosting for your gallery is available at an additional yearly cost.
14. The copyright in all images and copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer file or printed documentation relating to such images remains the property of Kevin Fern Photography Ltd. You have a reproduction and publishing license for PERSONAL USE ONLY unless otherwise agreed in writing. Examples of personal use are: clients personal social media, creating your own personal products - prints, calendars, photo books, albums. There is no time or geographic limit on this personal licence. Your licence precludes Commercial use. Examples of commercial usage include but are not limited to; uploading to a stock image library, syndicating (re-selling), publishing in print and online media or promoting a commercial enterprise. If, at any stage, you are unsure as to whether a use you are putting your images to is considered commercial, you agree to contact us to check your rights.
15. We reserve the right to use or display any images created as part of this Contract in our portfolio, at exhibitions, or for marketing purposes.
16. In the unlikely event that we are unable to perform the Contract for reasons beyond our reasonable control the Contract shall be cancelled but our liability to you shall be limited to a refund of all fees paid by you, excluding work already undertaken including but not limited to: photography on the day of the wedding, pre wedding/engagement shoots, albums etc. In no event shall the photographer are liable for special, incidental, consequential, or punitive damages, even if client informs photographer of circumstances that would give rise too such damages.
17. You may cancel the Contract at any time by notice in writing. You will then be liable to pay to us compensation based on a percentage of the Package Fee depending when the cancellation notice is received:
121 days notice or more – Reservation & Contract fee only
91 – 120 days notice – 50%
61 – 90 days notice – 60%
31 – 60 days notice – 75%
0 - 30 days notice – 100%
18. If the date of the wedding is postponed, we may at our sole discretion, taking into account our availability on the second date agree not to treat the Contract as being cancelled by you but to provide the services booked to the new date and apply all monies paid by you towards the fees for that day. Without prejudice a postponement fee of £200 will be applied to the total package price. If we are unavailable on the proposed second date, clause 17 shall apply. If your wedding postponement is due to Force Majeure we will request a payment of 50% from the remaining package balance to reschedule the date but no postponement fees will be charged. Should the new date be postponed again this clause shall be re applied. If the new date should be cancelled please refer to clause 17.
19. We will exercise the reasonable skill care and judgment that you would expect of a professional photographer. We shall not be liable for events beyond our reasonable control nor for loss which is indirect or consequential, emotional or otherwise. Under no circumstances will our liability to you, whether for breach of contract, negligence, breach of statutory duty or otherwise exceed the total amount that you have paid to us under this Reservation & Contract. Our fees have been calculated on this basis. If you wish to have additional cover we would recommend that you consider taking out a policy of insurance.
20. Any directions issued to you or your guests during the the taking of photographs are deemed to be at said persons own risk. We absolutely cannot be held liable for any personal accidents including death or personal injury.
21. Images must be selected by you for albums acquired by informing us within 90 days of receiving the final images via online gallery. Failure to inform us within 90 days of receipt of images may result in an extra charge applied to reflect supplier price increases.
22. Inappropriate, threatening, hostile or offensive behaviour from any guest or other person on the wedding day will not be tolerated and our safety is paramount. You will be informed and we reserve the right to terminate our services. We shall be entitled to retain all monies paid. You accept that the coverage may be incomplete.
23. Any image created by us shall not be manipulated in any way and used on social media platforms so as to misrepresent us, our work or harm the professional standing of Kevin Fern Photography.
24. Any complaints should be raised by you in writing within 7 days upon receipt of images.
25. You give consent for Kevin Fern Photography to use your personal information supplied in relation to carrying out the requirements of this Reservation & Contract.