Simon Cook Photogrpher
TERMS AND CONDITIONS OF CONTRACT
In the following conditions of contract “The Photographer(s)” shall mean Simon Cook or, subject to condition 7
below, any photographers appointed by Simon Cook. “The Client(s)” shall be those whose name appears on
the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way
by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). It is therefore
contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by
any person or machine other than by The Photographer(s) or their appointed agents.
2. Display: The Client(s) hereby allow(s) The Photographer(s) to display any photograph covered by this contract and
to generally promote the business in advertising, brochures, magazine articles and other such material, providing that the
images used are used lawfully and without damage to The Client(s).
3. Licence, Coverage and Reproduction:
a) The Photographer(s) shall be granted artistic licence in relation to the poses photographed and the locations used.
The Photographer(s) judgement regarding the location, poses and number of photographs taken shall be deemed correct.
b) Photographs taken during the course of a booking will be at the discretion of The Photographer(s) although every
effort will be made to comply with The Client(s) requirements.
c) The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during
the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.
d) For a booking involving a church ceremony The Photographer(s) movements are sometimes restricted by the minister
in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s)
choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case.
e) For a wedding or other occasion booking The Photographer(s) shall endeavour to capture all the moments throughout
the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be
recorded.
f) Please note that 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) and in some circumstances (such as the change of ceremony date for a
wedding booking) The Photographer(s) may be unable to accommodate these alterations due to a conflict of
commitments. Under these circumstances The Photographer(s) are not liable to compensate The Client(s) in any way
whatsoever.
g) Due to a variety of lighting conditions and the limitations of professional film or digital capture, some colours may alter
slightly throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic film or
paper.
h) It is understood that all photographic printing is undertaken within the technical limitations of the process and that
colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints
made at different times or in different sizes may be variable in colour balance.
i) All print and presentation sizes quoted are approximate and subject to the discretion of The Photographer(s).
j) Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not
produced due to technical failure, either at the shooting or processing stage.
4. Prices:
a) Where the contracted date is no more than 12 months after the date of signing, all photographic services undertaken
on that date are supplied at the prices ruling on the date of signing. The main reprint order, that is the remainder of the
package booked, if placed within no more than six months of the contracted date is also supplied at the prices ruling on
the date of signing. All additional reprint orders, including the main reprint order, if placed after six months of the
contracted date, and small reprint orders placed at any time, are supplied at the prices ruling at that time.
b) The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not
already included within the contract price.
5. Payments:
a) Wedding Client(s) – a non-refundable booking fee of £300 (paid by cash or cheque) along with a completed contract
will confirm your booking. Payment for the photographic coverage and album is payable in full four weeks prior to the
contracted date. All additional goods are payable on ordering.
b) Other Client(s) – all photographic fees are payable in full on booking a coverage along with a completed contract. All
additional goods are payable on ordering
c) Title to all goods remains the property of Simon Cook Photography until paid for in full by The Client(s).
6. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in
writing within seven days of collection of products purchased. This includes photographs, albums and frames.
7. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any
cause beyond their control (i.e. sudden illness/injury).
b) The Photographer(s) have other professional photographers who will be contacted by their staff (or family) in the
event that they are not able to attend your booking due to clause 7a.
c) In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another
photographer to be present – see clause 7b) or in the unlikely event of total photographic failure (although re-shoots may
be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The
Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. Negatives or digital files:
a) The negatives and digital files shall remain the property of The Photographer(s) and shall be kept by them for not less
than 12 months from the contract date.
b) Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s)
liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already
received.
c) All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract
date. The Photographer(s) will not be liable for failure to produce any orders placed after this time.
9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees (as may be
appropriate to their case) will become due immediately upon said cancellation.
a) Cancellation within one week of booking and more than four complete months to go until contract date - £300 non-
refundable booking fee ( see clause 5a).
b) Cancellation with less than four months to go until contract date - full price for the complete package booked.
c) In all cases where The Photographer(s) is able to rebook the date with an equivalent booking, then the cancellation
fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be
refunded accordingly.
10. Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working
day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the
order made by The Client after this time.
b) All wedding orders will take approximately six to eight weeks to complete. All other orders will take approximately four
to six weeks. The Client(s) will be informed by either telephone or in writing once the order is ready and available for
collection. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any
orders not collected may be destroyed.
c) The Photographer(s) must be notified either by telephone or in writing (sent by special delivery) within two working
days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be
rectified after this period.
d) Due to the nature of the product The Photographer(s) are unable to give exchanges or refunds. This does not affect
your statutory rights.
11. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be
governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English
courts.
12. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event
of cancellation.
I have read the above and agree to abide by the terms of agreement set out. I
understand that the terms of this agreement cannot be changed unless agreed by
both parties in writing.
Signature: Print Name: Date:
To be signed on behalf of Simon Cook Photography:
I confirm that I have received a signed copy of the above contract and a booking fee of
£300.
Signature:
Print Name: Date:
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