David Wain​​​​​​​

Wedding Photography Terms & Conditions

Our services are covered by the following Terms and Conditions.

Terms and Conditions subject to change with prior notice.

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Entire Agreement

This agreement contains the entire understanding between ‘David Wain Photography’ and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

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General Synopsis

Any additional charges incurred, will be recovered from the Client and agreed in advance where possible

During wedding shoots where attendance is greater than 4hrs food and beverages must be provided to all David Wain Photography staff (with suitable seating at the venue).

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Booking Fee Payment

A 35% NON-REFUNDABLE Booking Fee and signed Contract is required to confirm the date and time of the event booking of David Wain Photography. The Booking Fee is being paid to secure ‘David Wain Photography’ (the photographers) services for a particular date, that securing such services prevents ‘David Wain Photography’ from booking other clients, and that economic loss will result if the photographer does not collect the fee. Bookings are made on a strictly first-come first-serve basis. Event dates will ONLY be secured upon receipt of both the non-refundable Booking Fee and completed Contract. Booking Fees are not transferable to new dates unless agreed in writing. A 5% discount will be apply if you pay a 50% deposit upon booking and signing of wedding contract.

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Payment Schedule

The aforementioned non-refundable Booking Fee is due at the time of signing of Contract which result in booking ‘David Wain Photography’. The remaining balance is payable in full, TWO months prior to the event. In the event the client fails to remit payment as specified, ‘David Wain Photography’ shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the event. Any bank charges incurred will be debited to the client. Extra albums, prints and services – orders with 3rd party suppliers will not be placed until payment is received in full. Post production will only commence once full payment has been received. No images will be released until the final balance is paid in full.

 

Prices

‘David Wain Photography’ is not VAT registered, thus does not charge VAT on products or services. Services, products or merchandise not included in this initial contract (at time of booking), will be sold at the current price when the order is placed. All prices and specifications are subject to change at any time without notice.

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Festive Period Surcharge

Event(s) booked for 24/25/26th, 31st December, 1st, 2nd January incur a 50% increase in standard quoted costs.

Event Schedule / Timeline

The Client agrees to confirm the schedule no later than two-months prior to the event. A Final Timeline will be agreed upon no later than two-months prior to the event, based on the clients’ requirements. Notification of any changes in schedule / timeline or location must be made in a timely manner and confirmation of receipt must be obtained from ‘David Wain Photography’ by the Client. Once a final timeline has been agreed between ‘David Wain Photography’ and the client, should proceedings on the day run over the initial times agreed on your timeline, a charge of £95/hr will apply and billed after the event. “Photos completed” define end of day.

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Weather & Delays

Weather permitting the photographs will be taken as agreed. In the event of inclement weather the photographer, in cooperation with the client will make necessary changes to the schedule and will we’ll do our best to produce coverage of the event within the time allocated to us. Similarly, when delays occur due to circumstances out of ‘David Wain Photography’s’ control, the photographer will stay on beyond the agreed time if required, for an additional fee of £100/hr

Free Drone Video Shoot with The Couple.

Rarely, bad weather or technical difficulties can prevent the free drone video shoot taking place.

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Shooting Time / Additions

The client and ‘David Wain Photography’ agree that co-operation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time for the event, shooting will still commence at the scheduled start time and end at the scheduled end time. ‘David Wain Photography’ will not be held responsible for loss of photographic material due to delays in the event schedule. All additional time beyond the scheduled end time will be billed to the client accordingly.

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Expenses Incurred

During wedding shoots where attendance is greater than 4hrs food and beverages must be provided to all ‘David Wain Photography’ staff (with suitable seating at the venue). Any additional charges incurred, will be recovered from the client and agreed in advance where possible.

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Responsibilities

‘David Wain Photography’ is not responsible for compromised coverage due to causes beyond the control of the ‘David Wain Photography’ including but not limited to obtrusive client or guests, lateness of the client or guests, weather conditions, schedule complications, incorrect addresses provided to the ‘David Wain Photography’, rendering of decorations, or restrictions of the locations. ‘David Wain Photography’ is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. ‘David Wain Photography’ is not held liable for missed coverage of any part of the event. ‘David Wain Photography’ will not be held accountable for failure to deliver images of any individuals /any objects at the event.

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Accidental Damage & Personal Injury.

Although we strive to make each directed photoshoot as safe as possible, we cannot be held responsible for any accidental damage or personal injuries. It is understood that the client undertakes each photoshoot at their own risk.

Venue & Location Limitations

‘David Wain Photography’ is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on ‘David Wain Photography’. Negotiation with the officials for moderation of guidelines is the client’s responsibility; ‘David Wain Photography’ will offer technical recommendations only.

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Permits

The client is responsible for acquiring all permits and necessary permission for all locations on which ‘David Wain Photography’ will be performing services.

Coverage & Requested Photographs

‘David Wain Photography’ cannot be held responsible for the lack of coverage caused by the client / bride, groom or other members of the wedding party not being ready on time, nor by restrictions placed on the photographer by locations, officials of the church, register office, or other licensed marriage venues. ‘David Wain Photography’ will honour requests for specific photographs subject to the following: weather and time permitting, availability and the cooperation of the persons involved. All such requested photographs must form part of the client’s final “group shots” agreed in the timeline or specified in the brief. The photographer does not guarantee any specific picture nor to include any specific background, location, prop or arrangement, although every effort will be made to interpret the client’s wishes.

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Capture & Delivery

‘David Wain Photography’ is not liable to deliver every image taken at the event. The determination of images delivered to the client is left to the discretion of ‘David Wain Photography’.

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Post Production & Editing

Post production will only commence once full payment has been received. The final post production and editing styles, effects, and overall look of the images are left to the discretion of ‘David Wain Photography’. All edits are final and images shall not be re-edited once post production has been completed.

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Colour Matching & Size

The dyes used for clothing, particularly man-made fibres do not always photograph in the manner in which they appear to the eye. When the photographs are printed to produce a pleasing flesh colour such materials may appear incorrect. ‘David Wain Photography’ will endeavour to achieve to closest possible colour match within the limitations of the materials and processes used. All quoted sizes are nominal and may be subject to a slight margin of error. ‘David Wain Photography’ accepts no liability for such minor variations in size or colour.

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Sign Off Procedures

In the case of all album product, once the draft album design has been presented to the client for approval the layout of up to 4 pages (2 spreads) may be changed. If any additional pages require changing this will be charged at £25 per spread. All album design & build must be signed off by the client prior to production and a signed hard copy sent to ‘David Wain Photography’. Once approved, the signed off design will be reflected in the final product and the client should be aware that any uncorrected errors will appear in the finished article. ‘David Wain Photography’ is unable to accept responsibility for any errors or omissions once approval has been given. In the instance that changes to an album are requested after the final sign off but pre-submission to the manufacturer these changes will be charged at £25 per page plus £25 administration fee.

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Albums & Supplied Prints

‘David Wain Photography’ make use of 3rd party suppliers to produce all albums & prints. These suppliers take the utmost care while producing prints and albums and all their products are subject to quality control inspections, prior to dispatch. Upon receiving product(s) the client will have 5 working days to report any fault or problem due to shipping or handling to ‘David Wain Photography’. ‘David Wain Photography’ will rectify any fault free of charge during this time period. Faults reported outside 5 working days will be subject to costs. The client will receive a “Production Schedule” for album production -please be advised, any current calendar year wedding of which albums are not signed off and sent for print before the specified dates, will be subject to the next calendar years album price increase set in place by the album company, subsequently following in 6 month increments.

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Digital Files

Once payment has been received and post production completed, all clients will receive digital downloads or a USB memory device with the selected high res jpeg (digital) files @ minimum 300dpi. The client shall be solely responsible for the safekeeping, storage and backups of their images. ‘David Wain Photography’ does not offer any guarantee for future storage or retrieval of archive files once the client receives digital files. A duplicate USB memory device will incur additional charges. Retrieving archive files older than 6 months will incur an additional £100 administration fee.

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Copyright

The intellectual property rights (IPR) and copyright of all images created will remain that of ‘David Wain Photography’. The photographs produced by ‘David Wain Photography’ are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without ‘David Wain Photography‘s’ explicitly written permission. If the client has purchased a ‘digital download / Image USB’ from ‘David Wain Photography’, ‘David Wain Photography’ grants the client a single usage, non-exclusive licence, as specified in the quotation and/or invoice and/or booking confirmation, including permission to share the images on social networking websites with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to ‘David Wain Photography’. The client must obtain written permission from ‘David Wain Photography’ prior to publishing. The client may not resell images. Under our terms and conditions, ‘David Wain Photography’ reserves the right to use any image for publicity or advertising purposes without any compensation to the parties involved. The client hereby acknowledges that infringement of ‘David Wain Photography’s’ copyright is unlawful and may be a criminal offence.

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Usage

No use may be made of the images other than what is specified in the “Agreement” on “BUR” (Base usage rate) on the quotation / invoice / booking form, unless permission is given in writing from ‘David Wain Photography’. Where use is restricted in the agreement, permission to use the images for purposes other than those specified, will normally be granted upon payment of a further fee, to be mutually agreed upon between ‘David Wain Photography’ and the client. The client must obtain written permission from ‘David Wain Photography’ before the images may be used for purposes other than those specified.

 

Exclusivity

‘David Wain Photography’ retains the right to use the images in any manner, at anytime and anywhere in the world for the purpose of advertising or otherwise promoting ‘David Wain Photography’s’ work. Should ‘David Wain Photography’ grant the client an exclusive license for use of the images for a limited period, ‘David Wain Photography’ shall be entitled to use the images for any purposes, for editorial, trade, advertising, educational and any other purpose and in any manner and medium, including for editorial, trade, advertising, educational and any other purpose and in any manner and medium, after the period ends, even if the digital image(s) has been bought from ‘David Wain Photography’.

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Artistic Licence

‘David Wain Photography’ shall be granted full artistic licence in relation to poses photographed and locations used at the photography locations. Due to the unpredictable nature of the weather and the willingness of subjects, it is not always possible to capture certain requested images. No one image shall be deemed ‘more important’ than any other image or be treated as such.

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Limit of Liability

In the unlikely event that the assigned photographer from ‘David Wain Photography’ is unable to perform to the guidelines of this contract due to an injury, illness, act of God, pandemic, act of terrorism, or other cause beyond the control of ‘David Wain Photography’, responsibility and liability is limited to the return of all payments (minus Booking Fee) received for the event.

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond ‘David Wain Photography‘s control, including but not limited to camera, hard drive, or equipment malfunction, ‘David Wain Photography’s’ liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. ‘David Wain Photography’ is not liable for the loss of images beyond the lesser of the final delivery of all products included in the Contract.

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Safety

‘David Wain Photography’ reserves to right to terminate coverage and leave the location of the event if the photographer or any staff from ‘David Wain Photography’ experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event; or in the event that the safety of the photographer or any staff from ‘David Wain Photography’ is in question. In event of the above, no refund will be issued for any payments received for the event.

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Cancellation Policy

If the event is rescheduled, postponed, or cancelled due to illness, act of God, pandemic, act of terrorism, or other cause, or if there is a breach of contract by the client, the booking fee (Retainer fee) is non-refundable and shall be liquidated to cover damages to ‘David Wain Photography’. The client shall also be responsible for payment for any of ‘David Wain Photography’s materials charges incurred up to time of cancellation.

 

Up to two months before event (photo shoot / wedding)

The client may cancel their contract with ‘David Wain Photography’ up to two months before the date of the event (photo shoot or wedding). Upon receiving a written cancellation notice ‘David Wain Photography’ will reimburse any monies paid less the booking fee which remains non-refundable, bank charges or any other charges incurred up to that point. £100 administration fee applies.

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Less than two months before event (photo shoot / wedding)

If the client cancels the contract less than two months prior to the event (photo shoot or wedding), all monies will be retained by ‘David Wain Photography’. The client will be liable for full payment of the original contract.

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Postponement of event (photo shoot/wedding)

Should the event (shoot / wedding) turn out to be a postponement for any reason, illness, act of God, pandemic, act of terrorism, or any other cause, then at the discretion of ‘David Wain Photography’ and subject to availability, monies other than the booking fee may be applied to the new shoot / wedding. Booking Fees are not transferable to new dates. In order to confirm a new date, a new booking fee will be required.

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Cancellation by David Wain Photography

In the highly unlikely event of cancellation by ‘David Wain Photography’, or unavoidable total photographic failure, the photographers’ liability shall be limited to a full refund of any booking fees and fees paid to ‘David Wain Photography’ up to that point. ‘David Wain Photography’ will not be responsible for any further costs.

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Model Release

The client hereby assigns ‘David Wain Photography’ the irrevocable and unrestricted right to use and publish photographs of the client, or in which the client or any of their guests or any part of the event may be included, which may include advertising, promotion, marketing, editorial, trade, educational and any other purpose and all use, (except pornographic or illegal use) and in any manner, form or medium, to alter the same without restriction, and to copyright the same without restriction, or without further notice. The client releases all claim to profits that may arise from use of images.