Terms & Conditions

TERMS AND CONDITIONS OF CONTRACT FOR WEDDING PHOTOGRAPHY SERVICES 

In the following terms & conditions “the photographer” shall mean Graham Edwards trading as GE - Photography. “The client(s)” shall be those persons defined as bride and groom in the wedding booking. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

Booking Fee / Deposit Payments

A non-refundable booking fee of £150 as well as full acceptance of the terms and conditions as detailed hereafter, secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due one calendar month before the wedding day. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.

Wedding Arrangements

The details of the wedding arrangements are to be agreed upon beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received and acknowledged in writing.

Cancellation

The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 8 weeks before the wedding will result in the payment in full becoming due. All cancellations must be in writing.

Display

The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums etc.

Images

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 fibres. It is sometimes impossible to record digitally the exact colour as seen by the human eye.

For a booking involving a church ceremony or at certain venues, the official in charge sometimes restricts the photographer’s movements. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.

All images will be finalised and displayed on the business client area with a presentation pen drive

despatched to the client within 8 weeks of the wedding.

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.

Prints / Reorders

All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

Copyright

The copyright Designs and Patents Acts assign the copyright of the images to the photographer.

Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means, an image created as part of this contract without the permission of The Photographer/s in writing.

Licence

The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

Force Majeure or Act of God

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly, and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

Attendance

In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.

Limitation of Liability

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 indirect or consequential loss.

Personal Accident

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

Governing Law

This agreement shall be governed in accordance with the laws of Scotland, England and Wales.

Terms & Conditions

This document contains our Privacy Policy, Studio & Equipment Hire Terms & Conditions, and Photography Terms & Conditions. These Terms & Conditions apply to all confirmed bookings and we recommend that you familiarise yourself with them before booking any of our services. Should you have any questions please call us on 07725 584 142. 

Privacy Policy 

We do not store credit card details, nor do we share customer details with any 3rd parties. 

Studio & Equipment Hire Terms & Conditions 

Studio Hire prices are for space and lighting equipment rental only. If you need additional assistants, digital workflow operators or any other additional services please contact us in advance to arrange this and ensure availability. 

By booking studio and/or equipment hire with us you automatically agree to these terms and conditions. 

Definitions 

In these conditions the following expressions have the following meanings: 

“GE Photography – The Studio” trading as GE Photography, The Grain Store, 48 Whitesands, Dumfries, DG1 2RS. 

“the Customer” any person or firm or company dealing with GE Photography – The Studio or any servant or employee of such a person firm or company. 

“Services” shall include all studio facilities and the services of assistants, technicians, operators and other personnel of GE Photography - The Studio or of any sub-contractor or associate of the Company. 

“Equipment” all studio fixtures and other equipment provided by GE Photography - The Studio or of any sub-contractor or associate of the Company. 

“Studio” the premises of GE Photography - The Studio for the time being where the services and equipment are provided. 

General 

1. GE Photography - The Studio will insure the Studio and Equipment against all normal insurable risks but not further or otherwise. The Customer must effect their own insurance cover against consequential loss of profit and other Risks and must effect its own cover against loss, damage or theft of any of its own equipment brought into the studio. Under no circumstances will GE Photography - The Studio entertain any claims arising out of any failure of the Customer to effect its own insurance cover. The Customer must ensure that their Public Liability insurance is operative for all persons in the studio during the hours of use to cover any accident, injury or death. 
2. These Conditions constitute the entire contract and may not be varied otherwise than in writing signed by a duly authorised signatory on behalf of GE Photography - The Studio. 
3. Full details of the GE Photography - The Studio services and charge rates are set out in the GE Photography - The Studio Price & Equipment List which may be varied by GE Photography - The Studio without notice. 
4. Nothing in these Conditions is intended to exclude restrict or modify liability on the part of GE Photography - The Studio resulting from negligence or otherwise unless permitted by Statute. 
5. The Customer is responsible for any breakages, loss or damage occasioned to the Equipment or the Studio caused by or arising from the Customer use thereof or by any servant agent employee or sub-contractor of the Customer. 
6. Any discounts offered on GE Photography - The Studio hires are exclusive. They cannot be combined. Except for company wide or pre-agreed discounts, the higher discount will always be applied. In the case of special offers these must be requested at time of booking and will not automatically be applied. 

Studio Hire

1. The Studio is available for daily use between 0900hrs and 1700hrs. Use outside these hours (if available) shall be charged at the published overtime rates unless previously agreed in writing by GE Photography - The Studio. 
2. The Studio may be provisionally booked by telephone and the booking should be confirmed within 24 hours. A non-refundable 25% deposit is payable in advance to confirm the booking, unless otherwise agreed in writing. 
3. Studio and Equipment hire bookings balance must be paid for on the day of the shoot unless otherwise agreed in writing. 
4. If the Customer wishes to postpone a confirmed booking this must be done at least 48 hours before the hire period starts otherwise 50% of the full studio booking rate will apply. 
5. Bookings may only be extended with the prior consent of GE Photography - The Studio, and published overtime rates will be applicable to hires that run over the booked time. Customers must ensure that set up and take down time takes place within the hours booked. 
6. The Customer must observe all regulations governing the use of the Studio and of any Equipment and services whether imposed by GE Photography - The Studio or by any statutory body or Local Authority. 
7. The Studio is available for the exclusive use of the Customer named in the booking and the Customer is not permitted to sub-contract sub-let or otherwise permit any third party to utilise the Studio without the prior written consent of GE Photography - The Studio. 
8. Any materials used in connection with sets constructed by the Customer as well as any rubbish shall be removed from the Studio at the end of the hire period at the expense of the Customer otherwise additional charges will apply. 
9. No alterations, decorations or additions to the Studio are permitted without the consent of GE Photography - The Studio. At the end of the hire period the Studio must be surrendered in the same condition that it was in at the start of the hire period. Any costs incurred by GE Photography - The Studio arising out of any breach of this Condition shall be paid by the Customer. 
10. The Studio is supplied clean at the start of the hire period, and any costs of painting, repairing, and maintaining this state will be payable by the Customer. GE Photography - The Studio must be notified by the Customer at the start of the hire period if any aspect of the condition or decoration of the Studio is unacceptable. If no such notification is given, the studio will be determined to be of an acceptable standard for use by the Customer. 
11. The Customer must ensure that any persons under the age of 18 have parents’ or guardians’ permission to be at the studio during the period of studio hire. 

Hire of Services and Equipment 

1. All equipment and services are supplied by GE Photography - The Studio entirely at the risk of the Customer. GE Photography - The Studio shall not be liable for loss or damage of any kind to material or props or equipment entrusted to it however caused including consequential loss and loss of profit. 
2. The Customer must notify GE Photography - The Studio at the time of supply if the condition of any Equipment is not acceptable. 
3. In no circumstances shall GE Photography - The Studio be liable for any loss or damage, including consequential loss, however caused arising out of the use or the inability to use the Equipment supplied or agreed to be supplied 
4. The Customer may not without the written consent of GE Photography - The Studio: 
   1. Remove the equipment from the Studio premises; or 
   2. modify or alter or tamper with the Equipment in any way; nor 
   3. use the Equipment in a manner not recommended by the Manufacturer; nor 
   4. allow or suffer the Equipment to be used by any untrained or unauthorised personnel; nor 
   5. part with possession sell pledge encumber or suffer any lien to be created on the Equipment. 
5. Where at the request of the Customer GE Photography - The Studio supplies to the Customer the services of assistants, sub-contractors, associates, freelancers or other persons - such persons shall be deemed to be the servant of the Customer and the said services shall be deemed to be rendered by the Customer and GE Photography - The Studio shall not be liable for loss or damage of any kind however caused. 
6. GE Photography - The Studio shall not be liable for any loss or damage howsoever arising out of any statement advice instruction or any other representation given or made by any servant of GE Photography - The Studio or any other person whose services are supplied to the Customer. 
7. The hire period for services or Equipment cannot be extended other than with the consent of GE Photography - The Studio. 
8. Equipment must be returned promptly at the end of the hire period in good condition (save for fair wear and tear). The Customer shall pay or compensate GE Photography - The Studio for the replacement value of lost or damaged Equipment or in respect of any cancellation or variation of any order or failure to return the Equipment on time. 

Payment and Additional Charges 

1. Unless otherwise agreed in writing all transactions will be settled in agreement with GE Photography - The Studio payment terms set out in our terms and conditions before the commencement of the hire period. Authorised account holders must settle accounts within 14 days of the date of invoice. 
2. The hire charge commences when the Studio and/or Equipment is made available to the Customer whichever is the earlier and terminates when the Studio and/or Equipment is surrendered or returned to GE Photography - The Studio or the agreed hire period ends whichever is later. GE Photography - The Studio will charge for additional hire hours at the published hourly rates. GE Photography - The Studio reserves the right to make an additional hourly labour charge to cover any costs incurred by GE Photography - The Studio as the result of failure to comply with these Terms & Conditions. 
3. Any additional Equipment, services, staff or modifications to the Confirmation of Booking will be billed to and paid for by the Customer. 
4. At the end of the hire period the Customer may be charged at the discretion of GE Photography - The Studio an additional rental where the Studio or any item of Equipment is delivered to or returned to GE Photography - The Studio in a bad or damaged condition so as to preclude use or hire of the said Studio or Equipment. 
5. Where GE Photography - The Studio is required to place a security deposit with any third party for the hire of any item of equipment such deposit shall be paid to GE Photography - The Studio by the Customer when the booking is made. 
6. GE Photography - The Studio shall have a general lien on any film, media or other equipment digital or otherwise or property in the possession of GE Photography - The Studio or in the Studio premises for the payment of any monies due to GE Photography - The Studio from the Customer. 

Exclusions of Liability 

GE Photography - The Studio shall not be liable to the Customer for any loss damage expense liability or for any consequential loss (including loss of profit) whatsoever or howsoever arising out of or in connection with any of the following: 

1. any damage to or loss of property by the Customer or the Customers servants or agents or any third party. 
2. any breakdown stoppage or failure of the facilities and Equipment provided in the Studio or any other Equipment supplied to the Customer by GE Photography - The Studio. 
3. any death or injury occasioned to any Customer or servant or agent of any Customer occasioned by the use of the Studio or any Equipment unless such death or injury is directly attributable to the negligence of GE Photography - The Studio or the servants or agents of GE Photography - The Studio. 
4. for any fines and/or legal costs incurred by GE Photography - The Studio or the Customer for any activity connected with the hire of the Studio or Equipment. 
5. any failure on the part of GE Photography - The Studio to comply with its obligations to the Customer due to any circumstances beyond the control of GE Photography - The Studio. 

Indemnity 

The Customer shall at all times keep GE Photography - The Studio indemnified against all actions proceedings costs charges claims expenses and demands whatsoever which may be made or brought against GE Photography - The Studio or the servants or agents of GE Photography - The Studio by any third party in respect of any alleged injury loss damage or expense arising out of or in connection with the use of the Studio or Equipment or services supplied by GE Photography - The Studio even where such injury loss damage or expense is caused wholly or in part by the negligence or breach of contract of GE Photography - The Studio its directors servants or agents save in respect of any death or personal injury caused by the negligence of GE Photography - The Studio as aforesaid. 

Termination 

GE Photography - The Studio may summarily terminate any hire contract with the Customer upon the happening of any of the following events: 

1. if the Customer shall fail to pay any of the monies due to GE Photography - The Studio or dishonour any cheque paid to it; or 
2. if the Customer enters into liquidation (other than for the purposes of amalgamation or reconstruction) or shall have a Receiver of its assets appointed or being an individual shall be declared bankrupt or having a Receiving order made against them; 
3. if the Customer shall be in breach of any of the terms of these Conditions and any such termination shall be without prejudice to any rights accrued to GE Photography - The Studio against the Customer prior to the date of termination. 

Applicable Law 

These Conditions shall be read and construed in accordance with the Laws of England, Scotland, Wales and Northern Island. 

Variation 

These Terms and Conditions shall not be varied except by agreement in writing. 

TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM GE PHOTOGRAPHY

1. Terms and Definitions:

• picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
• reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
• the Photographer (otherwise known as Graham Edwards) is the Author of the photograph or the Photographer.
• the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
• GE Photography administers the licensing of the works of the Photographer, Graham Edwards and is a trading name of GE
• These terms and conditions represent the entirety of the agreement between GE Photography and the Any variation is only applicable when agreed in advance and in writing;

2. Copyright and Ownership of Materials:

• The entire copyright in the pictures is retained by the Photographer, Graham Edwards at all times throughout the world and is administered by GE Photography;
• Title to all photographs remains the property of the Photographer;
• Images will be licensed for use for a specified When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
• The Photographer, as administered by GE Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given No property or copyright in any pictures shall pass to the Client whether on its submission or on GE Photography' grant of reproduction rights in respect thereof;
• Graham Edwards asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
• Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by GE Photography any fee payable by the Client shall be subject to an increase specified by GE Photography and in any event an increase of not less than 25%.

3. Use and Reproduction:

• The License to Use only comes into effect once full payment of the invoice has been No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by GE Photography;
• Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
• Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on GE Photography’ invoice. An agreement must be reached with GE Photography before the pictures are used for a different purpose or after the licence to use has expired;
• Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
• Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;

• GE Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
• In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to GE Photography free of charge within two In other media, evidence of use must be made available if requested;
• On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, GE Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the

4. Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by GE Photography and the Photographer to the Client:

• Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site;
• PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
• Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
• Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context

5. Booking and Cancellation:

• The Client will be required to complete a Booking Form, on receipt of the booking form, GE Photography will send an email as confirmation. The booking will then be considered
• Once the Client has made a booking for a specific time and date and this date/time has been Confirmed, GE Photography will not accept any other work from other clients for those times and dates;
• As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by GE Photography.

6. Payment Terms:

• Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing;
• If payment is not made in accordance with (a) above then GE Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;
• A fee of £17 (excluding VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a This fee is non- refundable, and represents the additional time spent pursuing overdue invoices;
• The Client's right to reproduce a picture arises only when GE Photography’ invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling GE Photography to rescind the Agreement and rendering the Client liable for the payment of damages;
• If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that GE Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;

7. Rejection:

• GE Photography will edit every take and deliver what it considers to be the best of every situation covered;
• Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

8. Liability and Indemnity:

• While GE Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
• The Client agrees to indemnify GE Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by GE Photography;
• It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that GE Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify GE Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

9. Applicable Law:

• This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland;
• No variation of terms and conditions set out herein shall be effective unless agreed in writing by both
• Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and

10. Client Confidentiality:

The Photographer and GE Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or GE Photography to carry out their obligations in relation to the commission.

10. Making Payment

Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

Payment by BACS is preferred and bank details will be provided on our invoice. We also accept payment by cheque and crossed cheques should be made payable to “GE Photography". Please note, when making payment by cheque, proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

11. Why you should use GE Photography

• The images you want - We can work with however a detailed brief you provide or help with creative input when

• Easy to use Images - High technical quality to meet your needs, for web or print.

• No hidden costs - All our prices are clear and up

• Free technical advice and assistance - All of our Digital Imaging and Colour Management

consultancy knowledge comes as standard when using GE Photography.