Wedding and Family Photography T&C's
This Agreement is made effective for all purposes in all respects as of the customer by and between Matthew Smart Photography. Hereinafter the customers will be referred to as “The CLIENT”.
ENTIRE AGREEMENT: This agreement contains the entire understanding between MATTHEW SMART 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.
RESERVATION: A signed contract and deposit fee (20%) are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the deposit fee is non-refundable and shall be liquidated damages to MATTHEW SMART PHOTOGRAPHY. The CLIENT shall also be responsible for payment for any of MATTHEW SMART PHOTOGRAPHY ’s materials charges incurred up to a time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from MATTHEW SMART PHOTOGRAPHY by the CLIENT.
SAFETY: MATTHEW SMART PHOTOGRAPHY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from MATTHEW SMART PHOTOGRAPHY experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from MATTHEW SMART PHOTOGRAPHY is in question.
SHOOTING TIME / ADDITIONS: The CLIENT and MATTHEW SMART PHOTOGRAPHY agree that cooperation and punctuality are essential to accomplishing 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(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and MATTHEW SMART PHOTOGRAPHY studio address. For all EVENT(S), the first 50 miles round-trip of travel are included. All miles in excess of 50 miles round-trip are charged at £0.40 per mile.
RESPONSIBILITIES: MATTHEW SMART PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of MATTHEW SMART PHOTOGRAPHY including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to MATTHEW SMART PHOTOGRAPHY, rendering of decorations, or restrictions of the locations. MATTHEW SMART PHOTOGRAPHY is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. MATTHEW SMART PHOTOGRAPHY is not held liable for missed coverage of any part of the EVENT(S). MATTHEW SMART PHOTOGRAPHY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: MATTHEW SMART 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 MATTHEW SMART PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; MATTHEW SMART PHOTOGRAPHY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which MATTHEW SMART PHOTOGRAPHY will be performing services.
FILM and COPYRIGHTS: The photographs produced by MATTHEW SMART PHOTOGRAPHY are protected by Copyright Laws (all rights reserved) and may not be reproduced in any manner without MATTHEW SMART PHOTOGRAPHY ’s explicitly written permission. If the CLIENT has purchased an “Image DVD” or USB from MATTHEW SMART PHOTOGRAPHY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image DVD” or USB from MATTHEW SMART PHOTOGRAPHY, MATTHEW SMART PHOTOGRAPHY grants the CLIENT 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 MATTHEW SMART PHOTOGRAPHY. The CLIENT must obtain written permission from MATTHEW SMART PHOTOGRAPHY prior to publishing or selling the photographs.
PRINT QUALITY: MATTHEW SMART PHOTOGRAPHY is committed to using high-quality products. However, the CLIENT is aware that colour dyes, inks, and other materials, used in photography may fade or discolour over time. As such, the CLIENT releases MATTHEW SMART PHOTOGRAPHY and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any fading or discolouration of any photographic prints.
DIGITAL FILE QUALITY: MATTHEW SMART PHOTOGRAPHY is committed to providing high quality services. Unless otherwise specified on the reverse side of this Agreement, MATTHEW SMART PHOTOGRAPHY may deliver, and the CLIENT agrees to accept, the Image(s) encoded in an industry-standard data format that MATTHEW SMART PHOTOGRAPHY may select, at a resolution that the MATTHEW SMART PHOTOGRAPHY determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licenced. MATTHEW SMART PHOTOGRAPHY uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.
It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, MATTHEW SMART PHOTOGRAPHY ’s sole obligation will be to replace or repair the data, but in no event will MATTHEW SMART PHOTOGRAPHY be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.
MODEL RELEASE: The CLIENT hereby assigns MATTHEW SMART PHOTOGRAPHY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from the use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from MATTHEW SMART PHOTOGRAPHY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of MATTHEW SMART PHOTOGRAPHY, MATTHEW SMART PHOTOGRAPHY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond MATTHEW SMART PHOTOGRAPHY ’s control, including but not limited to the camera, hard drive, or equipment malfunction, MATTHEW SMART PHOTOGRAPHY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of a total number of originals. MATTHEW SMART PHOTOGRAPHY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: MATTHEW SMART 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 MATTHEW SMART PHOTOGRAPHY.
POST PRODUCTION AND EDITING: The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of MATTHEW SMART PHOTOGRAPHY.
PAYMENT SCHEDULE: The aforementioned 20% non-refundable deposit fee is due immediately. By paying the deposit by electronic means and/or the agreement cannot be signed for any reason when deposit is paid, the terms and conditions still apply. By paying the deposit you hereby confirm your understanding of this agreement and are aware deposit is non-refundable. The remaining balance is payable in full prior to but not less than 14 days of the EVENT(S). In the event the CLIENT fails to remit payment as specified, MATTHEW SMART PHOTOGRAPHY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from MATTHEW SMART PHOTOGRAPHY
PERMISSION: MATTHEW SMART PHOTOGRAPHY reserve the right to use all captured material (film, digital, electronic or otherwise) for the use of MATTHEW SMART PHOTOGRAPHY e.g. Advertising, Marketing and any other Print work (wall art/albums etc).