IMPORTANT

PLEASE READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

An executed copy of this Agreement and a Booking Fee is payable to secure Matthew Smart/Matthew Smart Photography’s services for The Clients date. The Booking Fee will be deducted from your total balance. The remaining balance will then be payable 14 days before the wedding. In the event that The Client fails to pay the remaining balance within seven (7) days of the wedding date, Matthew Smart/Matthew Smart Photography may, at their discretion, treat this agreement as if terminated by The Client. Upon payment of the Booking Fee, Matthew Smart/Matthew Smart Photography will reserve the event date on behalf of The Client(s) and reject all other requests for event coverage on that date. Thus, if for any reason the wedding is cancelled or postponed, all monies paid are non-refundable or non-transferable to a new date. To reserve a new date a new Booking Fee will be required at the current rate.

The Client (the one signing this booking form) may cancel this contract any time after it has been signed by sending written notice to Matthew Smart/Matthew Smart Photography. If the written notification is received more than 120 days before the date the wedding is due to take place then Matthew Smart/Matthew Smart Photography will reimburse The Client any monies paid, except for the Booking Fee.


If the written notice of cancellation is received within 120 days of the due wedding date then the amount of the price that Matthew Smart/Matthew Smart Photography shall be entitled to is calculated in accordance with the table below (detailing the amount Matthew Smart/Matthew Smart Photography is entitled to)
0-14 days = 100%, 15-60 days = 75%, 61-90 days = 50%, 90-120 days = 25%, 121+ days = 0%

While every reasonable effort will be made to produce and deliver the agreed photographs of the event, Matthew Smart/Matthew Smart Photography’s entire liability to The Client for any claim arising from Matthew Smart/Matthew Smart Photography’s performance or agents and servants (including photographers, processing laboratories and postal and delivery agents) is limited to a refund to The Client of the amount paid for services. The primary photographer for the wedding will be Matthew Smart. If Matthew Smart/Matthew Smart Photography is involved in an event rendering him unconscious, liability is limited to a full refund of monies paid. In the unlikely event of photographic equipment failure, the limit of liability for a partial loss of originals shall be a prorated amount of the photographs lost based on the percentage of total number of originals. In the unlikely event of personal illness, Acts of God, or other circumstances beyond the control of Matthew Smart/Matthew Smart Photography, a substitute photographer of high qualifications may be sent to fulfil the obligations of Matthew Smart/Matthew Smart Photography herein contracted. If a substitute photographer is provided, The Client has the right to refuse to accept the substitute photographer and may instead terminate this agreement and receive a full refund of all monies paid.

CREATIVE LICENCE:
Matthew Smart/Matthew Smart Photography shall be granted creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style and the number of photographs taken and delivered shall be deemed correct. On its own behalf, and on behalf of the subject, The Client acknowledges that they are familiar with Matthew Smart/Matthew Smart Photography’s portfolio and are requesting services with knowledge of Matthew Smart/Matthew Smart Photography’s style; that Matthew Smart/Matthew Smart Photography’s work is constantly evolving; that Matthew Smart/Matthew Smart Photography’s services are of unique and artistic nature; that the photos may be different from photographs taken by Matthew Smart/Matthew Smart Photography in the past; and that in creating the photos, Matthew Smart/Matthew Smart Photography shall use his personal artistic judgment to create images consistent with his personal vision of the event, which vision may be different from The Client’s and the subject’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.


Matthew Smart/Matthew Smart Photography will endeavour to take all the photographs agreed. However, because a wedding is an uncontrolled event, Matthew Smart/Matthew Smart Photography cannot guarantee delivery of any specifically requested image(s), especially if timings or events are altered without our knowledge. Due to changes of the weather and the availability and willingness of subjects Matthew Smart/Matthew Smart Photography will do their best to honour requested photographs but cannot undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

During a wedding Matthew Smart/Matthew Smart Photography will automatically re-take any photograph where they have seen that someone has blinked, but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see everyone.

Matthew Smart/Matthew Smart Photography 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 manmade fibres, it is sometimes impossible to record on film/digital media the exact colour of materials as seen by the human eye.

Any additional editing and/or retouching will be subject to an hourly rate of £40 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements.

The guidelines of the ceremony official and the reception site management limit Matthew Smart/Matthew Smart Photography. The Client agrees to accept the technical results of their imposition on Matthew Smart/Matthew Smart Photography. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; Matthew Smart/Matthew Smart Photography will offer technical recommendations only.

MODEL RELEASE:
The Client hereby grants Matthew Smart/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 or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by Matthew Smart/Matthew Smart Photography and considered standard by the wedding industry.

EXCLUSIVITY:
Matthew Smart/Matthew Smart Photography shall be the sole professional (still) photographer(s) at the venues specified.

DELIVERY:
Once a set of high resolution digital files have been delivered, the responsibility to preserve the images passes to The Client. Matthew Smart/Matthew Smart Photography may or may not keep a copy. This is at the discretion of Matthew Smart/Matthew Smart Photography.

COPYRIGHT:
The 1988 Copyright Act assigns the copyright to Matthew Smart/Matthew Smart Photography. It is contrary to the Act and strictly illegal to copy or allow to be copied, any photographs covered by this contract. Matthew Smart/Matthew Smart Photography grants The Client permission to make copies of the images under the conditions that the images taken by Matthew Smart/Matthew Smart Photography are for personal use by The Client and their friends and relatives. Matthew Smart/Matthew Smart Photography will provide The Client with a print licence as proof of this permission. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from Matthew Smart/Matthew Smart Photography.

AMENDMENTS:
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and Matthew Smart/Matthew Smart Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.

In the event of any dispute regarding this contract, both parties agree to attempt to obtain a conciliation before taking any other action.

It is strongly advised that you take out wedding insurance in the event that you have to cancel or rearrange your wedding.

Contract

By completing this document you are entering into a legally binding contract and you are urged to read the terms and conditions carefully.

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