T&Cs

Terms and Conditions listed below are applicable for Wedding Photography packages, by booking a wedding package through The House of Elly Mac Photos, if you would like to sign a written copy of the terms and conditions, please get in touch.
it is assumed that you agree to all the terms and conditions below:

If you are not sure of anything, or would like some more information about our T&Cs, just ask as I am here to help
1 General:

It is agreed that the terms set out in this booking form is 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. By signing the wedding booking form, the bride & groom and/or their authorized agents, assign Elly Mac Photos exclusive rights to photograph the wedding. Amateur photography by guests is of course permitted but you must ensure that this does not interfere or conflict with the services we have agreed to provide.

2 Payments and Retainer:

Following Payment of the booking fee (50% of the value of the contract) the remaining balance is due to be paid at least 40 (Forty) days prior to the date of the Wedding or as agreed in writing. The balance of the Package Fee must be paid by you no less than 40  (forty) days prior to the date of the wedding. If the Package Fee is not paid by that date, we reserve the right not to provide any services until payment is made or to treat the Contract as being cancelled by you. The provisions of clause 14 will then apply. Payment may be made by cash, bank transfer or online via PayPal. Proof of payment will be made available by way of a receipt. All prices include v.a.t. (where applicable)

The hours booked and paid for start from the time Elly Mac Photos arrived and are continuous, hours cannot be stopped and started.

Addition hour/s coverage is charged at a rate of £225 per hour or part thereof.  If Elly Mac Photos are required to stay longer at the clients request for whatever reason, whether by design, oversight or by accident due to schedule conflicts or overruns you will be charged for the additional hour coverage at a rate of rate of £225 per hour or part thereof. Photographs will not be released until the outstanding balance is paid.

3 Reorders:

All re-orders shall be treated as an extension of this contract and no responsibility for errors will be accepted unless orders are given in writing on the Photographer’s pre-printed order forms. No re-orders will be processed unless payment is received in full at the time of ordering.

4 Pre Event Consultation:

The parties agree to a pre event consultation before the wedding date in order to finalise the actual shooting times and locations. A pre wedding consultation occurs at the office of Elly Mac Photos or at a mutually agreed location within London. A venue walk through and a pre wedding consultation occuring outside of London will incur a £60 fee each and is subject to the Elly Mac Photos availability. It is up to the clients to arrange this.

5 Special Requests / Coverage/Photos Lists: The Client understands and accepts that the photographic coverage will be as the Photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the Client’s wishes. Any special requests not notified on the booking form must be made by the Client to the Photographer in writing. Reasonable efforts are taken to photograph family and friends in-group shots, however these will only be taken if time and weather permit and at the photographer discretion.  No responsibility is accepted for any specific individuals missing from group shots or for group shots not being taken for whatever reason. The booking does not include the supply of press prints to publicise the wedding. However, the Photographer will, at her discretion, attempt to meet reasonable requests. The client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph. The client is also responsible for identifying any individual/s that does not desire to be photographed. Given the above,  extensive list/s of photographs provided by guests, parents or clients  are not appropriate and will not be adhered to as they are deemed to be a contradiction to the photographic style provided by Elly Mac Photos.

5 Group Shots:

Elly Mac Photos does not approach your day with a list or set of ‘must have’ shots in mind as our Ethos is based an individuality and working from a set of shots creates an unpalatable situation of everyones wedding photographs looking the same. This is not aligned with the spirit of Elly Mac photos.

Please note that Elly Mac Photos will only do the the following group shots as standard and only if requested:

All of Bridal Party
Both Sets of Parents with Couple

We can have a chat about this if you are not too sure.

6 House Rules:

The photographer is limited by the guidelines of the ceremony official or the reception site manager. The client agrees to accept the technical results of their imposition on the photographer. Negotiations with officials for moderation of guidelines is the clients responsibility.

7 The Photographer:

In the unlikely event of schedule conflicts or double bookings, medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Every effort will be made to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at a similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Unless specifically agreed with you in advance and written on the Contract, the identity of the photographer who will provide the services will be at our discretion. If it is agreed with you that a specific photographer will provide the services, we will use our best endeavours to ensure availability on the day. In the unlikely event that this photographer is unable to attend for any reasons we will use our best endeavours to arrange a suitable replacement.

 8 Images:

All image sizes are nominal. The Photographer will provide a pleasing color balance but cannot guarantee exact colour matching owing to the technical limitations when processing film and paper and the anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film/digital the exact colour as seen by the human eye.

 9 Retouching:

Retouching is available to the client as an optional extra.

10 Copyright:

The client hereby assigns and grants the photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the wedding for editorial, trade, advertising or any other purpose in any manner and medium. It is agreed that the photographer may display and use the photographs taken for advertising, display, website and internet promotion, competitions, public display such as in mail, photography books, store fronts, window displays, magazine advertising and any other purpose thought proper by the photographer. Any images or copies of images whether stored digitally (Negatives/Digital files) remain the property of the Photographer 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 in writing. Where a viewing album is provided, any breaking of seals in the album will presume a breach of copyright.

 11 Royalty Free License:

The photographer retains the copyright of the images as described in section 10. In the event that a disc/memory stick/DVD is included in the package or one is purchased as an optional extra then the photographer retains the copyright however grants a Royalty Free (RF) License that permits the use of the image/s without further payment for any non commercial lawful purpose for an indefinite period. Uses include reproduction, making the image available on the Internet for non-commercial use worldwide. The Royalty Free License does not permit the editing of the images by the clients or  third parties.  It is also prohibited to allow suppliers and third parties to use the images without the expressed written consent of Elly Mac Photos and a payment of the appropriate fee as determined by Elly Mac Photos.  Clients who permit their wedding suppliers to use Elly Mac Photos images without proper authority will be issued with a breach of copyright notice and required to pay compensation per image used.  The supplier will also be issued with a breach of copyright notice and required to pay compensation per image used.

 12 Artistic License:

The Photographer shall be granted complete artistic license including in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

13 Force Majeure or Act of God

The performance of this contract shall be contingent upon acts of God, flood, fire, warfare, government laws, or regulations, electrical failure, strikes by suppliers and/or conditions beyond its control.

14 Cancellations and change of dates

The Client may cancel this contract at any time by giving written notice to the Photographer but in doing so shall then be liable to pay to us compensation based on a percentage of the Package Fee depending upon when the notice is received:

121 days of more – Booking Fee only

91 – 120 days – 50%

61 – 90 days – 60%

31 – 60 days – 75%

0 – 30 days – 100%

All monies (minus the  cancellation fee will be refunded within 60 days) If the Photographer is forced to cancel the agreement then any fees and deposits will be reimbursed in full to the client. Changing the date of your wedding will incur a £150 administration fee, in the event Elly Mac Photos is not available you will have to cancel your contract and incur the relevant cancellation fee or accept an alternative photographer to cover your event.

15 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. The photographer takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and professional grade backup equipment, however in the unlikely even of the photographs being lost, stolen or destroyed for reasons within or beyond the photographers control, the liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.

16 Photograph Collection: Photographs will generally be available within 12 weeks (average is 2 – 4 weeks)  of the date of your wedding depending on workload.

17: Album Collection: will generally be available 16 weeks of the date of that you advise of which photographs you would like in your album. Handcrafted albums and items may take longer.

18 Prints and products: must be ordered by you and your guests within 12 months of the wedding. After this time we can not guarantee being able to fulfill order and any order which we do fulfill will be subject to our then current price list.

19 Cooperation: The parties agree to positive cooperation and communication for the best possible results, the photographer is not responsible for key individuals failure to be present or to cooperate during photography sessions, neither for missed images due to details not being revealed to the photographer. Weddings should be happy and relaxed occasions but the cooperation of you and your guests is essential in ensuring that the photography goes smoothly, the best results are obtained.

20 You agree: to be responsible for any injury, loss or damage caused to our photographer or equipment caused by your guests.  Note:  This only applies if you want me to swing from a tree upside down taking photographs, if you do not want me to carry out any stunts whilst photographing, like climb on a roof or up a cliff face then this can be removed :-)

21 Complaints: Any complaints should be raised by the Client with the Photographer, in writing by way of registered mail, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images. In the event that a dispute arises, both parties agree to submit to mediation to be mutually approved or upon failing to agree, be approved by the Law Institute of England

22 Confidentiality:

The client agrees not to disclose any information of whatsoever nature relating to this agreement or the existence of this agreement, without the prior written consent of Elly Mac Photos to any third party and Elly Mac Photos agrees never to disclose your personal contact information to third parties without prior written consent.

23 Law:

The Law governing this agreement will be by the Law of England, United Kingdom. This contract has been freely negotiated and shall be recognized as the entirety of the agreement.

24 Number of digital Images:

Each package comes with a gallery that you can view the images from, the number of photographs taken varies and will be determined by The House of Elly Mac Photos however typically clients are able to view on average:

All day package: 400 – 500 images
Half day package 200 – 250 images
Less than 4 hours 100 – 150 image

If a disc of images is to be provided, they images will be optimised for social media but you can buy jpegs and discs of high resolution images.

25 Provision of meals

Its expected that for booking longer than 6 hours, a meal is to be provided for the photographer and if any in attendance, for the second shooter and assistant.  This must be arranged with the catering staff, if no meal is provided you will incur an additional fee of £60, the photographs will not be released until this is paid.

 

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