Terms and Conditions

In the following Terms and Conditions:
“Business” shall mean Fiona Millington Photography

“Client(s)” shall mean “You” the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Fiona Millington Photography.
“Products” shall mean any discs, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Booking Fee

A non-refundable booking fee of £99 as well as full acceptance of the terms and conditions as published on the photographer's website secures the time and services of the Photographer for the session and is nonrefundable 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.

The Photographer, Fiona Millington Photography (hereby known as the photographer) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.

The client acknowledges that the Booking Fee is non-refundable or transferable in the event of the Client not showing up to the session without any communication with the photographer.

At the discretion of the photographer, the booking fee may be carried over to another date, providing the client gives adequate notice, ie more than 24 hours notice.

Payments

Fiona Millington Photography will be in contact with you approximately [2-3] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary. Any remaining balance is to be paid by that meeting date.

All payments must be received in cleared funds prior to the Event.

Following payment of the Booking Fee, the balance of fees due is to be paid as follows:

on or before the date of the booking

Failure to make payment by the dates stipulated may result in cancellation.

Bank Transfer (BACS) payments may be accepted by prior arrangement. Paypal payments are not accepted.Card transactions after the booking fee carry a 2% charge.

Late payments or returned cheques will attract an administration charge of £10.00.

No photographs, USBs or online galleries will be delivered until all payments have been received in full in cleared funds.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

Prices

Prices are subject to change at any time but will be fair to the client and the client will always be charged the amount quoted at the time of booking.

Payment plans

Payment plans may be allowed at the discretion of the photographer. Where payment plans are agreed, a contract will be drawn up between the client and photographer. A min amount payable per week will apply. No products will be given until whole amount is paid in full. No monies paid into a payment plan will be refunded at any point during the agreement.

Collection of products

If possible products can be sent via post or courier. The photographer reserves the right to charge for these services and will charge appropriately. The photographer may also choose the method of postage as she sees fit.

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. 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. providing that the images are used lawfully and without damage to the Client. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The photographer agrees not to resell any image to a third party other than with prior written consent.

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 on film or digitally the exact colour as seen by the human eye. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. 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 print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and may be subject to slight variation. Whilst every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.

Where images are made available for use on USBS, reasonable steps are taken to ensure compatibility.

Only quality branded USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.

Image and Reproduction

Only quality branded USBs are used. All orders are subject to quality control before you are contacted to collect or disks/ usb’s are sent out. The client must check over their order in studio on collection. By leaving with your items you are agreeing they are in satisfactory condition.

Any printing errors that somehow were not noticed must be brought to the photographers attention within 48hrs and returned to the studio for inspection. Other damage/loss at this point will not be seen as my responsibility.

It is the clients responsibility to back up the disk/ usb containing images from their session. The disk/ usb is not intended as permanent storage and this should be done as soon as it is collected/ received. you may make as many copies as you wish. any fault with the disk/ usb, should be reported to the photographer within 48 hours.

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.

Products

In the event a product is no longer available a suitable alternative of similar quality will be offered. The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

Ownership

Any digital files shall remain the sole property of the Photographer(s) at all times.

All completed products shall remain the property of the Photographer(s) until full payment is received.

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 license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of photographs taken and /or given to the customer shall be deemed correct and not subject to dispute.

For Events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.

Whilst the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.

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 session 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.

Cancellation

Where the Photographer(s) has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-

Notice received 365 days prior to the wedding date or more: Booking Fee only.

Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable.

Notice received of 182 days or less: 100% of the agreed balance will be payable.

Limitation of Liability

The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any 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.

Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint.

Notices

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

Governing Law

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