email: info@moonlight-photo.co.uk
TERMS AND CONDITIONS:
In the following conditions of contract “The Photographer(s)” shall mean Moonlight Photo Agency or any photographers appointed by Moonlight Photo Agency. “The Client(s)” shall be those whose name appears on the contract. The due performance of the contract is subject to the conditions below and they cannot be varied in any way by The Client(s) unless such conditions are expressly agreed by The Photographer(s) in writing.
1. Copyright: The 1988 Copyright Act assigns the copyright of the photographs to The Photographer(s). It is therefore contrary to the Act, and illegal, to copy photographs, or allow to be copied, by any means photographic or otherwise, by any person or machine other than by The Photographer(s) or their appointed agents.
Wedding clients are provided with a DVD with photos in high resolution for their personal use. Any other use, as promotion of a venue or people, will only be possible with the permission of Moonlight Photo Agency. The client is allowed to copy photos from the DVD provided just for personal use. More DVDs can be sold by Moonlight Photo Agency. The client is described as the person who buys the DVD, with similar faculties and restrictions applied to him/her.
Corporate: The photographer is hired for one event/ shoot and will provide the photos required. No other use of the photos is allowed in any other website or printed media than the one paid by the client. Any other use will be charged according to Moonlight Photo Agency rates. No personal use of the photos is allowed.
2. Display: The Client(s) hereby allow(s) The Photographer(s) to display any photograph covered by this contract and to generally promote Moonlight Photo Agency as a business in advertising, brochures, magazine articles and other such material, providing that the images used are used lawfully and without damage to The Client(s), unless the client states his will to remain anonimous.
3. Licence, Coverage and Reproduction:
The Photographer(s) shall be granted artistic licence in relation to the people photographed and the locations used. The Photographer(s) judgement regarding the location, poses shall be deemed correct unless previous agreement with the client about specific photos.
Photographs taken during the course of a booking will be at the discretion of the client according to requirements, any alteration that delays events will be under responsibility of the client.
The Photographer(s) shall endeavour to photograph all individuals as requested by The Client(s) at some point during the booking, but no responsibility will be taken by The Photographer(s) in the event of leaving somebody out.
Weddings: The Photographer(s) movements are sometimes restricted by the minister in charge. The area from which The Photographer(s) are able to cover the ceremony may not be The Photographer(s) choice and The Photographer(s) cannot accept responsibility for any obstructed view should this be the case.
The Photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the nature of the event, as a one off, some unforeseen moments might not be recorded.
Please note that any alterations made to the booking by The Client(s) once details have been confirmed may only be made in extreme circumstances. Moonlight Photo Agency will provide another photographer in any situation that the photographer is not able to cover the event.
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not necessarily be facsimile over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
Although all equipment is checked regularly The Photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
The Client(s) will be liable to pay any additional expenses incurred by The Photographer(s) during the booking not already included within the contract price.
4. Payments:
Wedding Client(s) – a non-refundable booking fee (paid by cash, bank deposit or cheque) along with a completed contract will confirm your booking. All additional goods are payable according to the contract.
Individual(s) – all photographic fees are payable in full on booking with a deposit to Moonlight Photo Agency account. All additional goods are payable on ordering.
Companies – Payments are made as a deposit to Moonlight Photo Agency bank account after presentation of invoice. Delays of more than three months will be charged with an interest of 10% over the final price.
5. Complaints: In the unlikely event of any complaint with regards to our service, all complaints must be received in writing within seven days of collection of products purchased.
6. Force Majeure:
The due performance of the contract is subject to alteration or cancellation by The Photographer(s) owing to any cause beyond their control (i.e. sudden illness/injury).
The Photographer(s) have other professional photographers who will be contacted by their staff (or family) in the event that they are not able to attend your booking.
In the event of cancellation by The Photographer(s) (although all attempts will be made to arrange for another photographer to be present, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable – The Photographer(s) will not be responsible for costs in order to stage such re-shoots), The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
7. Negatives or digital files:
The negatives and digital files (RAW files) shall remain the property of Moonlight Photo Agency and shall be kept by them for not less than 12 months from the contract date.
Should negatives or digital files be lost, damaged or destroyed for reasons beyond control The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
Moonlight Photo Agency reserves the right to provide free copies from their archives to the clients after three months of the service.
All orders should be placed with The Photographer(s) before the end of the 12 month period starting at the contract date. The Photographer(s) will not be liable for failure to produce any orders placed after this time.
8. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees (as may be appropriate to their case) will become due immediately upon said cancellation.
9. Placing an Order and Receipt of Goods:
Any alterations to orders must be notified either by telephone or in writing (sent by special delivery) within one working day of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by The Client after this time.
All wedding orders will take four to eight weeks to complete since the day of the wedding. The Client(s) will be informed by either telephone or in writing once the order is ready and available for collection.
10. The Photographer(s) are able to store completed orders for a maximum of two months and after this time any orders not collected may be destroyed.
The Photographer(s) must be notified either by telephone or e-mail within four working days of The Client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
10. Governing Law: Any contract made between The Photographer(s) and The Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
11. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
