1. Booking Details
It is agreed that the terms set out on the 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.
2. Special Requests/Coverage
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 Pixies in the Cellar in writing.
Album prices are a general guide only and subject to manufacturing and material cost variations which Pixies in the Cellar have no control over. Where an album is included in the agreed package price, the photographer’s reserves the right to change this album subject to market availability, to another album of equal value.
Pixies in the Cellar 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 photographically the exact colour as seen by the human eye.
Pixies in the Cellar will (as a minimum) perform a standard amount of retouching to take the photographs to a quality which he considers to be appropriate.
6. Copyright and Digital Files
Supplied digital files remain the copyright property of the photographer. Pixies in the Cellar allows the client to store/share/copy/print all images for personal/friends/family use only, subject to no commercial or financial gain.
Pixies in the Cellar shall be granted complete artistic License including in relation to the poses photographed and the locations used. The photographer(s)’ judgement 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.
8. 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.
9. Number of Images
Although Pixies in the Cellar will do their best to produce more images than discussed with the client, there is no guarantee that any number of images will be produced. All images captured are primarily for creating a wedding album. All images presented to the client are FINAL SELECTION, any other images will not have passed our quality control and therefor will not be processed or released to the client – EMPHASIS SHOULD BE LAID ON THIS POINT.
Images will be supplied via digital means as download files. It should be noted that you are strongly advised to immediately copy/backup your wedding photographs from this download to a suitable computer/storage device. Digital media has a limited lifespan therefor any storage device cannot be guaranteed indefinitely. Also, please note that Pixies in the Cellar are under no obligation to keep copies of your images once released.
The client hereby allows the Pixies in the Cellar to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions and direct/indirect advertising. No use of the images will be made by Pixies in the Cellar for other commercial reason except with the written permission of the client.
The client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any monies paid.
13. Limitation of Liability
In the unlikely event that Pixies in the Cellar 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 Pixies in the Cellar, then we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted event.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Pixies in the Cellar’s control, including but not limited to camera, hard drive, or equipment malfunction, Pixies in the Cellar’s liability is limited to the return of all payments received for the contracted event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Pixies in the Cellar 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. Neither party shall be liable for indirect or consequential loss.
Any complaints should be raised by the client with Pixies in the Cellar, in writing, 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.