1. 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 photographer/s 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.
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 photographically the exact colour as seen by the human eye.
The photographer 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
Purchased digital files remain the copyright property of the photographer. The photographer allows the client to store/copy/print all images for personal use only, subject to no commercial or financial gain.
The photographer/s 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 the photographer will do his best to produce more images than discussed with the client, there is no guarantee that any particular 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/mechanical means ie disc, USB or similar. It should be noted that you are strongly advised to immediatelly copy/backup your wedding photographs from this divice/disc to a suitable computer/storage device. Digital media has a limited lifespan therefor the original transport device cannot be guaranteed indefinitelly. Also, please note that Pixies in the Cellar are under no obligation keep copies of your images once released.
The client hereby allows the photographer/s to display any images included in this contract in their studios, portfolios, literature, wedding, exhibitions and advertising. No use of the images will be made by the photographer/s 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 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 this contract only. Neither party shall be liable for indirect or consequential loss.
Any complaints should be raised by the client with the photographer/s, 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.