Terms & Conditions
In these terms and conditions, “the photographer” means Jordan Fox trading as Jordan Fox Photography. “The client(s)” means the couple named in a wedding booking, or the named client in a family or engagement session booking. It is agreed that these terms set out the total agreement between the parties, and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking and payment
A non-refundable booking fee of 25% of the total package price is taken at the time of booking. This, together with full acceptance of these terms and conditions, secures the time and services of the photographer for the booking. The booking fee is deducted from the client’s final balance. Payment in full of the remaining balance is due two calendar months before the wedding day, or one calendar month before a family or engagement session.
Your right to cancel (distance bookings)
Where this contract is entered into remotely, for example by email, phone or website, rather than in person, the client has the right to cancel within 14 days of booking under the Consumer Contracts Regulations 2013. Because the photographer reserves the client’s specific date immediately on booking, the client agrees that the service begins at once, and that if they cancel after the booking fee is paid the fee is non-refundable as set out above.
Late payment
If the final balance remains unpaid by its due date, the photographer will send a written reminder. If it remains unpaid seven days after the due date, the photographer may treat the booking as cancelled by the client, and the cancellation terms below will apply.
Arrangements
The details of the wedding or session arrangements are to be agreed beforehand in writing (email is acceptable). The client shall notify the photographer of any changes to these details in writing. The photographer cannot be held liable for delays or disruption to the service until any changes are received and acknowledged in writing.
Cancellation by the client
The client may cancel this contract at any time by giving written notice to the photographer. As the photographer turns away other bookings for the reserved date, the client will be liable to pay a cancellation charge based on when written notice is received:
- More than 9 months before the date: the booking fee only
- 6 to 9 months before the date: 50% of the total package price
- 3 to 6 months before the date: 75% of the total package price
- Fewer than 3 months before the date: 100% of the total package price
The booking fee is non-refundable in every case.
Display
The client(s) allow the photographer to display any photograph covered by this contract, and to promote the business generally, in advertising, brochures, magazine articles, websites, social media, sample albums and similar. A client who wishes to opt out of public display should notify the photographer in writing before the booking date.
Images
The photographer 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 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 her choice, and she cannot accept responsibility for any obstructed view should this be the case.
Delivery of images
Edited images are delivered through an online gallery within six to eight weeks of the wedding or session. The gallery remains available for download for twelve months from the date of delivery, after which the client is responsible for keeping their own copies. The photographer keeps backup files for twelve months and gives no guarantee of storage beyond that period.
Retouching
All images will be adjusted for exposure, brightness, contrast, sharpness and similar. The photographer’s judgement regarding these corrections, and the number of images put forward to the client for preview, shall be deemed correct.
Copyright
The Copyright, Designs and Patents Act 1988 assigns 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, Designs and Patents 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. The client is granted a personal licence to reproduce the delivered images for their own private, non-commercial use.
Licence
The photographer shall be granted artistic licence 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 deemed correct. Due to the vagaries of the weather and the willingness of subjects, it may not be possible to capture all the images requested.
Force majeure
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their reasonable 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. Where the photographer is prevented from attending by circumstances beyond her control, she will first seek to agree an alternative date with the client. Where no alternative date can be agreed, any fees paid for services not delivered will be refunded, and the photographer’s liability is limited as set out below.
Attendance
In the unlikely event of the photographer being unable to attend due to unforeseen circumstances, she reserves the right to appoint another photographer to attend on her behalf, to undertake the photography to the best of their ability.
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.
Personal accident
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at those persons’ own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
Data protection
The photographer will hold the client’s personal details, including contact information and booking details, solely for the purpose of fulfilling this contract, and will process and store that data in accordance with UK data protection law. Details will not be shared with third parties except where necessary to deliver the service, and will not be used for marketing without the client’s consent. Full details are set out in the photographer’s Privacy Policy.
Governing law
This agreement shall be governed in accordance with the laws of England and Wales.
If you have any questions about these terms, please get in touch.