ENTIRE AGREEMENT: This agreement contains the entire understanding between LUKE HASSALL PHOTOGRAPHY LTD and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both LUKE HASSALL PHOTOGRAPHY LTD and THE CLIENT, in writing. 1. INITIAL PAYMENT: Upon completion and sending the document, LUKE HASSALL PHOTOGRAPHY LTD will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, an initial payment of £100 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted wedding photography package. 2. BALANCE: THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due four weeks prior to the wedding date. Payment for albums or additional album photographs, prints & frames is made after the wedding at the time of ordering. 3a. CREATIVE LICENCE: LUKE HASSALL PHOTOGRAPHY LTD shall be granted creative and artistic license in relation to the choice of locations and poses used. Judgement on photographic style and the number of photographs taken shall be deemed correct. Due to changes of the weather and the availability and willingness of subjects LUKE HASSALL PHOTOGRAPHY LTD will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. On its own behalf, and on behalf of the subject, THE CLIENT acknowledges that they are familiar with LUKE HASSALL PHOTOGRAPHY LTD’s portfolio and are requesting services with knowledge of LUKE HASSALL PHOTOGRAPHY LTD's style; that LUKE HASSALL PHOTOGRAPHY LTD's work is constantly evolving; that LUKE HASSALL PHOTOGRAPHY LTD’s services are of unique and artistic nature; that the photos may be different from photographs taken by LUKE HASSALL PHOTOGRAPHY LTD in the past; and that in creating the photos, LUKE HASSALL PHOTOGRAPHY LTD shall use his personal artistic judgment to create images consistent with his personal vision of the event. 3b. EDITING: LUKE HASSALL PHOTOGRAPHY LTD will provide a pleasing colour balance and enhance the images as he see's fit, 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/digital media the exact colour of materials as seen by the human eye. 3c. ADDITIONAL EDITING: Any additional editing and/or retouching outside of the editing terms detailed in 3b will be subject to an hourly rate of £40 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, removal of objects from a scene, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements. 3d. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. LUKE HASSALL PHOTOGRAPHY LTD is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to LUKE HASSALL PHOTOGRAPHY LTD. 4. HOUSE RULES: The guidelines of the ceremony official and the reception site management limit LUKE HASSALL PHOTOGRAPHY LTD. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility; LUKE HASSALL PHOTOGRAPHY LTD will offer technical recommendations only. 5. EXCLUSIVITY: LUKE HASSALL PHOTOGRAPHY LTD shall be the sole professional (still) photographer(s) at the venues specified. We do however positively encourage family, friends, and other guests to take photographs throughout the day. 6. COPYRIGHT LAW: The copyright of photographs remains with LUKE HASSALL PHOTOGRAPHY LTD. LUKE HASSALL PHOTOGRAPHY LTD grants THE CLIENT permission to make copies and prints of the images under the following conditions. The images taken by LUKE HASSALL PHOTOGRAPHY LTD are for personal use by THE CLIENT and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from LUKE HASSALL PHOTOGRAPHY LTD. THE CLIENT must obtain written permission from, and compensate LUKE HASSALL PHOTOGRAPHY LTD prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit. 7. MODEL RELEASE: THE CLIENT hereby grants LUKE HASSALL PHOTOGRAPHY LTD the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by LUKE HASSALL PHOTOGRAPHY LTD and considered standard by the wedding industry. 8. FORCE MAJEURE: LUKE HASSALL PHOTOGRAPHY LTD makes every effort to produce the highest quality photographs possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of total photographic failure, injury or sickness beyond LUKE HASSALL PHOTOGRAPHY LTD’s control, liability shall be limited to a full refund of all monies paid, including the retainer. The limit of liability shall not exceed the contract price stated herein. 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. Your statutory rights are not affected. LUKE HASSALL PHOTOGRAPHY LTD has full Public Liability, and Professional Indemnity Insurance. 9. PHOTOGRAPHERS CANCELLATION: In the unlikely event that LUKE HASSALL PHOTOGRAPHY LTD has to cancel this contract for reasons beyond his control, (death, injury, sickness, or other circumstances beyond the control of the photographer etc.) a substitute photographer of high qualifications, similar skill, style, pricing, and product offerings may be sent to fulfill the obligations of the photographer herein contracted. If a substitute photographer is provided, THE CLIENT has the right to refuse to accept the substitute photographer and may instead terminate this agreement and receive a full refund of all monies paid. 10. CLIENT CANCELLATION: As compensation for loss of income for LUKE HASSALL PHOTOGRAPHY LTD, the following charges apply as a percentage of the total fee due. (Number of days before the wedding): 0-30 days = 100%, 31-60 days = 75%, 61-90 days = 50%, 90-120 days = 25%, 121+ days = 0% If you, THE CLIENT, cancel your contracted wedding photography services with LUKE HASSALL PHOTOGRAPHY LTD, your deposit is refundable provided LUKE HASSALL PHOTOGRAPHY LTD has not turned away any other weddings for your wedding date. If LUKE HASSALL PHOTOGRAPHY LTD has forfeited income by denying service to another couple whose wedding date is the same as the clients, the deposit that THE CLIENT has paid will be non-refundable. Should the cancelled wedding turn out to be a postponement, then, subject to availability, all money paid may be applied to the new wedding. In this case, the total fees chargeable shall be the fee which applies at that time. In the event of LUKE HASSALL PHOTOGRAPHY LTD taking another wedding booking for your cancelled or postponed date a full unconditional refund of your deposit and monies paid shall be made. 11. COMPLETION SCHEDULE: Digital processing takes approximately 2 weeks for engagement sessions and 4-6 weeks for weddings. When LUKE HASSALL PHOTOGRAPHY LTD is finished processing the client’s photos, they will be uploaded to an online gallery and/or delivered to THE CLIENT according to the specifics of THE CLIENT’s purchased photography package. 12. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the client and LUKE HASSALL PHOTOGRAPHY LTD at the time of acceptance of this contract shall be recognized as amendments to this contract. 13. COMPLAINTS PROCEDURE: Please address any complaints to LUKE HASSALL PHOTOGRAPHY LTD either by E-mail (lukehassallphotography@outlook.com) or in writing to Luke Hassall Photography, Llechdara Uchaf, Llanaelhaearn,Caernarfon, LL54 5BH.
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