Terms & Conditions
When engaging the services of a professional photographer it’s important that both the client and the photographer have a clear understanding of what their respective responsibilities are. The Terms and Conditions shown here give you an idea of what you can expect from me, and what I expect from my clients, so that I can give you the photographs that you deserve.
(a) During the Term of this contract, the Photographer shall perform services and deliver goods in line with those described in the “Overview of the Contract” ………………….(WHERE IS THIS OVERVIEW?)
The Copyright Designs and Patents Acts assign the copyright of the images to the photographer. It is agreed by both parties that the Client will also be assigned copyright of all images and the photographer agrees the client is able, but not limited, to copy, print and distribute the photographs in a public domain. The Photographer shall take any and all necessary measures and assist the Clients with any formalities needed for the registration of their copyrights.
The Clients allow the Photographer to display any photographs covered by this contract to promote the business in advertising, brochures, magazine articles, websites, sample albums and prints providing that the images used are used lawfully and without damage to the Client. If the clients do not want their images to be seen, they must advise in writing which images they would like to remain unseen.
4. Licences, Coverage and Reproduction
Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the Client’s requirements. It is possible that some of the requirements may not be met because of inclement weather, venue access rules or other external circumstances. The Photographer will communicate this to the best of her ability.
Photographs are made available for use on personal computer with Windows 7 being the default system.
Wedding bookings require a 40% retainer with the balance due one month before the wedding. Payment plans are available upon request.
Portraits should be paid for in full on the day.
Corporate photography will be invoiced and is to be paid within 30 days. Cheques should be made payable to Alix Marina-Chouhan. Bank transfers may be made to;
Account No.: 64968587
Sort Code: 09-01-35
Please email to confirm.
6. Cancellation Fees
If the Client cancels or postpones, a cancellation fee may be applied.
7. Unsatisfactory Performance of Services
Any complaints must be received in writing within thirty (30) days of receipt of products purchased.
The Photographer shall be liable for all costs and damages incurred by the Client due to any shortcomings by the Photographer in respect of this Agreement. If such shortcomings occur, and without prejudice to any other rights or remedies available under the applicable law or the Agreement, to obtain full compensation for the incurred costs and damages, the Clients shall be entitled, at their option, to:
(a) Require the Photographer to re-perform the Services, without any additional expense charged to the Client.
(b) Reimburse a fee which is commensurate with the specific shortcoming and its consequences.
The Photographer can provide the Client, on or before the execution of this Agreement, with a certificate from its qualified and licensed insurer certifying that the Photographer has the insurance coverage appropriate to the performance of the services under this agreement.
9. Force Majeure
Should the photographer have to cancel due to any cause beyond their reasonable control, the photographer’s liability will be limited to a full refund of any fees and travel expenses paid.
In this event, Alix Marina-Chouhan (photographer) will contact a replacement photographers. If a replacement is found at a higher cost, the client will have the right to reject the offer to use the replacement and the photographer will be liable for a full refund to the client.
If required, an online gallery will be made available within 2 weeks of the photoshoot and maintained online for 6 months
Photos will be emailed to you, copied to a Dropbox or similar cloud-based account or copied onto a CD within one week of the photoshoot. For urgent work, an additional fee may be charged.
Albums can take up to 8 weeks to get printed depending on the time of year, generally it takes less time.
All albums, frames etc must be paid for in full at the time of ordering.
The album price includes the design and up to 2 sets of changes from proofs.
All albums may only contain Lumiere Photography’s photographs.
11. Post Processing
Professional post-processing will be applied to all photos including cropping, colour correction and small alterations. I upload the photos first so you can request Black and White or sepia copies, or small alterations. Further alterations or more time consuming alterations may be chargeable. I reserve the right to decline some alteration work if it is against my ethics or artistic judgement.
(a) This is a personal service agreement; accordingly, the Photographer shall not have any right to assign its rights and/or obligations under this Agreement without the Client’s prior written approval. Any attempted assignment without such approval shall be void. This Agreement and all of the terms and provisions hereof will be binding upon, and will inure to the benefit of, the parties hereto, and their respective successors and approved assigns.
(b) This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements in regard thereto.
(c) This Agreement cannot be altered or modified except by an agreement in writing specifically referring to this Agreement and signed by the Clients and Photographer.
(d) The rights and remedies set forth herein are intended to be cumulative, and the exercise of any one right or remedy by either party shall not preclude or waive its exercise of any other rights or remedies hereunder or pursuant to law or equity.
(e) If any part of this Agreement is held to be invalid for any reason, the remaining portion shall remain in full force and effect.
(f) This Agreement is made in the United Kingdom and all matters arising hereunder or relating hereto shall be governed by the substantive provisions of the laws of England and Wales. The parties agree that any legal action or proceeding with respect to this Agreement or any document related hereto shall be brought in the courts of the United Kingdom.
Additional Specific Terms and Conditions for Weddings
• Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the Client’s requirements. It is possible that some moment might not be recorded or some individual might be left out.
• The photographer’s movements are sometimes restricted by the official in charge of the Church or the venue. Clients are strongly advised to check for any restrictions with the appropriate official prior to the wedding day.
• A free engagement shoot is included for bookings over 10 hours for the client to relax in front of the camera and to get acquainted with Alix Marina-Chouhan (photographer) in order to get the best possible photographs at the wedding. If it is not taken up, no credit will be due.
• The client agrees that no other contracted photographer will be present throughout the wedding day.
• Guests must wait until the appointed photographer has taken the formal shots before taking theirs as they might jeopardise the quality of the shots.
• The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing specific people if there is no one to assist in identifying or gathering people for the photograph(s).
• Timings : For single and couple shots, the bride and/or groom are advised to set aside around 15 minutes before the commencement of the wedding ceremony and around 30 minutes at some point during the day, preferably during day light, plus time for group photographs if desired. Not allowing time for bride/ groom and couple shots will mean not getting these photographs so it is advisable to plan this time carefully.
* Post-processing: I try to make sure everyone has their eyes open in group shots but can’t always achieve that. Despite Photoshop’s amazing possibilities it is not always possible for me to remove things or people, etc.
• Meals and refreshments: food and drink should be made available to the photographer during the day. Alix is happy to eat with the guests and be in situ to take more photos.
• Weddings can run a bit late so Alix will stay up to a maximum of 15 minutes with no extra charge but any additional time after that will be chargeable at the agreed rate.