The Small Print
Terms & Conditions of Business
1. Andrew Collier Photography is a trading name of Andrew Collier Photography Limited and all and any references to Andrew Collier Photography in these terms and conditions shall be in that context. Andrew Collier Photography Limited is registered in England, number 7475489. Registered office; 19 Grove Avenue, Lymm, Cheshire WA13 0HF.
2. The acceptance of any booking as outlined in the Photography Agreement, once completed, is based on agreement by the client of Andrew Collier Photography’s standard terms and conditions as stated below and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
3. All photographic materials, including but not limited to digital negatives, digital and physical proofs, and previews, shall be the exclusive property of Andrew Collier Photography.
4. The price of the portrait or wedding package is guaranteed at the time of booking. All reprints, enlargements and extras not included in the package will be at the price current at the time of ordering.
5. For weddings an initial payment of £500 (or as otherwise agreed) is required to be paid at the time of booking. For portrait photography the full session fee is required to be settled at the time of booking.
6. For weddings the balance outstanding on the basic wedding price will be paid TWO MONTHS prior to the date of the wedding.
7. The client may cancel this contract at any time by giving written notice to Andrew Collier Photography but in doing so shall forfeit any monies paid. Should cancellation be received by Andrew Collier Photography less than 16 weeks prior to the date of the ceremony, the client shall in addition pay a sum equal to 50% of the contract value. This said sum shall be payable as compensation as an estimate of the loss Andrew Collier Photography would suffer.
8. Colour photography is undertaken within the technical limitations of the process and certain colours may not necessarily be facsimile over the whole range of colours within a subject. Prints made at different times may be variable in colour balance. Please note that some fabrics such as two-tone taffeta/satin react differently in some lighting conditions and can cause the colour of the dresses and fabrics to change, giving incorrect colour beyond the photographer’s control – please discuss with the photographer if you are in any doubt, as Andrew Collier Photography cannot be held responsible for the natural colour deviation which may occur. All image sizes are nominal. 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 on film the exact colour as seen by the human eye.
9. The Client is aware that colour dyes and inks used in photography may fade or discolour over time due to the inherent qualities of dyes and inks, and the Client releases Andrew Collier Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. Andrew Collier Photography however promises to use all reasonable endeavours to minimise the possibilities of fading or discolouration over time,including the use of proven, reliable techniques and high quality photographic materials.
10. Andrew Collier Photography shall exercise all reasonable skill, care and diligence in the discharge of their duties. It is understood, however, that in the event of any unforeseen exceptional circumstances outside the control of the photographer causing loss of photographic record, Andrew Collier Photography will only be responsible for the return of all monies paid to date, although every effort will be made to retake the photographs.
11 On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
12 Retouching, digital manipulation and artist finishing is available to the client as an optional extra and cannot be assumed to be included as standard.
13. It is understood that the copyright of all and any photographs belongs to Andrew Collier Photography. Any images or copies of images whether stored digitally or otherwise and any computer program including source or object code, computer files or printed documentation relating to such images are protected by Copyright, Design & 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/s in writing. Any breaking of seals in the viewing of the album will presume a breach of copyright. No photographs may be copied or reproduced by any means photographic, digitally or otherwise without written permission. Andrew Collier Photography shall only make reproductions for the Client, their friends and family, or for Andrew Collier Photography’s portfolio, samples, self-promotions, company documents and website, blog, entry in photographic contests, art exhibitions, events, marketing or editorial use. Andrew Collier Photography shall not use the images for other purposes without first obtaining the written permission of the Client.
14. Digital images provided to the Client will be provided with with a licence to reproduce granting unlimited printing release to the client. This release grants the client permission for printing only and does not include rights of sale. Where clients are supplied digital images on DVD, CD, memory stick, file transfer or other digital or online means the client is responsible for making backup copies and for keeping them safe and they are advised to keep at least one backup copy in a different location to the master copies. Whilst Andrew Collier Photography may keep digital files for a reasonable time after a project has been completed it reserves the right to dispose of files once a project has been completed and digital files have been supplied to the client. Andrew Collier Photography cannot guarantee to store digital files indefinitely.
15. Andrew Collier Photography may agree by prior arrangement to accept pre-payment in instalments
PROVIDED it is understood that the money is non refundable in the event of a cancellation, although the amount paid can be used as credit against further photographic services offered by Andrew Collier Photography.
16. For weddings, unless otherwise agreed in writing, Andrew Collier Photography shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere with the Photographer.
17. For weddings Andrew Collier Photography will always endeavour to photograph any pre-agreed shoot list, however it is understood that it is not always possible to photograph every guest or every detail at a wedding. Furthermore, due to the fluid nature of a wedding day Andrew Collier Photography cannot be held responsible if it is not possible to photograph the shoot list in its entirety due to time constraints, unforeseen circumstances or the unwillingness of people to be photographed. 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 this booking form must be made by the client to Andrew Collier Photography in writing. For portrait and all other types of photography, Andrew Collier Photography will always endeavour to photograph any pre-agreed shoot list, however it is understood that it is not always possible to photograph every person or every detail at a portrait session or event. Furthermore, due to the fluid nature of photography sessions Andrew Collier Photography cannot be held responsible if it is not possible to photograph the shoot list in its entirety due to time constraints or unforeseen circumstances. Andrew Collier Photography 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 unwillingness of the subjects it may not be possible to capture all the images requested.
18. In the unlikely event of photographic failure or cancellation of the 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 losses.
19. Any complaints should be raised by the client with the Andrew Collier Photography, 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.