TERMS & CONDITIONS

Terms & Conditions

Definitions:

 “Business” shall mean Elizabeth Keates Photography, Elizabeth Keates Photography and videography, also Keates Photography London

 “Client(s)” shall mean “You” the Parties in the Contract

“Event” shall mean the Event title inserted into the Contract

“Photographer(s) and or Videographer(s)” shall mean Elizabeth Keates Photography & videography and also Keates Photography London.

“Products” shall mean any USB’s, video’s, photographs, discs, albums or other produced items listed in the Contract

 “Services” shall mean photography (and or) videography to be carried out at the event and any other services agreed between the Client(s) and the Photographer / videographer and set out in the contract

It is agreed that the following terms and the contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.  Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

£500 or 25% Booking Fee 

The booking fee is 25% of the quoted price or £500, the highest is required.

The Photographer(s) and or videographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.  If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.

The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.  

Payments

Elizabeth Keates Photography & videography will be in contact with you approximately [3-4] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary.  Any remaining balance is to be paid in advance of that meeting date. All payments must be received in cleared funds prior to the Event. 

Following payment of the Booking Fee, the balance of fees due is to be paid as follows:

  • 25% or £500.00 none refundable booking fee is due on booking prior to the event date;
  • The remaining balance is due 14 days prior to the event date. 
  • Payment for any additional images or products must be made at the time of order.

Failure to make payment by the dates stipulated may result in cancellation.

All cheques should be made payable to Elizabeth Keates Photography. Bank Transfer (BACS) payments may be made to HSBC : Elizabeth Keates Photography, sort code 40 -24 -20, account number: 21733001.

Late payments or returned cheques will attract an administration charge of £10.00.

No photographs, films or albums will be delivered until all payments have been received in full in cleared funds. 

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.  

License and Coverage: 

The Photographer(s) and or videographer(s) shall be granted artistic license in relation to the poses photographed and the locations used.  Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute. 

For Events involving a church ceremony or at certain other venues, the Photographer(s) and or videographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) and or videographer(s) cannot accept responsibility for limited coverage in such circumstances.

Whilst the Photographer(s) and or videographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) and or videographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and or videographer(s) and should be agreed in writing. Where the Photographer(s) and or videographer(s)is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) and or videographer(s)is not liable to compensate the Client(s) in any way whatsoever. 

Use and Display of  films & Images

The Clients hereby allow the Photographer(s) and or videographer(s) to display any images and or film clips relating to the contract and to generally promote the business in the Photographer(s) and or videographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract you consent to the use of such images.  Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer(s) and or videographer(s) agrees not to resell any image to a third party other than with prior written consent.

No re-editing or any other changes shall be permitted or carried out by the client after receipt of products. This includes adjusting the product with Instagram filters, colour changes, cropping or photographic manipulation. 

Once the products have been sent to the client no re-editing may occur by any other person, company or publication. Any changes to the product must be carried out by Elizabeth Keates Photography at the charge of £35 per edit in photography or £35.00 per hour for film. 

Image and Reproduction

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and or videographer(s) and may be subject to slight variation.  Whilst every effort will be made, the Photographer(s) and or videographer(s) cannot guarantee exact colour matching and can not be held responsible for any colour variations which may occur due to light and location variations. 

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.

Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but the Client acknowledges that discs may not play on all CD/DVD players and computers.

Only quality branded USB’s, CD’s and DVD’s are used and each is checked prior to delivery.  However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer(s) and or videographer(s)cannot be held responsible for damage to equipment resulting from defective media. 

On receipt of the product the client is requested to make a back-up copy. We advise a duplicate backup. Once the products have been released to the client the company will no longer be responsible for the storage of the clients product. 

Retouching

Your package will include edited and print ready images. Should you require any further digital manipulation in Photoshop, there will be an additional charge of £35 per image.

Your film package will include one re-edit session with unlimited changes. Following from that one re-edit session any further changes will be made and charged at £35 per hour until the job is completed.

Re-orders 

All re-orders shall be treated as an extension of the contract and no responsibility for any error will be accepted unless orders are provided in writing.

Products

In the event a product (such as an album, USB or software package) is no longer available a suitable alternative of similar quality will be offered.  The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

Ownership

Any negatives and/or digital files shall remain the sole property of the Photographer(s) and or videographer(s) at all times.  No RAW footage will be released unless first agreed in writing and at the point of booking. The additional fee for the RAW footage is £3,000 for the photography and £4,000 for the videography this fee must be paid in full at the point of booking. 

All completed albums and products shall remain the property of the Photographer(s) and or videographer(s) until full payment is received.

Copyright 

Any films, 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 and Design Act 1988 and remain the copyright of The Photographer(s) and or videographer(s)at all times unless there is express written agreement to the contrary.  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 written permission of the Photographer(s).

Substitution

In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Elizabeth Keates Photography (and or) videography reserves the right to appoint another suitable Photographer(s) and or videographer(s)to attend the event on our behalf to undertake the photography (and or) videography to his/her best ability.

Insurance & Limitation of Liability

The Photographer(s) and or videographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any indirect or consequential loss.

Force Majeure 

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.  A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, illness, injury, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.  For the avoidance of doubt, it does not include circumstances where the Photographer(s) and or videographer(s)attend an Event to perform the Services and any of the Parties fail to attend.

Cancellation

Where the Photographer(s) and or videographer(s)has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s).

Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) and or videographer(s)will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s).  In such circumstances, the Client will be liable to pay the Photographer(s) and or videographer(s)the following sums-

  • Notice received 365 days prior to the wedding date or more: Booking Fee only.
  • Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable. 
  • Notice received of 182 days or less: 100% of the agreed balance will be payable. 

Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000 and the date of cancellation will be deemed to be the date the Photographer(s) and or videographer(s)receives written Notice of Cancellation, as confirmed by the Photographer.

Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) and or videographer(s)will retain any fees paid and confirm the new event date, time and services to the client.

Conduct & Safety

The Photographer and or videographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography (and or) videography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted.

Polite Request

That the photographer(s) and or videographer(s)is/are provided with a hot meal when working on location.

VAT

All prices quoted are subject to V.A.T at the prevailing rate (if applicable).

Complaints 

All complaints should be raised by the Client directly to the Photographer and or videographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer and or videographer will consider the complaint and shall provide a response to the Client within 28 days of receipt of the Complaint.  In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Notices

Any notice relating to this contract should be in writing and sent by recorded delivery to the address 21 Bradway, Whitwell, Hitchin, SG4 8BE.

Governing law and jurisdiction

The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. 

It is understood that Elizabeth Keates Photography & Videography is the exclusive videographer and photographer retained by the client to cover outlined event. Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client. 

  • Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Elizabeth Keates Photography & Videography each event, public or private event. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions.

Elizabeth Keates Photography & Videography is not responsible for poor audio if the client does not make proper and correct use of the supplied sound equipment, boom microphone, riffle microphone, lapel microphone, etc.  Dark or grainy video resulting from inadequate lighting or the refusal of the client to allow camera-top lighting at the location, or electrical or mechanical malfunctions on location that are beyond our control. 

Elizabeth Keates Photography & Videography will establish an arrival time for the event date with the client prior to that date and remain on duty for the number of hours included in the package.  Coverage hours included in the package are for the event / booking  date only and must be consecutive. 

Artistic Style. On its own behalf and on behalf of the subject: 

Client acknowledges that he/she is familiar with the Elizabeth Keates Photography & Videography’s portfolio and is requesting services with knowledge of the company’s style and that Elizabeth Keates Photography & Videography’s work is constantly evolving; that the Elizabeth Keates Photography & Videography’s services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment and consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria. The client has one re-edit session included, further edits are charged at £35.00 per hour.

The client understands that the photographer and or videographer may choose to use a low aperture F-Stop during the shoot this will add a definition to the subject separating them from the back-ground. Should you not wish this please make it know in writing before the event.

Should the client, a party member or event itself be running late the client understands that the photographer and videographer may not be able to capture all the elements of the event as previously planned. 

Terms as set out by Towergate Insurance:

  1. It is agreed that the terms set out in this 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. 

  1. Any special requests not notified on this booking form must be made by the client to the photographer/s in writing. 
  2. The Photographer
    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). 
  3. Images 

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. 

  1. Licence 

The videographer / photographer/s shall be granted complete artistic licence 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. 

  1. Previews 

Although the photographer will do his best to produce more proofs/preview prints than set out in the brochure/as discussed with the client, there is no guarantee that any particular number of proofs/preview prints will be produced. 

Display

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. 

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.

I have read this booking form and agree to abide by the terms of agreement set out in it. I understand that the terms of this agreement cannot be changed unless agreed by both parties in writing. 

Receipt of the booking fee is confirmation that the above conditions are agreed between both parties.