GENERAL PHOTOGRAPHY & VIDEOGRAPHY TERMS & Conditions

It is agreed that the following terms set out 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 or via email.


Booking Fee
The booking fee of £800 is to be made by BACS online bank transfer (preferred), or a cheque made payable to Amy Chapple, and secures the date, time and services of the Photographer(s) and Videographer(s) for the wedding and is non-refundable or transferable in the event of cancellation (see cancellation section).


Payments
Following payment of the booking fee, the remaining balance (minus the booking fee) is due by 14 days before your wedding day. No video footage, photographs, albums, USB memory stick or other products will be delivered until all payments due have been paid in full. Payment for reprints, albums or other additions are to be made in full at the time of ordering.
Payment for additional attendance hours (part or whole at £300 per hour for both the Photographer and Videographer) where agreed, but which may not be known accurately at the time of contract signing, must be made within 14 days after the wedding date.


All payments are to be made to:

Amy Chapple
Starling Bank   
Sort Code: 60-83-71  Account: 60771745


Prices
All prices are as at the time of signing the contract, but in the event that changes arise that are outside the Photographer(s) and Videographer(s) control, for instance but not exclusively, the costs of prints, additions, travel and accommodation, then we will inform the Client of such at our earliest convenience.


Photographer(s)
The Principal Photographer will be Amy Chapple. If your packages include a second photographer, or if you would like to book a second photographer, this person will be chosen by Amy Chapple. They will be the ONLY stills Photographers allowed to attend for financial gain.

Videographer(s)
The Principal Videographer will be Nicholas Rueth. If your packages include a second videographer, or if you would like to book a second videographer, this person will be chosen by Nicholas Rueth. They will be the ONLY Videographers allowed to attend for financial gain.


Creative Licence
The Photographer and Videographer shall be granted artistic licence in relation to the poses photographed, video and the locations used. The style and the number of photographs/minutes of footage are dependent on the weather and the availability and willingness of the clients and their guests. The Photographer and Videographer will make their best effort to honour requested photographs or video footage but do not undertake any guarantee for any specific picture or film, nor incorporate any specific background, location or group arrangement. The Photographer and Videographer shall also be granted artistic licence in relation to the final edit of all photos and video.


Communications 
Any formal and binding agreements must be communicated via email at hello@sundaylove.co.uk. No terms or requests will be binding if communicated via social media. 

Model Release
The Client hereby assigns ‘Sunday Love’ the unrestricted right to use and publish photographs and video of the Client (s), or in which the Client or any of their guests or any part of the events may be included, which may include advertising, promotion, marketing, editorial, trade, educational and any other purpose and all use, and in any manner, form or medium, to alter the same without restriction, and to copyright the same without restriction, or without further notice. The Client releases all claim to profits that may arise from use of images.


Ceremony & Venue Restrictions 
For Events involving a church ceremony or at certain other venues, the Photographer(s) and videographer(s) movements are sometimes restricted by the minister of official in charge: photographing and filming 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 videographer(s) cannot accept responsibility for limited coverage in such circumstances.


The guidelines of the ceremony official and the reception site management may limit The Photographer and videographer(s) and Videographer(s). The Client agrees to accept the technical results of their imposition on The Photographer(s) and Videographer(s). Negotiation with the officials for moderation of guidelines is The Client’s responsibility; The Photographer(s) and Videographer(s) will offer technical recommendations only.


Prints
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 on film or digitally the exact colour as seen by the human eye.


Online Store
We use a third party supplier with our online store, and as such we cannot guarantee the stock of every product listed on our online store. If there are any delays with delivery, errors with orders or damaged items received, the client must notify the photographer within 14 days.

Display
The Photographer and Videographer may display any photographs or video included in this contract in/on their studio, website, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows and social media, unless expressly denied in writing by the Client.


Retouching
Retouching and digital manipulation is available to the Client as an optional extra.


Print reorders
All print reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.


Copyright
Any images and video footage, or copies of images and video footage, 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. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image or video created as part of this contract without the permission of The Photographer(s)and Videographer(s) in writing. Negatives/Digital files remain the property of The Photographer and Videographer. Click here to read a Fact Sheet of how and where Copyright applies.


Licensed Images
Images will be supplied by the Photographer via an online gallery. Images will be available to download with a private pin code. Images will be supplied with a high resolution and print ready format, with an option to download a smaller format, easier for sharing digitally.
Images will be stored on this gallery for 6 months and it is the responsibility of the client to download the digital photos and store them safely within this time. Instructions will be given at the time of sending. Additional storage time can be purchased after the 6 month period is over.
Only if the package states, the client will also receive images on a USB memory stick as high resolution JPEG format digital files which will be suitable for printing.
Images are licensed to the client for sharing or displaying electronically with Family and Friends, and for printing by the Bride and Groom. Remaining family and guests must view and purchase prints from the online gallery.
Image files must NOT be copied, altered or sold in any way whatsoever.


Licensed Video
Video will be supplied by the Videographer via an online gallery. Video will be available to download with a private link and will be supplied in high definition and available to download in a smaller format, easier for sharing digitally.
Video will be stored on this gallery for 6 months and it is the responsibility of the client to download the video files and store them safely within this time. Instructions will be given at the time of sending. Additional storage time can be purchased after the 6 month period is over.
Only if the package states, the client will also receive the video on a USB memory stick as high definition digital files. Video will be licensed to the client for sharing or displaying electronically with Family and Friends.
Video files must NOT be copied, altered or sold in any way whatsoever.
Wedding film packages do not include full separate films of any event from the day such as the ceremony, speeches and first dance. These can be added to a package for a fee, but this must be specified when booking.


Separate Ceremony and Speeches Films
Separate videos of the entire ceremony or speeches are not included in all packages. The client must check with the videographer if their package includes full, separate films of the ceremony or speeches. These separate films can usually be added to your package before the wedding day, or after (up to 9 months after your wedding day). The Full ceremony film begins when both partners are at the ceremony location and the officiant/celebrant/registrar formally begins the official ceremony. The full Ceremony film will end just after the first kiss or the first official proclamation of marriage.
If you are having guest readings and or video/ voice messages/ flash mobs/ singing performances  in your ceremony or speeches, the videographer needs to be notified beforehand so that they can prepare for these events.
There may be certain moments from your speeches or ceremony that are unable to be fully captured. These include, but are not limited to, venue restrictions such as space and design of the venue, restrictions set by the officiant/registrar/vicar/priest/celebrant etc, and guests standing in front of cameras.
It is recommended that a microphone is used in your speeches so that audio can be captured to a high standard. failure to use a microphone may result in low quality audio in your finished films. If a microphone is unavailable, the videographer can attach voice recorders to each person speaking during the speeches, however this should be brought to the attention of the videographer as soon as possible.
Full films of the ceremony or speeches added after your wedding day will be subject to a new editing and delivery turnaround of up to 12 weeks (and sometimes longer in extremely busy periods).


Film Audio
For copyright reasons, finished films cannot include unlicensed music. This includes, but is not limited to, music playing during the day of filming such as during your first dance song, music playing when walking down the aisle, and background music from throughout the day. Licensed music will be added to the finished film which will include rights to be shared online. Voice audio will be collected from throughout the day, but the videographer makes no guarantee to capture specific audio clips including during speeches, vows, and other moments from the day. The videographer will supply and recommends the use of microphones and voice recorders for the ceremony and speeches, if the client does not wish to wear these, they understand that the audio in their films will be of a lower quality.


Drone photography and Videography
If your package includes drone photography or videography, it is to be understood by the client that certain weather conditions, such as rain or high winds, or the location of your venue will mean the drone cannot take flight. Adhering to the CAA (Civil Aviation Authority) rules, the drone also cannot be operated in the dark and the drone must be in sight of the pilot at all times. It is to the drone pilots discretion only whether the conditions are fit for flight. It is to be understood by the client that the timings of the events of the day may have to adjust in order to capture certain shots by the drone.


Third Party Printing
The Photographer cannot accept any responsibility or liability for colour balance or quality of any prints printed by third party printers such as online or high street photo processing shops.


Attendance
In the unlikely event of the assigned Photographer or Videographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another Photographer or Videographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.


Travel, Accommodation and Subsistence
For attendance at venues outside of North Devon, travel costs at the rate of £0.50 per mile each way will be charged where appropriate, unless stated otherwise [i.e within the package cost]. For locations more than a 3 hour drive away from postcode EX31, whether in the UK or abroad, modest accommodation charges will be made or arranged for by the client. For attendance at venues outside of England, further travel costs, such as flights and car hire will be charged to the client. All accommodation and travel arrangements must be agreed by both parties in writing. Accommodation must not be located more than 10 miles from the wedding venue or wedding preparation location. For destination weddings (Weddings outside of the England), the client must make suitable arrangements with the photographer and videographer to arrive within a 10 mile radius of the destination venue  a minimum of 48 hours before the first day of shooting.


Meal
It is advised that a meal is provided for The Photographer and Videographer at the venue and served at the same time as the guests. This is because meals are usually followed by speeches or other events which usually need to be captured by the photographer and videographer.


The Photographer and Videographer do not need to sit with guests, but being close by will ensure important speech photos are not missed. If a meal is not provided, it is understood that the Photographer and Videographer may leave the venue to eat and therefore hold no responsibility for any photo or video opportunities missed during this time. Only one vegetarian course is necessary and do check with your venue/caterer to see if they provide a 'suppliers meal' as this may be given at a discounted rate.


Insurance & Limitation of Liability
The Photographer(s) and Videographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic/video 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.


Safety 
The Photographer and Videographer takes no responsibility for any harm caused (bodily, to possessions, property or otherwise) to the couple, the wedding guests or other vendors and venue staff, from the result of the use of smoke bombs, sparklers, fireworks, confetti cannons, candles or any other props used during the wedding day. 


Force Majeure (Act of God)
In the unlikely event of total photographic or video failure, injury, sickness, or other event beyond the Photographer(s) and/or Videographer(s) control, (including natural disasters) their liability shall be limited to a full refund of all monies paid. The clients statutory rights are not affected. The Photographer and Videographer have full Public Liability, and Professional Indemnity Insurance.


Photographer Cancellation
In the unlikely event that the Photographer(s) and/or Videographer(s) has to cancel the event, due to circumstances beyond their control, the full amount of the booking fee and any further payments received will be returned to the Client.
Any monies refunded will be made payable only to the client who’s account the deposit came from.


Client Cancellation

The client has a right to cancel at any time during the 14 day cancellation period without giving any reason, and without incurring any liability. The cancellation period ends at the end of 14 days after the day on which the contract is entered into.

Should the Client wish to cancel, a notice of cancellation must be given in writing or via email to the Photographer. In such circumstances, the Client will be liable to pay the Photographer(s) and Videographer(s) the following sums:

* Notice received 14 days after booking and more than 1 year before the wedding date: £800 (booking fee)
* Notice received 14 days after booking and more than 6 months before the wedding date: £800 (booking fee)+ 25% of balance
* Notice received 14 days after booking and less than 6 months before the wedding date: £800 (booking fee) + 50% of
* balance
* Where an event is postponed until a later date, unless specified by the Photographer in writing/via email, the postponement will be treated as a cancellation in accordance with the above payment structure. Weddings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule the booking to the new date and time. In this event a new Booking Agreement will be created and this Booking Agreement will become void.


Covid-19
If your wedding cannot go ahead due to Government guidelines surrounding Covid-19, such as a national or local lockdown, it is advised that you reschedule your day.
If the Photographer is available for the new date, your booking will be transferred with no fee.
If the Photographer is not available for the new date and you don't wish to align your new date with the Photographers availability, a notice of cancellation must be given in writing or via email to the Photographer. This will be treated as a client cancellation. All monies paid will be refunded but the £800 booking fee will be retained by the Photographer and Videographer for the work carried out so far, as per the CMA Guidelines.
If your wedding day can go ahead under government guidelines but you choose to postpone or cancel, this will also fall under the standard 'Cancellation by Client' terms.


Complaints
Any complaints should first be raised by the Client with the Photographer and Videographer in writing within 21 days from the date of receipt of images and video. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers (SWPP) to mediate but only on the basis that its decision shall be final and binding upon both parties. requests for re-edits, and changes to your gallery or film must be made within this timeframe.


Harassment Policy
Ensuring the appropriate behaviour of all guests and other persons at the wedding covered by Photographer(s) and Videographer(s) shall be the responsibility of the Client. In the event the Photographer(s) and/or Videographer(s) experiences any inappropriate, threatening, hostile or offensive behaviour, or feels at risk to person or equipment, either from any guest, other person attending, or from persons in the vicinity of the wedding then the Photographer(s) and Videographer(s) reserves the full right to end wedding coverage immediately and leave the wedding, with the Client being advised verbally at the time and a formal written advisement within 48 hours. The Photographer(s) and Videographer(s) shall be entitled to retain all monies paid and the Client agrees to not hold the Photographer(s) and Videographer(s) responsible as a result of incomplete wedding photography coverage.


Engagement/Pre-Wedding Couple Session
Where a pre-wedding shoot option has been included, the Photographer and Videographer(s) will work with the client to choose the date, time and location of the shoot. The Photographer and Videographer(s) reserves the right to charge travel expenses should it be outside of North Devon with any charges being agreed in writing by both parties. Any prints of products from the engagement/pre- wedding shoot are not included as part of your wedding package – but can be purchased separately.


Delivery Times
We will aim to deliver your album(s) and film(s) within 12 weeks of the day of shooting however during busy periods the waiting time could be longer.


Country of Jurisprudence
This Contract is made under, and subject to, English Law.