Terms and Conditions
1. About these Terms and Conditions
It is mutually agreed that these Terms and Conditions shall apply to the wedding photography services supplied by Sarah Longworth Photography and constitute a legally binding agreement with us including any Schedules attached or separately agreed. In addition to these Terms and Conditions, our Privacy and Cookies Policy applies to all agreements.
2. About Us
Sarah Longworth Photography provides photography for weddings and elopements. We can be contacted directly by email to email@example.com
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In these Terms and Conditions, the following meanings shall apply:
“Client” refers to the party making a booking for wedding photography
“We” “Our” or “Us’ refers to Sarah Longworth Photography
“Website” refers to our website, www.sarahlongworthphotography.com
“Wedding date” refers to the booked date for the wedding photography
Sarah Longworth Photography shall provide the package of wedding photography services on the booked wedding date as detailed in the wedding booking agreement.
All images are subject to variables beyond the photographer’s control including, but not limited to, factors relating to the weather, location, venue, lighting restrictions or scheduling complications.
The Client will receive fully edited versions of wedding photographs from Sarah Longworth Photography as detailed in the chosen package.
The Client shall receive the best images and fully edited versions as selected by Sarah Longworth Photography to best represent her creative vision of the wedding day (see Creative Licence below). No un-edited or RAW files shall be provided to the Client.
6. Client’s obligations
The Client shall provide Sarah Longworth Photography with a full breakdown of the times and locations for the wedding date (subject to changes) at least 30 days before the date.
The Client shall provide Sarah Longworth Photography with a list of key family members needed for any essential group shots at least 30 days before the date, or clear instructions for group/family photos on the morning of the wedding.
The Client shall provide full venue location details to Sarah Longworth Photography at least 30 days before the wedding date, via email.
7. Meals and breaks
Sarah Longworth Photography does not require meals to be provided on the wedding day, but meal times may be used as a break period. Photographs will not be taken during this time. Appropriate breaks may also be taken at other times during the course of the wedding day.
Sarah Longworth Photography has full professional indemnity insurance.
The Client shall pay the cost of the package chosen as detailed in Schedule A on the Booking Agreement. A deposit of 35% of the total package will be invoiced and will confirm the booking upon receipt. The balance must be received by Sarah Longworth Photography no later than 30 days before the booked wedding date. If payment is not received by this time, we will consider this contract cancelled and all monies paid will be forfeited.
We are not registered for VAT.
All booking deposits are non-refundable (subject to clause 11 below). In the event that the services under this agreement are cancelled at least 30 days before the wedding date, and provided the balance has been received by us, the Client will be entitled to a refund excluding the deposit paid. Any refunds may take up to 10 working days to process.
In the event that the services under this agreement are cancelled at least 30 days before the wedding date, and the balance has not been received by Sarah Longworth Photography, no further payment will be due.
In the event that the services under this agreement are cancelled within 30 days of the wedding date, the balance of payment will remain due and any payments made will not be refunded.
In the unlikely event that Sarah Longworth is personally unable to provide the wedding photography on the booked date due to incapacity, all reasonable endeavours will be made to find a substitute photographer of equivalent calibre. The Client shall be notified of any proposed substitute and shall have the right to reject the substitute photographer. If the contract is terminated under this clause, a full refund will be made by Sarah Longworth Photography.
12. Retention of Images
Digital files are held by Sarah Longworth Photography for 2 years and analogue negatives are held for 5 years. All responsibility for photographs that have been provided and receipt acknowledged by the Client, shall transfer to the Client for archiving and safety.
13. Data Protection
The Company acts as a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Sarah Longworth.
Under data protection legislation, data subjects have the right to access any data personal data kept by Sarah Longworth Photography through a Subject Access Request (SAR). If you wish to invoke this right, you should email us at firstname.lastname@example.org
As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
We retain the right to respond to legal requests as necessary.
14. Creative Licence
Sarah Longworth Photography shall be granted artistic licence in relation to the composition of photographs including subject matter and style. Whilst we take into consideration all Client’s comments and requests, the photographer will determine the creative direction of the photographs to be taken and editing of images. Retouching is kept to a minimum.
All images produced and provided to the Client under this agreement, including any colour editing or retouching, are to be determined at the Photographer’s discretion.
The number of photographs taken will depend on a number of factors. We will endeavour to take any specifically requested photographs, however this cannot be guaranteed.
15. Intellectual Property
Sarah Longworth Photography reserves the right to all intellectual property in relation to the images and services provided. The Client shall be granted a non-exclusive, irrevocable, perpetual and royalty free licence to use and distribute the photographs in accordance with these terms and conditions and for non-commercial use only.
The licence to use images may be withdraw by Sarah Longworth Photography Longworth Photography at any time if there is reason to belief that our intellectual property has been compromised by the Client.
The Client accepts that Sarah Longworth Photography may use any photographs and images as part of the online business portfolio.
The Client agrees that Sarah Longworth Photography may feature details and images of the wedding day on the website blog (on www.sarahlongworthphotography.com) and other business marketing material.
Sarah Longworth Photography will seek written consent from the Client prior to sharing any photographs with a third party including wedding blogs or magazines. The Client reserves the right to request that images are removed from public display and may withdraw their consent at any time.
16. Changes to Terms and Conditions
These terms and conditions may be modified by agreement between both parties, either verbally or in writing.
The Client shall notify Sarah Longworth Photography without delay should the venue or wedding date change. Whilst Sarah Longworth Photography will endeavour to accommodate a change of date or venue, the Client accepts that any money already paid may be forfeited if this is not possible.
17. Limitation of Liability
Sarah Longworth Photography takes all reasonable care in the services provided under this agreement, but shall not be liable for any loss or damage howsoever arising including but not limited to loss of photographs, loss of opportunity, loss of data or consequential or indirect losses arising in contract, tort or otherwise. The sole remedy for any action or claim shall be limited to a refund whose total amount cannot exceed the total monies paid by the Client under this Agreement.
Nothing in these Terms and Conditions shall exclude or restrict liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or any other liability which shall not be excluded or limited by law.
Use of Smoke Bombs.
Whilst Sarah Longworth Photography takes all reasonable care in the use of smoke bombs, we shall not be liable for any damage howsoever arising from the use of smoke bombs. The use of smoke bombs is made solely at the responsibility of the Client.
18. No Waiver
No failure or delay by Sarah Longworth Photography in exercising any rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
19. Force Majeure
Sarah Longworth Photography shall not be liable for any failure or delay in performing the obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action. In the event of force majeure all money paid to Sarah Longworth Photography to date will be refunded to the Client.
20. Entire Agreement
The Client accepts that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
22. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Notices sent by e-mail will be deemed to have been received twenty-four hours after sending. We can be contracted by email to email@example.com, or in writing to Sarah Longworth Photography, 14 Leycester Drive, Lancaster LE1 5HW.
24. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.