THE PHOTOGRAPHY WEDDING CONTRACT  Page 5

LIABILITY FOR DIGITAL FILES AND PRODUCTS

The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 5 years from the wedding date. Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 6 months from the date of the wedding.

All orders should be placed with the photographer(s) before the end of a 6 month period starting at the wedding date unless otherwise agreed in writing. The photographer(s) is not liable for failure to produce any orders after this time.

Any pre-paid product credits (e.g. for albums and prints) not utilised by the clients within 6 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the photographer(s) and forwarded by to the last known address of the clients.

The Photographer may upload a gallery of the images to a web site so that the Client and their friends may preview and order the images. This gallery will be temporary (1 month minimum), and will be removed from the Photographer’s web site at his discretion. The Photographer shall have no obligation to distribute the images to the Client’s friends and family. Individuals wishing to obtain images directly from the photographer will be charged his rate for prints and DVDs.

PURCHASE OF DIGITAL NEGATIVES: If the Client desires a copy of the additional digital negatives (images not selected for the paid package) in high resolution, these images may be purchased at a specified cost and will be supplied on CD or DVD. A low resolution digital negative CD/DVD can be provided at no additional charge for emailing etc.

All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).

Where images are made available for use on a computer the default operating system is Windows XP home edition. Products may not function on other operating systems. If in doubt, talk to the photographer prior to  processing.

Where DVD images are made available we take steps to ensure compatibility. However, DVD discs may not play on all DVD players particularly older models. If in doubt, talk to the photographer before processing takes place.

All photographs taken (after selective deletion of unusable/unsuitable images) will be supplied as 6”x4” prints, unless otherwise agreed. These proofs will be supplied in Colour/B&W/Combination of Both (as appropriate). They will be on matt or gloss (as agreed) photographic paper.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage. Due to a variety of lighting conditions, editing options and the limitations of digital sensors, some colours may alter throughout a set of photographs.

It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

Due to the limitations of computer monitors it is understood that images appear differently according to the specification of each monitor and prints will not match images rendered on any particular computer monitor.

The Photographer will maintain backup copies of the images in his archive for a period of 5 years at which time the client may request all original files on CD or DVD. The cost for original images on CD or DVD is 25p per image, subject to a minimum charge of £5.00 plus postage. All prices are subject to change.

COPYRIGHT  ALL IMAGES, WHETHER DIGITAL, NEGATIVES, PRINTS, ON THE INTERNET AND COPIES

The photographs, digital negatives or prints produced by Fun 4U Photos and Fun 4U Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Fun 4U Photos and Fun 4U Photography explicit written permission. English Copyright Law states that the copyright of photographs remains with the photographer. The client is granted a licence to use the images for personal use. Copyright ownership of your wedding photos is assigned  to the bride and Groom upon full payment under the following conditions.

MODEL RELEASE

The Bride and Groom grant Fun 4U Photos/Fun 4U Photography and its legal representatives, associates and heirs the irrevocable and unlimited consent to use the photographs of the bride and groom and their event for editorial, competition, advertising, commercial and any other purpose and in any manner, to alter the photographs without restriction and to copyright the images. The Bride and groom hereby releases Fun 4U Photos and Fun 4U Photography from all liability and claims in connection with the images. Click here for Model release form. The Photographer retains the copyright of all images taken and may use images for advertising or promotional purposes at their discretion unless specifically requested not to do so by the Clients.

The digital images taken by Fun 4U Photography are for personal use by the bride and groom to reproduce, copy and distribute to their close friends and relatives. Acknowledgement must be given to the photographer, when doing so.

The bride and groom, their friends and relatives must obtain permission from Fun 4U Photography to sell wedding photos for profit.  

The client must not allow another party to take credit for the work provided by Fun 4U Photos/Fun 4U Photography. The Client is granted a license to use the images in the Client’s personal web site and the personal web sites of the Client’s friends and family, but the images must be accompanied by clear credit and link to the Photographer’s web site.

The Client must notify the Photographer of any such use on the Internet. The images may not be in any way significantly modified without the Photographer’s consent. No derivative works may be made from the images without the Photographer’s consent. The Client may not assign or transfer this license. The client must allow a back link to their website if required. If the client wishes to purchase the full copyright rights, this can be negotiated by the photographer.

Licenses, Coverage and Reproduction:  The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.

The client(s) hereby assigns and grants Fun 4U Photos and Fun 4U Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included, for editorial, trade, advertising, commercial or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client(s) hereby releases Fun 4U Photos and Fun 4U Photography and its legal representatives and assigns from all claims and liability relating to said photographs.

The client(s) hereby allow Fun 4U Photos and Fun 4U Photography to display any photographs and to generally promote the business in advertising, brochures, magazine articles, websites, flyers, sample albums and prints, through venues and vendor samples, to use for competitions and commercial ventures, in public displays, photography books, television, magazines and newspapers and commercial and private premises including shops, and other such material, thought proper by Fun 4U Photos and Fun 4U Photography.

COMPLAINTS  Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, frame, web pages and any other special services that have been agreed.