Terms of Service
TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean Chelsea McFolling trading as Reach1Creative Photography. “The clients” shall be those persons hiring Reach1Creative for photography services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.
2. DISPLAY
i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather, time, availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. PAYMENT
i. A non-refundable booking fee of 33% will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due by the day of services for all sessions, with the exception of weddings in which remaining balances are due in full 30 days prior to wedding event day.
iii. Additional goods ordered must be paid for in full at the time of ordering.
iv. Titles to all goods remains with the photographer until paid for in full by the client(s)
5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the day of services/wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (computer files) remain the property of the photographer. All digital wedding packages and other photogrpahy services include a copy of the edited digital negatives to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged of destroyed for the reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. ON THE DAY OF SERVICES (WEDDING)
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
ii. The photographer will not take photos during the wedding meal and will use this time to take a break. The photographer requests two chairs and two meals at the reception for herself and her hired second shooter.
iii. The photographer will stay to photograph until approximately 9pm. Any photography following this time will be at the discretion of the photographer or if expressly agreed in writing beforehand.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
WEDDINGS:
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than 60 days to go until the wedding, the deposit is non-refundable and no other fee is required.
iii. Cancellation with less than 60 days to go until the wedding date, full price for the complete photographic coverage will have been paid in full and will be considered non-refundable due to the loss of work for the photographer. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
OTHER PHOTOGRAPHY SERVICES:
i. If the client should have to cancel a booking, the client will owe a cancellation fee of $50 on top of the already paid, non-refundable deposit to book due to the loss of work.
ii. If the session has to be rescheduled due to weather, the deposit will carry over to the reschedule date and the remainder of session cost will now be due on the agreed upon date of services. If the client cannot agree upon a reschedule date, the deposit is still non-refundable but no other fees will be charged.
10. DELIVERY
i. The photographer will endeavour to deliver digital negative files as quickly as possible. However, this could take up to 3-4 weeks for all photography services with the exception of wedding photography, and up to 12 weeks for wedding photography during busy periods.
By signing this document, the customer agrees to the services and conditions described in this document.