CONDER CONSULTANTS LTD
TEL FR : (+33) 06 74 47 61 94
Please complete, sign and include your retainer of £300.00 or €300.00 with this booking form to secure your chosen date.
|Date of Event:|
Location of Event: (full address, phone number, contact name and website):
Description of service agreed and any special requirements:
Terms and Conditions
In the following conditions of contract “the photographer(s)” shall mean Robbie Conder trading as Conder Consultants Ltd or, subject to condition 7 below, any photographers appointed by Robbie Conder. “The Client(s)” shall be those whose name appears on the contract. If the client(s) arrange for a third party to meet the costs of this contract the contract remains with the client(s). The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer(s) in writing.
1. Copyright: The Copyright Designs and Patents Acts assign the copyright of the images to the photographer(s). It is therefore contrary to the Acts, and illegal, to copy, or allow to be copied, by any means photographic, by computer, or internet or otherwise, by any person or machine other than by the photographer(s) or their appointed agents.
2. Display: The client(s) hereby allow(s) the photographer(s) to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites and other such material, providing that the images used are used lawfully and without damage to the client(s). Your images are placed in a password protected gallery within the website www.purelumiere.com are not available to the general public in the normal course of events. (However it is impossible to stop illegal hacking these galleries).
3. License, Coverage and Reproduction: a) 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.
b) Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.
c) The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) for unrecorded individuals.
d) For a booking involving a venue, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) are able to cover the event may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the event may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate authorities before signing this contract.
e) For an event booking the photographer(s) shall endeavour to capture all the moments throughout the event as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
f) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of event date) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
g) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly on photographic paper.
h) 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.
i) Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor.
j) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).
k) The photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
l) Where images are made available for use with a personal computer the default operating system shall be Windows XP home edition.
4. Prices: a) Where the event date is no more than 12 months after the date of signing the contract, all photographic services undertaken on the event date are supplied at the prices ruling on the date of signing of the contract. All reprint orders, if placed after six months of the event date, are supplied at the prices ruling at the time of receipt of the order
b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-FR / UK addresses.
5. Payments: a) A non-refundable retainer of: £300.00 / €300.00 (paid by cash or cheque) along with a completed booking form and contract will confirm your booking. The retainer forms part of the total cost of the photographic coverage and is deducted when calculating the final balance due. The retainer is refundable during your statutory 14 day “cooling off” period. Payment for the photographic coverage is due in full NO LATER THAN SIX WEEKS prior to the contracted date and amounts to an additional: £____________.
You MUST allow sufficient time for cheque clearance.
Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s).
b) All additional goods must be paid for in full on ordering. This includes extra prints, albums, books, high resolution digital files and any other services ordered after the event.
c) Title to all goods remains with Robbie Conder / Conder Consultants Ltd until paid for in full by the client(s).
6. Complaints: Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, books and any other special services that have been agreed.
7. Force Majeure : a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g sudden illness/injury/victim of crime).
b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 7a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. Digital Files: a) The digital files shall remain the property of the photographer(s) and shall be kept for not less than 24 months from the event date at one site.
b) Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a pro-rata refund of fees paid, but shall not include a refund for any goods already supplied. No refund will be due for any digital files lost, damaged, or destroyed after 24 months from the date of the event.
c) All orders should be placed with the photographer(s) before the end of a 6 month period starting at the event date. The photographer(s) will not be liable for failure to produce any orders placed after this time.
9. Cancellation Fees: If The Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.
a) Cancellation within two weeks of booking and more than three months to go until the event date, the non-refundable retainer – see clause 5a above.
b) Cancellation with less than three months to go until the event date, full price for the complete photographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of booking).
c) Where the photographer(s) are able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable retainer only and any additional cancellation fees already paid will be refunded accordingly.
10. Placing an Order and Receipt of Goods: a) Any alterations to orders must be notified either by phone or email and confirmed in writing within three working days of the order being placed. The photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the client after this time.
b) The main event image print order may take up to six weeks to complete. Allow 28 days for delivery of other orders. Where you choose to design your album or books through Conder Consultants Ltd you will be notified of the estimated completion date on a case by case basis.
c) The photographer(s) must be notified either by telephone or email and confirmed in writing within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
d) Due to the nature of the product the photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights.
11. Privacy: Robbie Conder trading as Conder Consultants Ltd may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.
12. Governing Law: Any contract made between the photographer(s) and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.
13. Insurance: The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
14. On the day: a) There is a danger that guests can unwittingly spoil shots. This can be as simple as trying to repeat shots taken by the “official” photographer, or distracting the subjects so that eyes are not looking at the camera, or taking an inordinate amount of time to take shots, or “spotting” the bride’s face with red focus assist lights, or floating into view on formal set-piece shots, or compromising the ambience of scenes by the inappropriate use of flash photography. We will speak with the coordinator if appropriate. In some circumstances our coverage may be compromised or may have to be cut short. An inconsiderate guest can wreck the record of your special day.
b) The activity of another professional photographer or videographer or enthusiastic hobbyist can endanger the quality of the final product. Please notify us beforehand with contact details – so that we can liaise with other parties and plan the shooting accordingly.
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I have read and understood the above and agree to abide by the terms of agreement set out.
I understand that the terms of this agreement cannot be changed unless agreed by Robbie Conder trading as Conder Consultants Ltd in writing. I realize that this contract becomes effective immediately and agree my retainer is not refundable and cancellation rates will apply in the case of any cancellation by me (your statutory rights are not affected).
Signature ___________________________ Signature ___________________________
Print Name _________________________ Print Name __________________________
Date ______________________________ Date ________________________________
Cheques should be made payable to “Conder Consultants Ltd”
Robbie Conder trading as Conder Consultants Ltd _______________________________
You should read this contract together with the terms of the service you have ordered. As with any contract you should consider taking independent legal advice. Please then sign this contract and return it with your retainer to: Conder Consultants Ltd.