WEDDING PHOTOGRAPHY TERMS AND CONDITIONS
It is important you read as there is information you will NEED to know about your booking.
It is agreed that the following terms set out the total agreement made between the parties and that any variation or modification of this contract shall be effective on this website at ALL times without removal.
Please note ‘Sarah Lewsey’ is referred to as a business and not an individual.
The Booking fee of £100 secures the date, time and services of Sarah Lewsey Photography Services for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee saves the date for your wedding and is in no relation to anything else. The fee does not apply to anything else other than date reservation. The booking fee is not based on level of contact following booking, any documentation or any other correspondence Confirmation of date reservation is given upon acknowledgement of receipt of £100. Cancellation less than 8 weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed (more than 8 weeks before the original date) to a later date will retain the fee as long as the photographer can re-schedule for the new date and time. Failure to re schedule shall result in cancellation fee being applied.
Following booking fee of £100, the balance is to be paid 4 calendar weeks prior to the wedding date. If this is not upheld, then the Photographer has to right to see this as a cancellation of services and shall start proceedings to reclaim the remainder of the cancellation fee. No contact from the photographer is required to request final balance. If final balance is not received the date becomes available with no notice to you.
It is understood that you shall provide me with the venues full address details including post code and correct time of service. This shall allow me to understand the content of your service to best capture every detail. This information should be received via email/written form soon after the wedding coverage is confirmed.
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. In some cases, photography during the ceremony is not permitted, the photographer cannot be held responsible if no images are taken of the ceremony if permission is not granted. Use of flash photography may be prohibited during proceedings and low lights may affect the quality of the images.
All image sizes are nominal. The Photographer/s 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.
The style of the photography created for you on your wedding day is that which has been demonstrated through the photographer’s portfolio.
The photography aims to document your day as it is. The photographer can only photograph what is happening so if you wish for images of certain things, make sure they happen for photographs. Group and couple shots are offered and available. Any images of people you feel are missing are not the responsibility of the photographer. Anyone important to your day that you wish to have any specific photos of must be requested if not already covered.
All photography packages (although mainly reportage) include traditional elements which will take the photography through the day such as: Brides arrival, Bride with Dad, Bride and Groom with guests. It is the responsibility of the Bride and Groom to allow the photographer time for these photographs. If no time is allowed, the photographer cannot be held responsible for the missing photographs from your wedding images.
The judgement of the photographer on photographic style and the number of photographs taken shall be deemed to be correct. Due to changes in the weather and the availability and willingness of the subjects Sarah Lewsey Photography will endeavour to fulfil the booking to its full potential but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement. Sarah Lewsey Photography reserves the right to delete, destroy or withhold any images, which are believed to be of a low technical or creative quality.
Some ceremony and reception venues have poor lighting which makes it difficult to capture some of the moments, flash photography shall be used where possible/allowed.
Sarah Lewsey Photography will retake a shot where we have seen a blink. It is impossible to guarantee to spot every blink, especially in group shots. All efforts will be made in edit to save any blinking shots but this cannot be guaranteed.
Every effort is made to fulfil special requests but are not a binding instruction. Any special request not included in this booking form should be requested in writing.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. Basic enhancing shall be included in ordered images and products.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted as part of this contract. Payment is made for reorders separately to this contract.
Any images or copies of images 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 and remain the copyright of Sarah Lewsey Photography. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of Sarah Lewsey Photography.
Sarah Lewsey Photography shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
Force majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Number of images taken
An average/estimated amount of shots taken cannot be givens this depends on various factors including but not limited to; weather, venue permissions and guest and couple compliance.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, I reserve the right to attempt to appoint another photographer to attend your wedding on my/their behalf to undertake the wedding photography to his / her best ability. Failure for the photographer to fulfil the contract shall result in a full refund as services would have not been fulfilled.
It is understood that all of the information provided for the locations is CORRECT including the correct time of the ceremony, post codes for the satnav to route the photographer to the venues. Lateness or none attendance based on incorrect information shall not be deemed as failure to fulfil the service, no refunds/part refunds shall be given.
Contact on the day
It is asked and appreciated that the photographer has contact information for at least one of the bridal party that shall be able to communicate on the day. If the photographer runs into any problems, they need to be able to communicate with the bridal party. This includes but not limited to; transport problems, not being able to find a location, being given the wrong venue information.
Allocation of another photographer
During busier times of the year, it is sometimes the case that another photographer shall attend your wedding on behalf of Sarah Lewsey Photography. This shall either be discussed at your initial meeting if I don’t have the availability personally at the time of booking, or the photographer shall be allocated no less than 2 weeks prior to your wedding date. Upon allocation of another photographer your correspondence shall still be with Sarah Lewsey Photography. Sarah Lewsey Packages, Prices and Terms and Conditions apply and any issues about your booking can be taken up with either the photographer directly or Sarah Lewsey Photography. A copy of all details shall also be kept by Sarah Lewsey Photography. Do not feel less important having another photographer allocated. I only use photographers I know are competent and can match my style of photography and attention to detail to his / her best ability. The administration and editing shall be undertaken by Sarah Lewsey Photography.
Limitation of Liability
In the unlikely event of a total photographic 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 indirect or consequential loss.
The Client may cancel this contract at any time by giving written notice to Sarah Lewsey Photography at the business address but in doing so shall forfeit any monies paid. Cancellation delivered by hand in person or send recorded/special delivery as proof of receipt. Cancellation less than 8 weeks before the wedding date will result in the payment in full. Six weeks is a reasonable time for the photographer to try and find other bookings for the date. If Sarah Lewsey Photography have to cancel this contract for reasons beyond their control (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid.
Digital files remain the sole property of Sarah Lewsey Photography. You will get printing rights for your personal use.
All prices are agreed at time of booking. Any price changes in the time between the booking and the wedding date shall be affected as follows; In the event of my prices going up, no extra shall be charged. In the event of my prices coming down (excluding special offers and promotions) for the exact same package including every detail booked by you, the difference shall be reimbursed.
Sarah Lewsey Photography will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes.
Failure to fulfil any part of the contract will only result in that part of the coverage being available to apply for a refund. (e.g. I cover your wedding day but my car breaks down on the way to your reception so I am unable to attend, the price of the reception coverage shall be refunded and not the coverage that I had obtained earlier in the day). Refund of booking fee is NOT permitted under any circumstance other than my failure to attend or appoint another photographer. Any refunds offered under any circumstances agreed by the photographer will be refunded within 28 days of all required information being provided. This includes but is not limited to; all supporting evidence of failure of service, bank account information for refund, agreement a refund is granted in writing after assessing your case. Refunds being given are a satisfactory conclusion to any level of complaint and as such the refund is accepted as the closure of a complaint. Any public negative complaints/slanderous comments will result in the removal of the refund.
No new special offers offered by Sarah Lewsey Photography shall apply to your wedding after your booking. Only bookings made within the specified dates of the offers shall be able to receive that offer. If you wish to cancel and rebook to take part in the offer, your initial deposit shall be lost and a new deposit paid to the new booking.
Changes to your booking
As Sarah Lewsey Photography grows, there may sometimes be changes to the exact undertaking of your booking e.g. Number of meetings prior to your wedding etc. All changes shall be made in writing to you no less than 8 weeks in advance of your wedding date.
Changes of packages
Sarah Lewsey Photography from time to time may change the prices and content of Wedding packages. In the event of my prices coming down (excluding special offers and promotions) for the exact same package including every detail booked by you, the new price shall be applicable to your wedding package.
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.
Sarah Lewsey Photography may use any images included in this contract in their studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.
Coverage of people
The photography style is documentary and the people being photographed will be captured in this way. It is YOUR responsibility to make sure all the shots you want such as people combinations are done before the photographer leaves and the photographer cannot be held responsible for any missing images. A lack of images of any of the guests will not be the fault of the photographer. Respect is also shown to those not wishing to be photographed.
The bride and groom and the Photographers consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding photographer(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The photographer (s) may also require the assistance of the best man in organising family groups. The bride and groom also agree to give the photographer(s) sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer(s) will use his discretion but cannot be held responsible for a lack of photos of these people.
If there no lunch provided for the photographer they will require a 1 ½ hour brake during your meal to go get their lunch, please bear this in mind when planning your speeches
Wedding Guest Coverage
All your guests will have digital cameras and all your guests will want to photograph the bride and groom. In the spirit of cheerful cooperation, the bride and groom agree to give the Photographers precedence over your guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the bride and groom have continually interrupted the photographer’s work or when guests step in front of the photographer during the important events.
The photographer is in the rights to leave the coverage at any stage with no liability to refund or compensate if any antisocial behaviour is present at the booking. This includes but is not limited to; aggressive guests demanding shots, and threatening behaviour, drug taking, fighting, disrespectful language, demands being made on the day that weren't made at the time of booking.
Sarah Lewsey Photography clearly outlines the coverage and package content for your wedding photography. There are no exact wedding format photographers must commit to. So if another photographer offers a difference in service or products this does not mean that Sarah Lewsey Photography should have to offer the same services and products.
Schedule an estimated schedule will be provided to you prior to your wedding day. There may be delays due to traffic or venue access. Sarah Lewsey Photography cannot be held responsible for lateness due to circumstances out of their control.
Digital images are provided to you. Once the images are given to you the booking is complete and Sarah Lewsey Photography are under no obligation to back up files or provide images on any other occasion. It is HIGHLY recommended that you back up your images once you receive them. If orders are placed for products and Sarah Lewsey Photography no longer has your files, they will be requested to be sent from you.
Images are provided on USB or Disc with the occasional pulled image if I feel technically it is not suitable to pass on. There may be missing reference numbers where images are deleted due to poor light and test shots. This doesn't mean that images are ‘missing’. The photographer has the right to refuse provision of images they feel are no acceptable. Photographers are unable to guarantee 100% of the shots taken are going to be provided. This includes but not limited to, low lighting, blurred, blinking, test shots, people not looking at the photographer and unflattering portraits that people would not like to see. The photographer cannot be held responsible for any missing images your might have requested due to venue rules, coverage timing,
Album, print and products
The wedding contract, unless otherwise discussed and agreed, is for the coverage and digital images. Any orders placed outside of this contract will have no relation to this contract. Any failure to fulfil orders placed outside of this contract bear no relation to this contract. An example of which; not fulfilling a wedding album cannot result in complaint of all wedding services.
If at any time, there is any aspect of the service you are unhappy or unsure about please contact Sarah Lewsey Photography directly. Any comments made on social media questioning the commitment or fulfilment of the service will result in a removal request and depending on content possible further action due to comments being public. If the content of social media comment is negative or untrue, the photographer may make the decision that they do not wish to cover your wedding. An explanation shall be put in writing and no refund of booking fee shall be made.
Any complaints should be raised by the client with the photographer, privately in writing within 7 days of receipt of the images.
Instalments are not accommodated by Sarah Lewsey Photography. £100 booking fee and full and final payment 4 weeks prior to the day is expected unless agreed beforehand.
1) APPLICABLE LAW
a) The laws of England and Wales shall govern this agreement. These Terms and Conditions shall not be varied except by agreement in writing.
b) In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.
2) BOOKING FEE
a) By booking with Sarah Lewsey Photography you enter into a contract and have therefore agreed to abide by the terms and conditions.
b) Booking fees taken for All session in and out of the studio are none refundable.
a) It is illegal to attempt to download, or to attempt to remove a watermark from, any image taken and posted online by Sarah Lewsey Photography for any reason. Should an image online be saved via any means, and used elsewhere without the written permission of Sarah Lewsey Photography, whether the copyright has been removed or not, a copyright infringement fee of £200 per image will be applied to avoid court action, and must be paid within 28 days.
4) FULFILMENT OF OBLIGATIONS
a) Sarah Lewsey Photography shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
b) The Client understands and accepts that the photographic coverage will be as Sarah Lewsey Photography professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.
c) In the unlikely event of total photographic failure or cancellation of the contract by either party or in any other circumstances the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential losses.
d) If Client fails to read the supplied PDF brochure, and therefore fails to carry out required preparations prior to a newborn session, Sarah Lewsey Photography will not be held responsible for any resulting reductions in quality or quantity of images supplied.
e) If Client is more than 15 minutes late for a session without communication the session is cancelled and no refund will be given on any session fee paid. A full session fee will need to be paid to rebook.
5) CAKE SMASH SESSION
a) It is the clients responsibility to provide the cake due to possible food allergy or intolerance's. Sarah Lewsey Photography will not be held liable for any adverse effect or illness the baby may suffer as a result of an allergy if the Client did not inform Sarah Lewsey Photography. By signing the Cake Smash contract you waive all rights to sue Sarah Lewsey Photography if any illness results due to lack of information given to Sarah Lewsey Photography by the client.
a) All images produced by Sarah Lewsey Photography are done on a fully calibrated monitor, and all prints will be a true reflection of the editing carried out by Sarah Lewsey Photography. Sarah Lewsey Photography will not be held responsible for variances in images caused by clients viewing images on non calibrated screens or monitors. To ensure images are seen as intended it is advised that client views them at Sarah Lewsey Photography studio
b) All prices are subject to change without notice by Sarah Lewsey Photography. No consideration will be given to previous clients regarding product pricing, availability, package structure, or session fees.
a) Although Sarah Lewsey Photography will do its best to produce more proofs than discussed with the Client there is no guarantee that any particular number of proofs will be produced.
8) IMAGE PRODUCTION AND HANDLING
a) Save as otherwise agreed between the Client and Sarah Lewsey Photography, Sarah Lewsey Photography shall be entitled to use its judgement regarding the style and artistic input in the production of pictures. This includes but is not limited to locations, poses and number of images taken. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations. In the event of unco-operative children at a session of any kind, for any reason, Sarah Lewsey Photography may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all sessions.
b) Sarah Lewsey Photography fully edits all images before presenting to Client. Additional edits are carried out at the discretion of Sarah Lewsey Photography, and Sarah Lewsey Photography reserves the right to charge the Client for additional editing to cover time involved, at a rate of £25 per image. Any additional edit requests MUST be raised by Client at the proofing stage. Requests not raised at proofing stage will not be considered once products have been ordered.
c) lf The Client does not view or purchase images within three Weeks of the session without arrangement, Sarah Lewsey Photography will assume they are not wanted and will delete all files.
9) COPYRIGHT & REPRODUCTION
a) Copyright is retained by Sarah Lewsey Photography at all times throughout the world. No image can be copied, scanned or reproduced in any form whatsoever without the prior consent of Sarah Lewsey Photography . This includes saving, screen grabbing and downloading from Facebook or other social media.
b) The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without Sarah Lewsey Photography's written permission.
c) Permission to reproduce a picture is granted to the Client by Sarah Lewsey Photography only when a fee for the reproduction has been agreed with Sarah Lewsey Photography and an invoice has been issued by Sarah Lewsey Photography and paid in full by the Client to Sarah Lewsey Photography .
d) In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Sarah Lewsey Photography an unauthorised use fee of £200 per image, or double the standard reproduction fee for the use concerned, whichever is the greater.
e) The right to reproduce a picture granted by Sarah Lewsey Photography is personal to the Client and may not be assigned to any third party without Sarah Lewsey Photography's prior written consent.
f) The Client will fully indemnify Sarah Lewsey Photography against any unauthorised reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without Sarah Lewsey Photography’s prior written consent).
a) While Sarah Lewsey Photography has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors.
11) RECEIPT OF PICTURES
a) The pictures are presumed to have been received in good condition unless the Client notifies Sarah Lewsey Photography in writing of any discrepancy or error within 3 days of receipt if delivered via courier. Pictures and products collected from the studio are to be confirmed in good condition before leaving.
12) COOLING OFF PERIOD
a) Because of the bespoke nature of photography, and because the supply of the photographs has been made to the Client’s personal specification, (i.e. image number, print size, frame style, etc.), the Client does not have the right to a cooling off period, refund or exchange on products of any kind once the order has been placed.
b) By placing an order with Sarah Lewsey Photography you are committing to buy the ordered products.
13) RETURNS POLICY
a) Incorrectly supplied items and items of poor quality can be returned and will be replaced at no extra charge to the Client.
b) Faulty items should be posted to Sarah Lewsey Photography, 18 Market Street, Sutton In Ashfield, Nottinghamshire, Ng171ag. The Client is responsible for any costs associated with return postage.
c) Returns will not be considered for incorrectly ordered items or items ordered in error.
d) No return, exchange or refund is available on any item once the image proof has been approved, and an order placed.
14) USE OF PICTURES
a) Sarah Lewsey Photography retains the right in all cases to use the pictures in any manner at any time throughout the world for the purposes of sales, advertising or promotion, of its work.
15) MODEL RELEASE
a) Unless specified in writing, Sarah Lewsey Photography makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trade marks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
16) CAMERA POLICY
Cameras, camera phones, camcorders or any other recording equipment is NOT permitted during any session, either in the studio or on location, without the express permission of Sarah Lewsey Photography.
Sarah Lewsey Photography will never share, or allow to be accessed, shared or distributed, any personal or contact information of any client or enquiry obtained by any means. ALL contact information is protected on secure systems and password protected at all times.
18 GIFT VOUCHERS
a) Gift vouchers purchased from Sarah Lewsey Photography are only valid for 6 months from date of purchase.
b) Gift vouchers cannot be exchanged for cash and are non transferable. No refunds will be given.