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It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
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Retainer;
A retainer of 25% of the value of the total booking fee secures the date, time and services of ByCostello Photography for the wedding and is non-refundable or transferable. ByCostello Photography will decline any other enquiries for the date upon receiving this fee. The retainer is payable within 5 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking.
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Prices:
All standard photographic services and optional extras specified in this contract and paid for in full before the wedding, are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
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The client(s) will be liable to pay any additional expenses incurred by ByCostello Photography 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-UK addresses. Any applicable additional Travel expenses, including parking charges (other then specified in the contract summary) need to be covered at full cost before the journey takes place.
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Payments:
Following payment of the 25% retainer, the balance of fees due are to be paid 1 month prior to the wedding date. Non-receipt of the full and cleared balance by the due date will be deemed cancellation of the contract by the client(s).
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All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files and any other services ordered after the event.
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Title to all goods remains with ByCostello Photography until paid for in full by the client(s).
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Retouching;
Retouching, digital manipulation and artist finishing is available to the Client as a chargeable optional extra.
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Placing an Order and Receipt of Goods:
Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. ByCostello Photography will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
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ByCostello Photography must be notified either by telephone or email and confirmed in writing (sent by Royal Mail special delivery) 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.
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Due to the nature of the product ByCostello Photography are unable to give exchanges or refunds. This does not affect your statutory rights.
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Reorders;
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
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Display;
ByCostello Photography may use any image covered by this contract to generally promote the business in advertising, portfolio, brochures, magazine articles, websites, sample albums and prints, venue and other vendor samples, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially and other such material.
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Copyright;
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 ByCostello 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 ByCostello Photography.
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Model Release;
The client(s) hereby grant ByCostello Photography the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of Bride/Groom without restriction as to changes or transformations, for any legal purpose whatsoever. The client(s) herby relinquish any right that may be applied. The client(s) hereby affirm that they are over the age of majority and have the right to contract in their own name. ByCostello Photography can grant use of the images to third parties and all compensation for use and credit for the images remain the property of ByCostello Photography. The Client(s) waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client(s), their legal representatives, heirs, and assigns.
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Licenses, Coverage and Reproduction:
ByCostello 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.
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Photographs taken during the course of the event will be at the discretion of ByCostello Photography although every effort will be made to comply with the Client(s) requirements.
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ByCostello Photography shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by ByCostello Photography on the occasion of leaving somebody out.
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For a booking involving a church ceremony or at certain venues, ByCostello Photography movements are sometimes restricted by the official in charge. The area from which ByCostello Photography is able to cover the ceremony may not be ByCostello Photography choice and ByCostello Photography 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 ceremony may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official before booking the date and submitting this contract.
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For a wedding or other event booking ByCostello Photography shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
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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 ByCostello Photography and in some circumstances (such as the change of ceremony date for a wedding) ByCostello Photography may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances ByCostello Photography are not liable to compensate the client(s) in any way whatsoever.
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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 in print. ByCostello Photography 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.
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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.
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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.
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All print and presentation sizes quoted are approximate and subject to the discretion of ByCostello Photography.
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Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, ByCostello Photography will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
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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.
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Cancellation;
The Client may cancel this contract at any time by giving written notice to ByCostello Photography. In the event of cancellation, the retainer being the agreed loss suffered by ByCostello Photography due to cancellation. Cancellation less than 12 weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as ByCostello Photography can re-schedule for the new date and time.
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Cancellation by the Photographer;
The due performance of the contract is subject to alteration or cancellation by ByCostello Photography owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime, flooding).
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In the unlikely event of ByCostello Photography being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
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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.
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Insurance:
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
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On the day:
ByCostello Photography is the only authorised photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.
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ByCostello Photography is contracted to shoot all photographs relating to the event and no other person is permitted to shoot images for sale or as gifts unless agreed in writing before the day. This includes guests (except for their own personal non-commercial use) and other wedding vendors e.g. a videographer may not shoot stills other than a small quantity to illustrate the video packaging. Breach of this condition shall be deemed cancellation of the contract by the clients.
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An inconsiderate guest and/or videographer can severely compromise the quality and breadth of your stills photography and can wreck the photographic record of your special day and we will speak with the guest or bride or groom or coordinator if appropriate.
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Coverage may be cancelled without warning at the discretion of ByCostello Photography if ByCostello Photography feels threatened or has reason to believe that equipment may be damaged or stolen.
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ByCostello Photography will stay with The Client(s) during the day for as long as it is required to capture all aspects of your Wedding specified by your chosen package.
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Meals and refreshments;
Provision must be made with your venue to provide ByCostello Photography with non-alcoholic drinks and other refreshments during the day. Where coverage has been agreed to include a photographer’s assistant then the same conditions apply for this individual.
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For coverage over four hours this is to include a light meal, to be taken during the wedding breakfast.
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Complaints;
Any complaints should first be raised by the Client with the ByCostello Photography in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.
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