Our Contract
I try and make things as simple and transparent as possible. Here’s my/our contract. As yet it never has been, but once you've read it, where needed, and after discussion it could be amended. If you want me at your wedding/event, and I’d love to be there doing the photography for you, I’ll email you a copy of it that contains your details (names, event description, agreed fees and expected fee payment dates). You’ll email back stating your agreement to the contract and pay the deposit. I’ll confirm receipt of the deposit fee by email and that your date has been well and truly reserved..I’ll be there. And we’ll stay in contact where needs be, and certainly in the weeks before your wedding/event.
Matt scott-joynt photography wedding/ceremony/event contract, terms and conditions
Within this contract:
Photographer - refers to, Matt Scott-Joynt Photography, one party to the contract.
Event - refers to, the event stated at the top of the contract you are sent, i.e. your particular wedding, civil ceremony, betrothal, event.
Clients - refers to you, the other ‘parties’ within the contract.
By booking Matt Scott-Joynt Photography (the photographer) to photograph your wedding/ceremony (event), you both (clients) agree to all terms and conditions outlined below. It is agreed that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party understands that, in entering into the contract, they’ve not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in this Contract and these Terms & Conditions.
1. GENERAL
This agreement contains the entire understanding between Photographer and clients. It supersedes all prior and simultaneous agreements between the parties. Only changes or modifications agreed in writing (email is sufficient) between the above parties before the acceptance of this contract shall be recognised as amendments to it. By agreeing to the contract (again, an email confirmation is sufficient within contract law) the couple, (and/or their authorised agents) assign the photographer exclusive rights to photograph the wedding. The photographer will be the only professional photographer working at the event. On request, a dated copy of this contract, including any agreed amendments, stating the parties to the contract, describing the event to which it refers (dates/times/places), and the fee that agreed with the photographer for providing his photographic services to the clients at the event, will be sent to the clients for their approval. Acceptance of the contract should be made by email to the photographer who will confirm receipt of their approval of the contract, again by email.
2. PAYMENTS AND THE DEPOSIT/BOOKING FEE
Upon receipt of a £50 deposit/booking fee (‘the deposit’), the photographer will reserve the time and date agreed upon, and will not make other reservations for that time and date. During the flu pandemic the photographer introduced the pledge to refund the deposit when a booking was disrupted by the flu. This still stands, and although now unlikely, if your plans have to change as a result of the C19, on request I will refund the deposit. In this event the photographer hopes he would be asked and be available for any re-arranged wedding date and the deposit be transferred to this new date.
The deposit is to be paid at the time of written agreement of the contract. The deposit is deducted from the contracted wedding photography fee which will be stated in the contract sent to the clients. Full payment of the agreed remaining balance of the contracted wedding photography fee (‘the fee’) must be received at least 4 weeks (28 days) prior to the event. Six weeks (42 days) before the event, the photographer will be in touch via email with an invoice for the remaining balance of the fee. If full payment is not received 7 working days prior to the event, the photographer reserves the right not to be present to photograph the wedding/event. Payments must be made via bank transfer. Proof of payment will be confirmed by email (promptly if the photographer is informed of payment by email on the same day as it it made). (Please also see, ‘12. CANCELLATION AND CHANGES OF DATE’).
3. THE PHOTOGRAPHER AND LIMITATION OF LIABILITY
a) In the very unlikely event of severe medical, natural or other emergency affecting the ability of the photographer to fulfil his commitment to attend and photograph your event, every effort will be made to secure a good replacement photographer. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 wedding/event fee contained in the contract. Neither party shall be liable for any indirect or consequential loss.
b) The photographer will take the utmost care to look after (transport, securely and responsibly save and process) the photographs taken at your event. However, in the very unlikely event of client’s photographs being lost, stolen or destroyed for reasons within or beyond the photographer’s control, liability is limited to the return of all payments from the clients that have been received (the total agreed contracted fee).
4. IMAGE PRODUCTION AND DELIVERY
From the event the photographer will deliver to the clients approximately 400 fully processed high resolution digital images. The photographer will choose which of these to present to the clients as colour toned images, and which will be presented as black and white toned images. A duplicate set of low resolution images (for use online and in social media) will be produced at the same time. These two sets of images will be delivered to the clients within four weeks (28 days) of their event via an online password protected web page for which only they and the photographer will know the password. The photographer always aims to, and usually succeeds in supplying more than 400 images, but cannot guarantee this. The photographer mission is to make as long a picture story of the event as is possible, and all good images will be supplied to the clients. If the photographer has agreed to be contracted to attend an event for a shorter period he will reduce the clients’ contractual expectations of the number of images potentially delivered.
Concerning colour toned image, the clients understand that although the photographer will endeavour to provide pleasing colour balances, it is not always possible to reproduce the exact colours experienced by the clients. We all appreciate colour in subtly different ways and different light, both natural and artificial contain different colour reflectivity. Obvious as this may seem, it is still worth stating that it is often impossible to record with a camera the exact colour as seen by the human eye. The photographer always does his very best to provide pleasingly colour balanced and black and white toned prints that are ready to be printed and beautiful to display. In fact his professional reputation depends on this service. But he cannot accept any responsibility or liability for colour balance or quality of any prints reproduced from the delivered images.
5. SPECIAL REQUESTS/COVERAGE
The clients understand and accept that the photographic coverage will be as the photographers’s professional expertise determines, that no one photograph will be deemed more important than another, and that it will be the photographer who makes the decisions as to what and how to make photographs. The photographer will do everything possible to accommodate clients’ special requests, but clients agree that any such requests are not binding instructions. Events are dynamic affairs. This is what makes them so very memorable, unique and appealing. Within the context of the weather and timings of the day the photographer will make every effort to photographically capture important and pleasing moments from this wonderfully unpredictable reality, but will not be held accountable for ‘missing’ opportunities to photograph particular people or particular ‘moments’. The final content of the images is at the discretion of the photographer.
6. HOUSE RULES
The photographer is limited by the rules for photography (essentially where to stand/his ‘access’) imposed by the ceremony official or the reception site management. The client agrees to accept the technical results of these impositions. Although negotiations with officials for moderation of guidelines is the client’s responsibility, the photographer will do everything possible to assist any negotiations, before or on the day of the event. The area(s) 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. Photographing parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such circumstances.
7. USE & DISPLAY OF IMAGES
The client hereby assigns and grants the Photographer and its legal representatives the irrevocable and unrestricted right to use and publish photographs taken at the event for editorial, trade, advertising or any other purpose, and in any manner or medium, to generally promote the work of Matt Scott-Joynt Photography. For example, the clients give permission for the use of photographs in: blogs, advertising, display, website and internet promotion, competitions, public display such as in types of gallery, photography books, store fronts, window displays, social media, advertising and magazine advertising, and any other purpose providing they are used lawfully and without damage to the clients. But importantly, the photographer agrees not to resell any image to a third party other than with prior written consent. This also applies to engagement/pre-wedding/pre-event photographs if taken.
8. COPYRIGHT & OWNERSHIP
Any negatives and/or digital files shall remain the sole property of the Photographer at all times. His rights of ownership of the photographic images or copies of the images, whether stored digitally, or in a physical form (negatives), or on any physical device (hard drive), are protected by the Copyright and Design Act 1988. 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 photographer’s written permission.
9. ROYALTY FREE LICENSE
The Photographer retains the copyright of the images, as described in section 7, of all images delivered to the clients in the online gallery supplied to them, and on a USB memory stick if one is sent to them. The photographer grants a Royalty Free License to the clients permitting them use of the delivered images from their event, without further payment, for any non commercial lawful purpose for an indefinite period. Uses include reproduction of images, or ‘publishing’ (using) images on the internet (worldwide) for non-commercial use. However, any use of an image online must clearly identify the photographer as copyright owner by way of adding either, ©Matt Scott-Joynt, or @scottjoyntpictures. The Royalty Free License does not permit the editing or selling of the images by the clients or third parties. It is also prohibited to allow suppliers and third parties to use the images without the photographer’s written consent and any potential fee only set by the photographer.
If the client posts images on social media, or anywhere online, no filters are to be applied to images as this changes the look and style of the photographer. Clients who (inadvertently or not) permit their wedding suppliers to use the photographer’s images without obtaining permission will be issued with a breach of copyright notice and required to pay compensation per image used. The supplier will also be issued with a breach of copyright notice and required to pay compensation per image used.
10. ARTISTIC STYLE
The clients acknowledge that they are familiar with the photographer’s work and style and have contracted the photographer as a result of understanding that he produces a variety of images from every event he attends. In contracting the photographer, the clients also understand that, as with any works of art: the photographer’s work constantly evolves; the photographer’s services are of a unique and artistic nature; the images produced may be different from photographs taken by the photographer in the past; In creating images the photographer will use his artistic judgement consistent with his personal observation and vision of the event, and this may be different from the clients’ or any photographic subject’s vision of the event. Accordingly, the client acknowledges that the ‘quality’ of the photographs cannot be disputed on the basis of taste or aesthetic criteria. The photographer will of course do their utmost to advise where needed, and/or when requested, as to circumstances (timings, places, arrangements, better light etc..) which may facilitate the creation of ‘good’ photographs. No digital alterations of your event’s reality will be made during the editing process. Although the images will be carefully and lovingly processed to bring out the best of the people, places, moments and feelings they record, no obvious airbrushing of images will be done during the editing process or will be visible in the delivered images. These edits lie outside the services offered by the photographer and are not part of the photographer’s photographic style.
11. FORCE MAJEURE OR ACT OF GOD
The performance of this contract shall be contingent upon Acts of God, storms, flood, riots, fire, sabotage, civil commotion or unrest, warfare, Government laws or regulations, failure of energy sources, acts of terrorism, strikes by suppliers and/or conditions beyond its control.
12. CANCELLATION AND CHANGE OF DATES
Any notice of cancellations or event changes of date must be in writing. If the Photographer cancels the agreement, then any received fees (including the booking fee) will be reimbursed in full to the clients. (The photographer has as yet never cancelled a wedding contract as his good reputation depends on him fulfilling his contracted duties to a high standard. ) Significant changes of venue or other important details must be submitted in writing to the photographer at least 14 days before the event. This is important as the photographer may have to make amendments to his plans (accommodation, travel).
Changing the date of your event for any reason not connected to the C19 pandemic (Please also see, - ‘2. Payments and The Deposit/Booking Fee’) may incur a £200 administration fee. This is at the photographer’s discretion. This would be to part compensate the photographer for occupying the date so preventing him booking an alternative event. If, unfortunately, the photographer proves not to be available for the alternative event date, the contract will be cancelled and the booking fee forfeited.
Should the clients at any time wish/need to cancel our contract, Notice of Cancellation must be given in writing to the photographer. After the contract is agreed by the clients and the photographer, there is a 14 day ‘cooling off period’, during which time the contract may be cancelled and the booking fee refunded in full for any reason. After this 14 day period, for any reason not connected to a flu pandemic, unfortunately clients will be liable to pay the photographer a cancellation fee. This compensates the photographer for reserving their event’s date so preventing the photographer booking an alternative event and clients.
- If notice is received 182 days or more prior to the event, only the booking fee will be payable.
- If notice is received less then 182 days but more than 60 days prior to the event, 50% of the agreed balance that is due will be payable.
- If notice is received 60 days or less from the event, 100% of the agreed balance that is due will be payable.
13. GUEST CONDUCT
The Photographer has been a photojournalist and news photographer. He’s worked in many challenging environments and under considerable stresses, the like of which he’s never remotely encountered at a wedding. Experience has led him to understand that the consumption of alcohol and a degree of normal human chaos are good creative forces, and he loves a good party - seeing clients and guests having a really good time is super and leads to great pictures. Nevertheless, he still has his limits, and the photographer will not tolerate verbally or physically abusive behaviour at any event. If the photographer feels there is a plausible threat to him or his equipment it may result in his early or immediate departure from the event. The client understands that in such circumstances no refunds will be granted.
14. PERSONAL ACCIDENT
Any directions or suggestions issued to clients, their guests or employees by the photographer during the event are deemed to be undertaken at said person’s own risk. The photographer cannot be held responsible for any personal accidents during the event resulting from the actions of clients or guests participation in the making of a photograph.
15. GOVERNING LAW & JURISDICTION
The parties agree any dispute arising out of this contract shall only be remedied within English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
©Matt Scott-Joynt Photography 2024