- Payment Arrangements
The client will pay the photographer a total sum agreed by both parties, including a deposit to secure the date and payable on execution of this agreement. This deposit is non-refundable or transferable in the event of cancellation by the client, it being the agreed loss suffered by the photographer due to cancellation.
Payment of the remaining balance is required no later than one month prior to the wedding date.
Cancellation less than 6 weeks before the date of the wedding will require payment in full. All cancellations must be in writing. If cancellation is earlier than 6 weeks before the wedding date, a full refund, minus the deposit, will be made.
The cancellation conditions above will apply for postponed weddings if the photographer is not able to re-schedule for the new date and time. The fee for postponed weddings is subject to change.
- Image Size, Colour, Style and Composition
The client accepts that the photographer will capture the ceremony in a documentary style, with any group shots or posed images being discussed prior to the service.
The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometimes not possible to record on film or in print the exact colour as seen by the human eye. There is no right to reject on the basis of style or composition.
In the unlikely event the photographer is unable to complete the coverage due to unforeseen circumstances, the photographer, when possible, will appoint a replacement photographer to attend on his behalf, if this is not acceptable to the client, they may receive a full refund instead.
The photographer agrees to indemnify the client against all expenses, damages, claims and legal costs arising out of any failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the day of the wedding. In all other cases the client shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
- Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this 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 loss.
- Special Requests / Coverage
The Client understands and accepts that the photographic coverage will be as the Photographer’s professional expertise determines. Every effort will be made to honour special request instructions agreed in advance, provided time and weather permit and the availability and co-‐operation of the person/s concerned. Coverage will also be dictated by any restrictions imposed by the officials controlling the venue. The booking does not include the supply of press prints to publicise the wedding. However, the Photographer will, at his discretion, attempt to meet reasonable requests. The Photographer shall be granted complete artistic license to include the poses photographed, locations used and processing of images. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
All parties agree to provide as full cooperation as is reasonable to ensure the best possible outcome of the day, both prior to and during the event. Family and friends are permitted to take photographs as long as they do not disturb, disrupt or interfere with the photographer’s duties. The Photographer will not be held liable where such disruption results in their inability to discharge their duties pursuant to this agreement
Videographers who may be working alongside, or in the same area as Darren Mack must be aware that Darren is there to capture the day in photographs and will be moving around a lot in order to do so and may get in front of, or pass in from of Videographers Cameras. Darren will not be held responsible for any lighting Videographers may use that would effect the final photographs that Darren will produce.
Darren will not be held responsible if the Videographers, or their equipment, such as lighting or cameras, appear in any of the photographs, although Darren will try his best to not capture the vendors or their equipment in the pictures.
Darren Mack will not be held responsible if such Videographers are not willing to cooperate, or give Darren the reasonable amount of space/time he requires. Therefore resulting in Darren Mack being unable to capture the Photographs that have been agreed on by the couple and Darren.
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. 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 permission of the Photographer in writing (see clause 9). The Photographer retains all copyright and reserves the right to use images for the promotion of himself or his business without recourse or compensation to the client.
- Digital Files
Where digital files have been provided as part of the order, they will be provided as JPEG files or DVD slideshow as appropriate, on either CD or DVD. The Photographer is not liable for any incompatibility that may be incurred in playing back such images due to the client’s equipment nor the visual presentation of prints obtained from such files owing to the incorrect use of colour profiling on the client’s or third party’s equipment. Copyright of the Photographer extends to such digital images though a license is granted to the Bride & Groom (or client placing the order) to use them for their own personal use where no monetary gain is involved. Personal use includes, printing images from the file, copying files as a means of securing a backup, publishing images to a non commercial web site and the distribution of images for non monetary gain, e.g. to friends and family. The copying or distribution of files, images and discs outside of this license is in contravention of copyright.
Any complaints should be raised by the Client with the Photographer, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
- Archive images
The Photographer cannot guarantee to secure copies of the images forever; images will be retained by the Photographer for a minimum of three months after the event.
Thank You, Darren