TERMS AND CONDITIONS OF BUSINESS

“The photographer” or “we” are: Carine Bea Photography 27 Domelton House SW182AF London- UK

“You” are The customer or customers that received the proposal (where more than one person, shall be jointly and severally liable).
(“Client”)

1. DEFINITIONS

In this agreement:
“Assignment” means the project of work, goods and services set out in the proposal.
“Booking Fee” means the sum paid by the Client at the commencement of the Assignment to secure the date of the delivery of the Services for and at the Event, and to allow the photographer to commence work under the Assignment.
“Event” means the event where the Services are to be delivered by the Photographer.
“Fees” means money paid, or owed to the Photographer by the Client for the Goods and Services
“Goods” means any goods supplied to you as part of the Assignment and includes Images.
“Images” are the digital, film, photo or other images in all formats, edited or unedited, that the Photographer creates as part of the Assignment.
“Services” means the photographic, editing and other services we supply as part of the Assignment
“Terms” means these Terms and Conditions that form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by Carine Bea Photography (also called “the Photographer”) in writing.

2. PAYMENTS

2.1. The price for the Assignment is set out in our proposal. There is no VAT. This price includes attendance at the Assignment and all the Images sent to the Client during and after post Event, by email with a link directly to an online gallery. The price includes any expenses that will be incurred by the Photographer.
2.2. A Booking Fee of £400 shall be paid upon entering this agreement and the Photographer’s invoice for the Booking Fee will follow – please refer carefully to Clause 3.
2.3. The final payment of the remaining balance of Fees, plus any expenses shall be paid no less than 10 days before the Event.
2.4. In the event that the Client requires any additional post Event Services to be undertaken (for example, in Photoshop or similar), post events goods (e.g. reprints, albums etc) then additional Fees will be levied which shall be agreed between the parties before any Services are undertaken.

3.CANCELLATIONS

3.1. Once the Booking Fee has been paid, the Assignment can be cancelled by either party in writing or by email, subject to the matters set out in this clause.
3.2. If the Photographer cancels the Assignment, the Fees paid will be repaid to the Client within 14 days of cancellation, and no further sum or compensation will be payable to the Client by the Photographer arising from such cancellation.
3.3. If the Client cancels the Assignment within 14 days of entering into this agreement, then the Booking Fee shall be repaid to the Client in full.
3.4. If the Client cancels the Assignment more than 14 days after entering this agreement but more than 120 days before the Event the Booking Fee is forfeited and will not be repayable to the Client under any circumstances. No further Fees shall be paid by the Client.
3.5. If the Client cancels the Assignment less than 120 days but more than 30 days before the Event then 30% of the balance Fees are payable immediately (less any Fees already paid) and any paid as at the date of cancellation are forfeited and are non-refundable in their entirety.
3.6. If the Client cancels the Assignment less than 30 days before the Event, then 100% of the balance Fees are payable immediately (less any Fees already paid) and any paid as at the date of cancellation are forfeited and are non-refundable in their entirety.
3.7 Should the cancelled wedding turn out to be a postponement, then subject to availability on a new date, monies other than the booking fee may be applied to the new wedding. In the event of the photographer having to cancel photographing the wedding, due to illness, accident or act of God, any fees paid, including the deposit, will be returned to the Client. In this instance, the photographer will also do her utmost to provide an alternative photographer at the same level and quality, from her list of professional contacts.


4.COPYRIGHT

4.1. The Client acknowledges that the Photographer owns all rights, title and interest in and to the Images and that the Client has no right to use any of the Images save as set out in the Terms. Fees paid to the Photographer include a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid the Photographer all Fees due under this agreement.
4.2. The licence is personal, irrevocable, non-transferable and non-sub-licensable. The licence specifically allows the Client to use Images on a website, on social media channels, in other digital format or in print form and to share extensively through such channels, subject to the Client acknowledging the Photographer’s rights and ownership of the Images when shared digitally. Where Images are provided with the Photographer’s watermark, no additional written acknowledgement will be required. The licence does not allow the Client to use the Images for any commercial purposes.
4.3. So far as any goodwill is generated by the Client’s use of the Images it shall accrue to the benefit of the Photographer.
4.4. The Photographer reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.
4.5. The Client must not use Images for commercial use, and must not provide Images to third parties for commercial use, including other Event suppliers. The Client should direct any Image requests from Event suppliers or third parties directly to the Photographer.
4.6 The Client warrants that they have obtained all model rights and location permissions necessary to enable the Photographer to carry out the Assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of an Image of any person or thing at the Event.
4.7. The Client agrees that the Photographer may use their model rights in the form of Images taken in this Assignment, only to market their business as a photographer.

GENERAL TERMS

WEATHER AND/OR DELAYS- Weather permitting, the photographs will be taken as agreed. In the event of inclement weather the Photographer, in co-operation with the Client, will make the necessary changes to the schedule and will do her best to produce coverage of the wedding within the time allocated to her. Similarly, when delays occur due to circumstances beyond her control, the photographer will stay on beyond the agreed time but may charge a small additional fee for the extra time involved.


COVERAGE
the Photographer cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time, nor by restrictions placed on the photographer by officials of the church, register office or licenced marriage venues. The Photographer does not guarantee any specific picture nor include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The photographer is limited by the guidelines of the ceremony official or reception site management. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. The total coverage time is as stated on the booking document.

YOUR PHOTOGRAPHS
Reprints or additional prints of photos not included in the proposal may be ordered at a further cost. Albums or other Goods post Event are also available at extra cost. A guide to these prices can be given at the time of booking.
To create your client gallery, the Photographer will perform a “regular” and basic edit on the Images, including correcting colour balance, and exposure level, adjusting contrast, and cropping to the best of their abilities. A handful of close-up portraits can also be treated for blemish removal.
This “regular” editing does not include special effects, de-ageing or portrait improvements, and such extra work is chargeable per hour as additional Fees.
There is no guarantee given that any Image can be edited to particular requirements, but the Photographer will use their best endeavours to meet any reasonable requests.
The Photographer’s approach is photojournalistic, relaxed, and creative. As such, the Photographer works in a free-flowing manner to best provide you with Images that represent the Photographer’s style and approach.

The Client should ensure that they have thoroughly inspected the Photographer’s portfolio and any sample images supplied by the Photographer in order that they may assess the Photographer’s style, consistency, quality and working methods. The Client agrees that having performed such due diligence they are happy that the Photographer’s body of work suits their individual requirements.


DELIVERY TIMES
Online Photographs: Photographs will be uploaded to your online gallery within 5-7weeks from the event day.
Where digital files for Images are provided, the Client is responsible for ensuring that the digital files are safely stored upon delivery or collection, and the Photographer is under no obligation to store or maintain copies of the digital files or Images for more than 4 years after the Event.

TRAVEL
All travel within France, Netherlands, Scotland, Belgium, Germany, Austria and Italy is encompassed within the designated packages.

The Photographer will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made (in Contract or in Tort) the Client may be entitled only to a refund of the Fees or part of the Fees.

The photographer is fully insured.