General
It is agreed that the terms set out here are 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
Special Requests/Coverage
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.
Any special requests not notified on booking must be made by the client to the photographer/s in writing
The Photographer
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
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 digital media the exact colour as seen by the human eye.
Retouching
Retouching, digital manipulation and artist finishing is available to the client as an optional extra except where noted.
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. 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/s in writing. Any breaking of seals in the viewing album will presume a breach of copyright
Negatives/Digital Files
Negatives/digital files remain the property of the photographer/s.
Licence
The photographer/s shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer/s’ judgement regarding the locations/poses and number of images taken shall be final. 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.
Previews
Although the photographer will do his best to produce more proofs/preview prints than set out in the brochure/as discussed with the client, there is no guarantee that any particular number of proofs/preview prints will be produced.
Display
The client hereby allows the photographer/s to display any images included in this contract in their studios, portfolios, literature, wedding, exhibitions and advertising. No use of the images will be made by the photographer/s for other commercial reason except with the written permission of the client.
Cancellation
The client may cancel this contract at any time by giving written notice to the photographer/s but in doing so shall forfeit any monies paid. Should cancellation be received by the photographer/s less than weeks prior to the date of the ceremony, the client shall in addition pay a sum equal to % of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer/s would suffer.
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.
Complaints
Any complaints should be raised by the client with the photographer/s, 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. In the event that agreement cannot be made both parties agree to binding arbitration by the Society of Wedding and Portrait Photographers,
Booking your session or studio hire
You may book your session or studio hire by phoning us direct on 01296 615631. Alternatively you can pay a deposit online using the buttons provided and we will contact you to arrange a time and date suitable for yourself.
You can email us on sales@immortaleye.co.uk or via our online form. WE will then get back to you to arrange a suitable time and date. At this time we will take a booking fee to reserve your session and where required makeup artist.
Cancellations of studio hire or photographic sessions
We do appreciate life does not always go to plan. If you wish to cancel your studio hire or photographic session please let us know as soon as possible so we can try and re book the studio. Cancellations with 3 days notice or more will not incur any charge and any payments taken will be refunded. Sessions or studio hire cancelled with less than 3 days notice will result in the loss of any booking fee taken. Where a studio hire is cancelled with less than 24 hours notice you will be liable to paying the full hire price agreed.
At our discretion we may rebook a session or studio hire for a later date and carry over any payments already made to the new booking.
Refunds
If you have purchased a gift voucher or experience session from us you no longer require we will refund your money on the following conditions.
- Any gift certificate you were issued is returned in good condition to ourselves.
- The session has not already been booked. (In which case see our cancellation terms above)