Please read these Terms and Conditions in full, as they form the contract between you and the Photographer. Once read and understood, please confirm your agreement by entering your details below. Thank you.
Thank you for booking Jacqui Dunbar Photography to document your Wedding Day. We are delighted to work for you and look forward to providing you with the highest standard of service & quality images.
Please read the following Terms and Conditions carefully, as they form the contract between you and the Photographer.
In the following Terms & Conditions “the Photographer" shall mean Jacqui Dunbar trading as Jacqui Dunbar Freelance Services and “the Client(s)” shall be those persons defined on the booking form. These Terms and Conditions cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer, in writing.
1. Securing your Booking/Retainer Fee:
To secure the booking, the Photographer must receive the completed Terms & Conditions along with payment of the Retainer Fee. Once both are received, the booking is secured in the Photographer's diary. The Retainer Fee is 25% of the total booking, and this secures the time and services of the Photographer for the Wedding. This fee is non-refundable or transferable if cancelled by the Client - this being the agreed loss suffered by the Photographer due to cancellation. Weddings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.
2. Balance of Payment:
The balance of payment is due no later than 14 days prior to the Wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images/products are to be made at the time of ordering.
3. Storage of your Information and Images:
In accordance with GDPR, the Photographer wishes to notify you that she will keep all information/data relating to your enquiry/booking for a period of 6 years, after which time this will be deleted. This includes all correspondence (emails or other recorded methods of communication) and paperwork (completed Booking Form, Terms & Conditions, etc). These documents are stored within a password protected computer system and where handwritten, these are stored within a lockable storage unit. All images are backed up on separate External Hard Drives. The Photographer may keep images for portfolio, marketing and advertising purposes beyond the 6 year period.
4. Event Arrangements:
The details of the Wedding are as recorded on the Booking Form. The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service unless any changes are received, and acknowledged in writing.
5. Photographer Breaks/Meals:
Where the Photographer is covering a Wedding over 5 hours, there is a request that the client provides the Photographer with a vendor's meal. If this is not included the Photographer has the right to take a 1 hour break to arrange food for herself.
6. Artistic License and Coverage:
The Photographer shall be granted artistic license 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 deemed correct. The Photographer will do everything possible to capture the full range of images requested. However, due to the vagaries of the weather, the venue and the willingness of subjects, it may not be possible to capture all the images requested.
7. Attendance:
In the unlikely event of the assigned Photographer being unable to attend your Wedding due to unforeseen circumstances, we will do everything we can to find another photographer to attend on our behalf to undertake the required photography to his/her best ability.
8. 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 e.g. natural disaster etc.
9. 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.
10. Images:
All image sizes are nominal. The Photographer 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.
11. Retouching & Digital Manipulation:
The Photographer will provide the Client with natural images that capture the likeness of all subjects. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct.
Anything beyond this level of adjustment is considered as Advanced Editing. Retouching, digital manipulation and artist finishing is available to the Client as an option - at extra cost - however it may require to be outsource to another company for completion.
12. Copyright, Reproduction Rights and Ownership:
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's License to Use Agreement. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the License to Use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the License to Use Agreement.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Ownership:
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
13. Privacy and Sharing/Displaying Images:
In accordance with the General Data Protection Regulations (GDPR), the Photographer is committed to giving you more choice over how they display/share your images on social media/website/blog etc. Clients often like to see a preview of a small selection of images shortly after their wedding. The Photographer currently uses Facebook and Instagram as platforms for sharing images of work undertaken. The Photographer also features a range of images on her website and blog. At the end of the contract you will see check boxes that allows you to specify which platforms you give permission to share images on.
You have the right to change your mind and remove your permission at any time. To do so, please send an email to info@jacquidunbar.com detailing which images you wish removed and from which platform.
14. Password Protected Gallery:
All password protected galleries will be open for 1 month from the date of client receiving log in details. Where applicable please ensure you download your images within the 1 month period, after which time the gallery will be removed to create space within the system. We recommend you create a back up of your images in the event of a hardware malfunction. If for any reason you require your images to be uploaded again there will be a £125.00 charge.
15. Replacement USB's:
We recommend you create a back up/create a copy of the images you receive from the Photographer on the USB. In the event of the client losing the supplied USB, a replacement can be purchased at the cost of £125.00.
16. Reorders:
All reorders or new products e.g. Wedding Albums etc shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
17. Cancellation:
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. Cancellation less than 2 weeks before the Wedding will result in the payment in full becoming due. All cancellations must be in writing.
18. Governing Law:
This agreement shall be governed in accordance with the laws of Scotland.
19. Documents Additional To This Contract:
The following documents form part of this contract;
1. Booking Form (prior to event)
2. Licence of Use Agreement (provided with Images)
3. Permission to Print (provided with images)
20. Complaints:
The Photographer wants you to be happy with the service and products you receive. However you have a right to complain if you are not satisfied. Any complaints should first be raised by the Client with the Photographer, in writing within 21 days from the date of receipt of images and or any products. Every effort will be made to find a suitable resolution in a timely and professional manner. However, arbitration is available through the National Photographic Society if required.
Please read the following Terms and Conditions carefully, as they form the contract between you and the Photographer.
In the following Terms & Conditions “the Photographer" shall mean Jacqui Dunbar trading as Jacqui Dunbar Freelance Services and “the Client(s)” shall be those persons defined on the booking form. These Terms and Conditions cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer, in writing.
1. Securing your Booking/Retainer Fee:
To secure the booking, the Photographer must receive the completed Terms & Conditions along with payment of the Retainer Fee. Once both are received, the booking is secured in the Photographer's diary. The Retainer Fee is 25% of the total booking, and this secures the time and services of the Photographer for the Wedding. This fee is non-refundable or transferable if cancelled by the Client - this being the agreed loss suffered by the Photographer due to cancellation. Weddings that are postponed to a later date will retain the fee as long as the Photographer can re-schedule for the new date and time.
2. Balance of Payment:
The balance of payment is due no later than 14 days prior to the Wedding. No photographs will be delivered until all payments due have been paid in full. Payment for additional images/products are to be made at the time of ordering.
3. Storage of your Information and Images:
In accordance with GDPR, the Photographer wishes to notify you that she will keep all information/data relating to your enquiry/booking for a period of 6 years, after which time this will be deleted. This includes all correspondence (emails or other recorded methods of communication) and paperwork (completed Booking Form, Terms & Conditions, etc). These documents are stored within a password protected computer system and where handwritten, these are stored within a lockable storage unit. All images are backed up on separate External Hard Drives. The Photographer may keep images for portfolio, marketing and advertising purposes beyond the 6 year period.
4. Event Arrangements:
The details of the Wedding are as recorded on the Booking Form. The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service unless any changes are received, and acknowledged in writing.
5. Photographer Breaks/Meals:
Where the Photographer is covering a Wedding over 5 hours, there is a request that the client provides the Photographer with a vendor's meal. If this is not included the Photographer has the right to take a 1 hour break to arrange food for herself.
6. Artistic License and Coverage:
The Photographer shall be granted artistic license 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 deemed correct. The Photographer will do everything possible to capture the full range of images requested. However, due to the vagaries of the weather, the venue and the willingness of subjects, it may not be possible to capture all the images requested.
7. Attendance:
In the unlikely event of the assigned Photographer being unable to attend your Wedding due to unforeseen circumstances, we will do everything we can to find another photographer to attend on our behalf to undertake the required photography to his/her best ability.
8. 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 e.g. natural disaster etc.
9. 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.
10. Images:
All image sizes are nominal. The Photographer 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.
11. Retouching & Digital Manipulation:
The Photographer will provide the Client with natural images that capture the likeness of all subjects. All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct.
Anything beyond this level of adjustment is considered as Advanced Editing. Retouching, digital manipulation and artist finishing is available to the Client as an option - at extra cost - however it may require to be outsource to another company for completion.
12. Copyright, Reproduction Rights and Ownership:
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client on the understanding that all invoices are paid within the Photographer's stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on the Photographer's License to Use Agreement. An agreement must be reached with the Photographer before the pictures are used for a different purpose or after the License to Use has expired. The Photographer reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on the License to Use Agreement.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
Ownership:
All original negatives, transparencies and digital files created by the Photographer remain the property of the Photographer. The Photographer will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
13. Privacy and Sharing/Displaying Images:
In accordance with the General Data Protection Regulations (GDPR), the Photographer is committed to giving you more choice over how they display/share your images on social media/website/blog etc. Clients often like to see a preview of a small selection of images shortly after their wedding. The Photographer currently uses Facebook and Instagram as platforms for sharing images of work undertaken. The Photographer also features a range of images on her website and blog. At the end of the contract you will see check boxes that allows you to specify which platforms you give permission to share images on.
You have the right to change your mind and remove your permission at any time. To do so, please send an email to info@jacquidunbar.com detailing which images you wish removed and from which platform.
14. Password Protected Gallery:
All password protected galleries will be open for 1 month from the date of client receiving log in details. Where applicable please ensure you download your images within the 1 month period, after which time the gallery will be removed to create space within the system. We recommend you create a back up of your images in the event of a hardware malfunction. If for any reason you require your images to be uploaded again there will be a £125.00 charge.
15. Replacement USB's:
We recommend you create a back up/create a copy of the images you receive from the Photographer on the USB. In the event of the client losing the supplied USB, a replacement can be purchased at the cost of £125.00.
16. Reorders:
All reorders or new products e.g. Wedding Albums etc shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
17. Cancellation:
The Client may cancel this contract at any time by giving written notice to The Photographer but in doing so shall forfeit any monies paid. Cancellation less than 2 weeks before the Wedding will result in the payment in full becoming due. All cancellations must be in writing.
18. Governing Law:
This agreement shall be governed in accordance with the laws of Scotland.
19. Documents Additional To This Contract:
The following documents form part of this contract;
1. Booking Form (prior to event)
2. Licence of Use Agreement (provided with Images)
3. Permission to Print (provided with images)
20. Complaints:
The Photographer wants you to be happy with the service and products you receive. However you have a right to complain if you are not satisfied. Any complaints should first be raised by the Client with the Photographer, in writing within 21 days from the date of receipt of images and or any products. Every effort will be made to find a suitable resolution in a timely and professional manner. However, arbitration is available through the National Photographic Society if required.
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