TERMS & CONDITIONS
TERMS & CONDITIONS 2020-
In the following terms & conditions “the photographer”, shall mean Holly Bryan trading as Holly Bryan Photography. “The client(s)” shall be those persons defined as bride or groom 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. Email or direct message are both acceptable. These terms and conditions can always be found on the website and may change without prior notice. It is your responsibility to check the terms and conditions on the website before making an enquiry related to the terms and conditions.
These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
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, Designs and Patents Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means created as part of this contract, without the permission of the photographer/s in writing. Clients can however reproduce, print, display the photographs for personal use.
WEBSITE DISPLAY & PROMOTIONAL USAGE
The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Holly Bryan Photography employees.
The Photographer shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer’s liability (if any) shall be limited to rectifying such defect.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
The Photographer shall be granted full artistic licence in relation to the poses photographed, the location used, and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
PHOTOGRAPHS AND IMAGES
All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Holly Bryan Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Holly Bryan Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Holly Bryan Photography in writing of any discrepancy or error within 14 days of receipt.The photographer will provide a reasonable representation of your wedding day in a digital photo format accessible online and via USB if you have this included in your package. The photographer cannot be held responsible for any images that are missing in your personal view from your wedding. Although Holly Bryan Photography will try to provide an accurate representation of your wedding day in photography, the photographer cannot be held responsible for a photograph that you assume would be taken. In some cases, the photographer may not have been available should something spontaneously happened at your wedding that would she thought should be photographed, in other cases an error by guest may have hindered the photographer’s ability to capture a specific photo. If there is an obvious photo that you had expected, the photographer may have made an error in rare circumstances and will not be held responsible for minimal errors. All group photographs that are expected or requested are to be organised by yourselves or by a guest at your wedding, most commonly an usher. The photographer is not responsible for any group photographs that had not been organised or photographed. Holly Bryan Photography is not responsible for your personal interpretation of your final edited images, Holly Bryan photography will photograph and edit your photos in a similar manor to portfolio images. In some cases, different weather and locations can dramatically change the appearance and editing of images. Holly Bryan Photography will not be responsible for photographic content, people’s expressions, building and decor appearance, and any other content in the images.
Items included in packages, any albums, USB’s, photo boxes, and Guest books must be ordered within 12 months of your wedding date. Any products ordered after 12 months will not be delivered or in rare cases, subject to additional charge’s made at the discretion of Holly Bryan. It is your own responsibility to order any products included in your package within 12 months of your wedding date. Engagement shoots must be booked by the client/s by means of direct contact with Holly Bryan, and take place before your wedding date. It is advisable to make contact with Holly Bryan at least 6 months before your wedding to secure a suitable time and location for the shoot to take place. It is your responsibility to make contact with Holly Bryan and arrange the shoot in a reasonable time before the wedding.BOOKING FEEA minimum non-refundable booking fee of £250 is charged when the client agrees this contract. This fee is deducted (in full) from the total price. The booking fee secures the time and services of the photographer for the wedding and is non-refundable or transferable in the event of cancellation.
The package fee must be paid in full 28 days before the wedding day and scheduled payments made on time. Holly Bryan photography has the right to cancel the wedding photography services without refund of previous payments if payments are missed or fall behind. This will be at Holly Bryan Photography’s discretion if late payment is accepted.
FORCE MAJEURE OR ACT OF GOD
The photographer will endeavour to put the client(s) in touch with another photographer in the event that they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid. If another photographer can be found a refund of £250 will deducted from any remaining balance or refunded if balance has been paid in full. If your wedding is unable to go ahead in any capacity due to flooding, fire, or pandemic, I will transfer any payments paid less £250 to a new date should you reschedule your wedding. If I don’t have the date free, I will refund any payments made less £1000 cancellation fee. Refunds depending on circumstances may have to be paid in several instalments. The size and frequency of these payments may vary. Some force majeure’s may mean my business may no longer be able to trade for long period of time that may see my business have to close. I hope that if this happens my clients will accept a payment plan for refunds so I can continue to trade and pay any debts I have, rather than close and not honour any debts. In some cases, personal wedding insurance and wedding business’s insurance may cover fee’s lost. Pease contact your insurance company.
Cancellation less than 12 months prior to date of the wedding will result in payment in full for the complete photographic coverage booked. Any payments made before cancellation are non-refundable. Weddings are typically being booked between 2-3 years in advance; so it is likely I will have had to turn down many potential bookings for your wedding; meaning a loss in income should you choose to cancel within this timeframe.Where no package has been specified on the booking form, it will be deemed that the client(s) have chosen a package to the value of £1299.00. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. All cancellations must be in writing.
All services and/or goods are supplied at the current prices ruling at the time of each individual payment and are subject to change without prior notice. The photographer is not VAT registered so VAT is not quoted (nor is it charged).
The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as I cannot be held responsible for individual tastes or exceptions. Refunds for package items included are non-refundable, even if you decide part of your package is no longer needed. Albums, photo boxes, USB’s, duplicate albums, and engagement shoots are to be paid for in full if requested upon booking in your package. Your photographs may be held by Holly Bryan Photography until payment in full is given for your package to Holly Bryan Photography. Payments made in advance of your wedding are non-refundable.
CHANGE OF DATE
If you would like to change the date of your wedding a fee of £250 is applied to a new date in addition to your existing package. If we do not have your new date free any payments already made are non-refundable.If you change your date, any discounts that I may offer; will not be applied to your new date. If your new date is more than 12 months from your original date, you may have to re-book your wedding with my current price list for that new date. Wedding dates moved within 12 months of your original date will be kept at the original package price.
If your package includes 2 photographers on your wedding day and in the unlikely event that only one photographer can attend your wedding, you will be issued a refund of £200 off the remaining balance of your wedding package. If you don’t have a remaining balance or your balance is less than £200 to pay, Holly Bryan Photography will issue you a refund of £200 less any outstanding balance within 30 days after your wedding date via bank transfer. The maximum value of a 2nd photographer is £200 and requests for a higher value will not be honoured.
Retouching and artist finishing is available as an optional extra and the final output and finish of any image that is re-touched will be at the photographer’s discretion.
STORAGE OF IMAGES
Original digital images are kept on an active file for one month, after which time the raw images are stored in a secure location (access to these images is solely limited to the photographer). Raw image files are deleted after one month after the photographer has shown the client the final photographs.
Any complaints should first be raised by the client with the photographer in writing within 14 days from the date of receipt of images.
Any albums included in your package can not be later removed from your package unless it is more than 3 months before your wedding with at least 1 weeks’ notice. Any discounts applied to your package for including an album will be reversed should you change your package contents and added to your balance.
Any discounts added to your package will be reversed if you decide to change your package details. Package details cannot be change in less than 3 months before your wedding and without at least 1 weeks’ notice.The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Holly Bryan, trading as Holly Bryan Photography; is fully insured in all capacity with Hiscox Limited. I always highly recommend wedding insurance to help protect any payments you have made or going to make towards your wedding. Make sure you read the terms and conditions of wedding insurance and always get copies of receipts from all your wedding suppliers. Thank you both again for booking me to photograph your wedding day, I am very excited to be part of your wedding and looking forward to sharing your images with you.