Copperleaf Photography - Terms & Conditions

In the following Terms and Conditions:

“Business” refers to Copperleaf Photography.

“Client” refers to the person booking the photographers and named in the Contract.

"Parties" refers to the "Client" and the "Business".

“Event” refers to the wedding day for the extent of the time for which the Photographers are booked.

“Photographer” refers to Copperleaf Photography or their appointed substitute.

“Products” refers to any digital downloads, USBs, and other items listed in the Contract.

“Services” refers to photography to be carried out at the Event and delivery of the finished product detailed in the Contract.

Entire Agreement:

The Client and the Photographer agree and acknowledge that this Agreement and the Contract represents the entire agreement between them. In the event that the Clients or Photographer wish to add, delete, or modify any terms, they shall do so in writing to be signed by both parties. Without both signatures, any changes will be invalid.

It replaces in full any previous or ongoing agreements between the parties.

The Client remains as detailed in the contract regardless of who pays for the services.

In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.

Any agreement to waive one or more provisions of this agreement or any failure by one or both Parties to enforce a provision of this agreement does not constitute a waiver of any other portion or provision of this agreement.
Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.

Payments:

The Client agrees to retain Copperleaf Photography by signing the Wedding Photography Contract and paying a booking fee equal to no less than 25% of the total fee. The Client acknowledges that no reservation can be made prior to the signing of the contract and the payment of the booking fee in cleared funds.

The Parties acknowledge that the booking fee is non-refundable or transferable in the event of cancellation or postponement by the Client.

Following payment of the booking fee, the balance of fees owed is to be paid as follows:

The remaining balance is due a minimum of 30 days prior to the event.

Payment for any additional images or products must be made at the time of order.

Failure to make payment by the dates stated may result in cancellation.

No photographs or albums will be delivered until all payments have been received and cleared in full.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

Licence and Coverage:

Copperleaf Photography will be the sole and exclusive photographer for the event.The Photographer is responsible for bringing any equipment or assistants necessary to conduct the services outlined in the contract.

The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients requirements, the Photographers judgement regarding the location, poses and number of photographs taken shall be deemed correct and not subject to dispute.

The Client agrees to prevent any other photographers at the event from interfering with the Photographer in their performance of their duties. This includes wedding guests and other individuals carrying out photography tasks.

The Photographer will not be held liable for compromised event coverage due to interference from other parties or circumstances, including ceremony officials, late arrivals by members of the wedding party or their guests, or environmental issues, such as poor event lighting, space, or backdrops.

Whilst the Photographer shall endeavour to fulfill the Clients requirements, the Photographer cannot be held liable for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Image and Reproduction:

All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer and may be subject to slight variation.

Whilst every effort will be made, the Photographer cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor.

Where images are made available for use on a USB device, reasonable steps are taken to ensure compatibility, but you acknowledge that USBs may not play on all devices including and not exclusive to computers.

Only quality branded USBs are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage. The Photographer cannot be held responsible for damage to equipment resulting from defective media.

Further Orders:

All further orders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

Products:

In the event a product is no longer available a suitable alternative of similar quality will be offered. The Photographers’ choice of an alternative will be deemed as correct and acceptable to the Client. Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client.

Digital Media:

The Clients acknowledge that Copperleaf Photography maintains archives of images and footage for no more than six calendar months after the Event. It is the Client’s sole responsibility to request any desired products within that time.

Ownership:

All images shall remain the sole property of the Photographer at all times.

All completed albums and products shall remain the property of the Photographer until full payment is received.

Copyright:

Any images or copies of images stored digitally or otherwise are protected by the Copyright and Design Act 1988 and remain the copyright of the Photographer at all times unless there is express written agreement to the contrary.

Unauthorized Reproduction:

It is contrary to the Copyright and Design Act 1988 to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer. The Client agrees not to reproduce or modify the images or footage provided by the Photographer without first obtaining a formal written release signed by the Photographer.

Should the Photographer discover any violations to this agreement, legal action may be taken against the Client.

Model Release:

The wedding photography contract serves as a model release form. This grants the Photographer the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes. The Clients waive the right to inspect any images produced using the images or footage from the events detailed in the contract, and the right to restrict the use of the images or footage from the listed events by the Photographer.

Substitution:

In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Copperleaf Photography reserves the right to appoint another suitable Photographer to attend the Event on our behalf to undertake the photography to his/her best ability.

Insurance & Limitation of Liability:

The Photographer will maintain Public Liability and Professional Indemnity insurance at all times. However, 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 any direct or indirect loss.

Force Majeure:

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.

For the avoidance of doubt, it does not include circumstances where the Photographer attend an Event to perform the Services and any of the Parties fail to attend.

Coronavirus and other Sickness:

The due performance of this contract is not subject to alteration or cancellation by the Client due to foreseeable and unforeseeable illness. This includes but is not limited to Coronavirus and conditions pre-existing at time of booking.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer and should be agreed in writing.

Any refunds offered due to Client illness is at the discretion of the Photographer.

The Parties acknowledge that the booking fee is non-refundable or transferable in the event of cancellation by the Client for whatever reason.

Conduct:

The Client acknowledges that they are responsible for ensuring appropriate behavior by their guests, wedding party, and other vendors. In the event that the Photographer identifies any inappropriate, threatening, hostile, or otherwise offensive behavior directed at them, their assistants, or their equipment, the Photographer reserves the right to end coverage of the event, retain all fees paid by the Client, and hold no further responsibilities to the Clients.

The Photographer agrees to notify the Client of the above listed behaviors, and give them an opportunity to correct such behaviors, or remove the offending individuals from the venue prior to ending Photographer’s work.

Cancellation:

If the Photographer should be unable to provide the goods and services outlined in the contract for any reason, Copperleaf Photography agrees to refund any fees paid by the Client, minus applicable expenses, and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to photographs or other materials after the event. The sole remedy for any actions or claims resulting from the Photographers inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid by the Client to Copperleaf Photography.

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer. In such circumstances, the Client will be liable to pay the Photographer the following sums:

Notice received 60 days or more prior to the wedding date: Booking Fee only.
Notice received less than 60 days but more than 14 days: 50% of the agreed balance due will be payable.
Notice received 14 days or less: 100% of the agreed balance will be payable.

Where no package has yet been selected, the agreed balance will be accepted as being £450 and the date of cancellation will be deemed to be the date the Photographer receives written Notice of Cancellation, as confirmed by the Photographer.

Where an Event is postponed until a later date, the postponement will be treated as a cancellation and the booking fee retained by the Photographer. If the Photographer is able to accommodate the new date, a new contract will be issued and a new booking fee becomes payable. Where the Photographer is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer is not liable to compensate the Client in any way whatsoever.

Complaints:

All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint.

Notices:

Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

Governing Law and Jurisdiction:

All parties agree that any dispute arising from this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.