Terms and Conditions for all Wedding Bookings
J A Houston Photography Terms and Conditions
All of your photographs are a mix of candid/natural family and posed photography, as per the package you booked all of the details can be viewed at:
1. **Copyright Ownership:** The copyright for all the wedding photographs provided remains with the photographer, Jacqui Houston These images are protected by copyright laws, and you are granted a limited, non-exclusive license to use them for personal purposes only. You have full copyright to have the images printed, but all editing rights remain with the contractor.
2. **Non-commercial Use:** You are permitted to use these photos for personal purposes such as sharing them with friends and family, creating albums, and making prints for your own use. Any commercial use, including selling or using these photos for promotional purposes, is strictly prohibited without prior written consent from the photographer.
3. **Editing Style:** All of the editing included in the package has been carried out to the photographer's style, which you agreed to and trusted when booking. Any further editing or alterations beyond what was initially agreed upon will be at the photographer's discretion and may be subject to a chargeable rate.
4. **Alterations and Edits:** Please refrain from altering, cropping, or editing these photographs in any way that may damage the integrity of the original work.
5. **Crediting the Photographer:** When sharing these images on social media or any public platform, please credit the photographer by mentioning "[Photographer's Name]" and, if applicable, tagging their social media handles.
6. **Privacy and Consent:** Ensure that you have obtained the necessary permissions and consents from the couple and anyone featured prominently in these images for sharing or using the photographs.
7. **Coverage and Limitations:** The Contractor 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, registrar’s office, or licensed marriage venues. The Contractor does not guarantee any specific picture, nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The Contractor is limited by the guidelines of the ceremony official or reception site management. The Contractor is not responsible for any issues with hair, makeup, dresses, and outfits due to weather or issues with the suppliers who provided the services.
8. **Image Viewing:** The Contractor can also not be held responsible for how you view your images and on what screen or device. All the images have been edited on a retina screen, and that is how they will be printed at full resolution.
9. **Liability:** Jacqui Houston and J A Houston Photography shall not be held liable for any issues arising from the use or distribution of these photographs. It is your responsibility to use them in compliance with all applicable laws and regulations.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
In the event of the Client cancelling a booking for wedding photography all deposits paid will be non-refundable.
In the event of the wedding being cancelled or postponed 6 months or less before the wedding date the Contractor reserves the right to be paid the balance in full. In such circumstances any payments already made are deemed non-refundable.
Should the initial cancelled wedding date be due to a postponement, then subject to availability on a new date, monies already paid, other than the first deposit, may be applied to the new wedding.
WEATHER AND/OR DELAYS
Weather permitting, the photographs will be taken as agreed. In the event of poor weather, the photographer, in co-operation with the Client, will make the necessary changes to the schedule and will do their best to produce coverage of the wedding within the time allocated. Similarly, when delays occur due to circumstances outside the Contractors, the photographer will ‘stay on’ beyond the agreed time but may charge a small additional fee for any extra time involved.
The Contractor endeavor to respond to requests for additional specific photographs, subject to the following: weather and time permitting; availability and the co-operation of the person(s) concerned.
The Contractor 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, registrar’s office or licensed marriage venues. The Contractor does not guarantee any specific picture, nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The Contractor is limited by the guidelines of the ceremony official or reception site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. The Contractor will offer technical recommendations only.
COLOUR MATCHING & SIZES
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Contractor will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
MODIFICATION OF AGREEMENT
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
TIME OF THE ESSENCE
Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
This Agreement will be governed by and construed in accordance with the laws of Scotland.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.