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Konjo Photo & Film
Terms & Conditions

Terms & Conditions

In the following conditions of the contract "the photographer/videographer(s)" shall mean Donna Reid trading as Konjo Photography & Videography or any photographers/videographers appointed by Donna Reid.

"The client(s)" shall be those whose name(s) appear on the contract. If the client(s) arranges for a third party to meet the costs of this contract, the contract remains with the client(s). The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer/videographer(s) in writing.

Copyright

The Copyright Designs and Patents Acts assign the copyright of the images to the photographer/videographer(s). It is therefore contrary to the Acts, and illegal, to copy, or allow to be copied, by any means photographic, by computer, or the internet or

otherwise, by any person or machine, other than by the photographer/videographer(s).

Display

The client(s) hereby allow(s) the photographer/videographer(s) to display any photograph/footage covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, venue, and other vendor samples, and other such material, providing that the images/media used are used lawfully and without damage to the client(s). Images placed in password-protected galleries within the website are not available to the general public in the normal course of events.

Licence, Coverage & Reproduction

a)

The photographer/videographer(s) shall be granted an artistic license in relation to the poses photographed and the locations used. The photographer/videographer(s) judgment regarding the location, poses, and the number of photographs/footage taken shall be deemed correct.

b)

Photographs/footage taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s)

requirements.

c)

The photographer/videographer(s) shall endeavor to photograph/film all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer/videographer(s) on the occasion of leaving somebody out.

d)

For a booking involving a church ceremony or at certain venues, the photographer/videographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer/videographer(s) is able to cover the ceremony may not be the photographer/videographer(s) choice and the photographer/videographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing/filming of parts or even all of the ceremony may be

restricted or prohibited. Some church's add on additional fees to record the audio from the ceremony. If they ask for a generic PRS license then Konjo Photography & Videography will supply this, however, anything else is the client(s) responsibility.

Client(s) are strongly advised to check with the appropriate official before signing this contract.

e)

For a wedding or other event booking, the photographer/videographer(s) shall endeavor

to capture all the moments throughout the day as they occur.

However, because of the fluid and live nature of the event, some moments might not be recorded, or not recorded for logistical reasons.

f)

Raw photos or footage is not available to the client(s) under any circumstances. Ceremony and speeches are filmed using one camera angle, these are filmed as they happen and no one image, scene, or sequence shall be deemed to be more important than any other image, scene, or sequence.

g)

Due to a variety of lighting conditions, some colours may alter throughout a set of photographs/footage.

h)

Although all equipment is checked regularly, serviced and reasonable steps are taken to ensure backup equipment is available, the photographer/videographer(s) will

not be responsible for photographs/footage that is not produced due to technical failure, either at the shooting or processing stage.

Payments

a)

A non-refundable retainer (paid by cash, cheque, or online bank transfer) along with a completed booking form and contract will confirm your booking. Your booking is NOT secured without these. The retainer forms part of the total cost of the fee (i.e. it is NOT in addition to the cost of the fee) and is deducted when calculating the final balance due. The retainer is refundable during your 14 days “cooling off” period. Payment for the photographic coverage is due in full NO LATER THAN FOUR WEEKS prior to the contracted date. You MUST allow sufficient time for cheque clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s).

b)

All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high-resolution long-term galleries, and any other services ordered after the event.

c)

Title to all goods remains with Donna Reid / Konjo Photography & Videography until paid for in full by the client(s).

d)

Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer/videographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer/videographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the photographer/videographer(s) are not liable to compensate the client(s) in any way whatsoever.

Item description

Force Majeure

a)

The due performance of the contract is subject to alteration or cancellation by the

photographer/videographer(s) owing to any cause beyond their reasonable control (e.g sudden illness/injury/victim of crime, flooding).

b)

The photographer/videographer(s) may contact other photographers/videographers in the event that they are not able to attend your booking. However, it may prove

difficult or impossible to find a skilled replacement photographer/videographer at short notice or at the same price.

c)

In the event of cancellation by the photographer/videographer(s) or in the unlikely

event of total photographic failure (although re-shoots may be arranged if practicable) – the photographer/videographer(s) will not be responsible for costs in order to stage re-shoots.

The photographer/videographer(s) liability shall be limited to a full refund of any deposits and fees paid.

Liability for Digital Files & Products

a)

Photographs and footage shall be kept for ONE (1) year from the wedding date at one site.

b)

Client(s) are responsible for making back-ups of their media. Should digital media be lost, damaged, or destroyed the photographer/videographer(s) holds no responsibility, however, will replace them but only at a cost to the client(s).

All media is erased 12 months after the wedding date, copies, prints, or anything else will not be available after this time.

c)

If the clients do not choose their images for the album within 6 months of receiving them, the photographer reserves the right to select images and then print the album without the client(s) approval. Only images taken by Konjo Photography will be printed in the album, guests photos will not be included. Any product supplied will be at the sole discretion of the photographer(s) and forwarded to the last known address of the clients.

d)

No refunds will be made on products ordered, they are customised to the client(s) request.

Cancellation Fees

If the Client(s) wishes to cancel the booking after the 14-day cooling-off period the retainer is non-refundable. If the client(s) cancel the wedding within 1 month of the day and full payment has been made, a refund of your full payment will only be made available should Konjo Photography & Videography manage to rebook the date.

Privacy

Donna Reid / Konjo Photography & Videography may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.

Governing Law

Any contract made between the photographer(s)/videographer(s) and the client(s)

shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the jurisdiction of the English courts.

Insurance

The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation

On The Day

a)

The photographer/videographer is the only authorised photographer/videographer for the day. Other professional photographers/videographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents, contracted by magazines or newspapers), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.

b)

An inconsiderate guest can wreck the documentation of your special day and we will speak with the guest or bride or groom or coordinator if appropriate. Coverage may be canceled without warning at the discretion of the photographer/videographer if the photographer/videographer feels threatened or has reason to believe that equipment may be damaged.

c)

The photographer(s)/videographer(s) and the client(s) agree to cooperate and communicate with each other to achieve the best possible results within the understanding of this contract. The client(s) also agree to give the photographer(s)/videographers(s) sufficient warning of key events such as, but not limited to bouquet throwing, the first dance to give the photographer(s)/videographer(s) time to prepare.

d)

Most of your guests will have a digital camera of some variety. In the spirit of cheerful cooperation, the client(s) agree to give the photographer(s)/videographer(s) precedence over the guests in order for us to be able to capture the photographs/footage required.

Konjo Photography & Videography will not be held responsible for a guest stepping in front of the camera and ruining a key moment.

After The Day

a) Konjo Photography & Videography will upload preview photos where the client(s) has booked photography within a couple of days of the event to social media. The client(s) can opt-out of this if requested.

b) Photo & Videos will be edited and shared with the client(s) via an online delivery method within 16 weeks from your wedding day. If you are having a USB it will be sent out shortly after receiving your digital images.

Albums

a) Any order of an album must be paid for in full before customisation will begin.

b) Once your order is placed and confirmed, you will have up to 6 months to choose the images for your album. If you do not choose them after this time, we will select and design the album without your prior consent.

c) Once we have received your image choices we will design and send you a digital proof within 2 weeks.

d) You have up to 3 revisions to make any changes you wish to the digital preview.

e) Once you have approved your order it will be sent for printing. At this point, NO AMENDMENTS can be made.

f) You will be contacted within 4 weeks of your order being placed to arrange collection/delivery of your product.

g) No refunds are available for albums or any customised order. All of the products are quality checked personally by myself however if you do find an issue with your product, I will raise it with the supplier and get a replacement asap. This will usually take around 6-8 weeks.

h) Only photos that were taken by Konjo Photography will be included in the album, this means no guest photos will be included.

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