It is mutually agreed that the following terms of agreement form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both Emmie Scott Photography and the Client, in writing.
WEDDING PHOTOGRAPHY COST: The total cost stated on the contract for your wedding photography consists of two separate parts:
PART 1: is a booking fee (reservation fee of 40% of the total package), which is non-refundable (explanation of the booking fee below).
PART 2: is the balance fee, payable on the first of the month, one month before the wedding date, which is the main payment for the photography and subsequent processing and delivery of the images.
The booking fee (part one, as above) covers the ongoing costs of running the business. These costs include, but not limited to, business insurance, memberships of professional associations, advertising and the costs of any contact before the wedding. Once paid, Emmie Scott Photography is committed to your wedding date, so would be unable to re-sell or offer it to another couple. Hence the need to cover these costs regardless of whether a booking completes or is cancelled.
EXCEPTIONAL CIRCUMSTANCES (aka Acts of God or Force Majeure) e.g. The Corona Virus COVID19 of 2020/21: In the event that a wedding booked with Emmie Scott Photography needs to be moved to a different date to the one stated on the contract. The couple shall take reasonable steps to ensure that any new dates chosen are free in Emmie Scott’s calendar, by keeping Emmie involved with the re-booking process. There will be no extra charge for moving the wedding date if moved to within a 12 month period of the original date. However, outside this 12 month period, there may be a small additional charge to keep prices in line with Emmie’s pricing for that year.
Emmie Scott Photography reserves the right during any move request, to ask for a partial payment of the balance fee, an “interim balance payment” as the final balance payment would now be due at a much later date than planned. This eases cash flow and enables Emmie’s business to continue operating.
Once you’ve contacted Emmie indicating that you may wish to move dates, Emmie Scott Photography will supply couples with a list of all currently booked dates i.e. dates that are not available in her calendar. Hopefully, couples will be able to choose a new date with their wedding venue, which ties in with Emmie Scott’s free dates. If for any reason this is unworkable and a new date is booked which Emmie cannot cover, then the couple will have the right to cancel the contract with Emmie Scott Photography. At this point, Emmie will return any balance fees paid, minus the booking fee, which is retained to cover costs already incurred taking the booking.
CREATIVE LICENCE: Emmie Scott Photography shall be granted creative and artistic license in relation to the choice of locations and poses used. Emmie’s judgment on photographic style and the number of photographs taken shall be deemed correct. Due to changes in the weather and the availability and willingness of subjects, Emmie will do her best to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
COPYRIGHT: English Copyright Law states that the copyright of photographs remains with the photographer. The photographer grants The Client permission to make copies of the images under the following conditions. The images taken by the photographer are for personal use by the couple and their friends and relatives. Selling, publication or any commercial use of the photographs is not allowed without prior written permission from the photographer. The Client is not permitted to pass on images to any third party, such as suppliers, that will be used for marketing or advertising purposes without written consent from the photographer. Any requests not to publish or use photos for promotional material will be sensitively considered.
FINAL IMAGES: Emmie will present you with all images taken at your wedding which meet her quality standards. Emmie is the sole and final judge of those standards and any images which fail to measure up to those standards are permanently discarded. This includes, but is not limited to, out of focus images, accidental camera firings, images ruined by the camera flashes of others, interference of any kind by “non-official photographers” and images with other quality defects.
AUTHORSHIP CREDIT: Authorship credit in the name of the supplier (i.e. Emmie Scott Photography) shall accompany the images when reproduced on media outlets such as Facebook or other social networks.
EXCLUSIVITY: Emmie will be the sole (still) photographer at the venues specified. She does however positively encourage family, friends, and other guests to take photographs throughout the day.
CANCELLATIONS: You have the right to cancel the booking within 14 days of paying the booking fee (distance selling rules). Cancellations by the client must be notified in writing. The following cancellation charges apply: Cancellations 24-36 weeks or less before the wedding 50% total fee is payable. 12-24 weeks before 75% of the total fee is payable. 12 weeks or less 100% of the total fee is payable.
RIGHT OF WITHDRAWAL: Emmie Scott Photography discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should Emmie Scott Photography initiate the withdrawal, all fees will be returned, excluding any costs incurred as well as fair market value for all services/products already provided and administration time. In case of withdrawal, £350.00 an hour is charged for all photography services already provided to the client(s) rounded up to the nearest hour and £100.00 per hour for administration including processing of contracts, time spent turning away other enquiries for the date, correspondence etc rounded up to the nearest hour. Should the photographer’s personal safety or safety of their equipment come under threat at any point during the wedding day itself, the photographer may cease their duties immediately and no refunds will be provided by Emmie Scott Photography to the client under these circumstances.
FORCE MAJEURE or ACT OF GOD: If Emmie Scott Photography cannot perform the contract due to acts of God, or a cause beyond the reasonable control of the Photographer (illness or an emergency) then Emmie shall promptly notify the Client. Emmie will take all reasonable steps to find an alternative photographer. This could mean employing an associate photographer to cover the wedding with Emmie processing the images. If Emmie is unable to find a replacement then all balance monies paid will be refunded with no further liability.
PRIVACY: Emmie will store your name and wedding details on a private internal database. These details will not be made available to companies or individuals outside of Emmie Scott Photography. Should you wish to have your details removed from the database, please advise her in writing.
SHOOTING TIME / ADDITIONS: The Client agrees that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the event(s), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client.
RAW FILES: Emmie Scott Photography reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. At no point in time are unedited or RAW files given out.
PERMISSIONS TO PHOTOGRAPHY: It is the sole responsibility of the Client to secure the permission of the church, synagogue or another venue of the wedding for the Supplier to photograph the ceremony/event. The Client shall ensure the placement of the bridal party, the officiant(s) and the altar decorations so as not to obscure the view of the bride and groom. Emmie Scott Photography will abide by the rules of the church/synagogue in regards to camera placement at the ceremony. Many Cities, counties, and private venues/businesses are charging a photography permit fee. The Client is responsible for the payment of such a fee. In the event Clients fail or refuse to pay for any such permit fee despite having been informed by Emmie that such fee is required, the Client is responsible for any and all related costs or fines if applicable.
EVENT FOOD SERVICE: The Client agrees to provide a hot catered meal for Emmie Scott and associates working events of 5 hours or more.
EXPENSES INCURRED: When applicable, the Client is responsible for all travel, accommodation, meal and transport costs.
DIGITAL DOWNLOADS AND USBS: Upon receipt of the online gallery or USB containing the wedding images, the Client accepts all responsibility for archiving and protecting the photographs. Emmie Scott Photography is not responsible for the lifespan of any digital media provided or any future changes to digital technology or media readers that might result in an inability to read Disks provided. It is the Client’s responsibility to make sure that the digital files are copied to new media as required.
RETOUCHING: All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer’s judgement regarding these corrections shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost.
WEDDING ALBUM ORDERS: The album order must be agreed upon and submitted within four months of the wedding date if included in a package. Approval for design changes and requests after four months of the wedding date may lead to further charges. Please allow six to eight weeks delivery once the final album design has been approved.
COMPLETION SCHEDULE: Final images will be supplied within a 8 week period following the wedding ceremony. Images will be supplied in an online gallery.
MODEL RELEASE: The signing of this agreement by The Clients constitutes a commercial model release to Emmie Scott Photography. Emmie will have the right to make reproductions including but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release.
SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
DIGITAL AGREEMENT: By completing this online form with your details you hereby agree to enter into a contract with Emmie Scott Photography as detailed above. This contract complies with English Law and is subject to normal terms and conditions as a written contract would be.
I have read and fully understand the terms above. All questions have been answered to my utmost satisfaction and hereby agree to the terms of this agreement: