ER EVENT PHOTOGRAPHY
TERMS & CONDITIONS OF BUSINESS
These Terms & Conditions apply to photography services supplied by ER Event Photography (“we”, “us”, “our” or “the Photographer”).
The person, company or organisation making the booking is referred to as “the Client”.
By accepting a quotation, signing or electronically accepting the booking contract and paying any required Booking Fee, the Client confirms that they have read, understood and agreed to these Terms & Conditions.
Where the Client is an individual booking our services wholly or mainly for purposes outside their trade, business, craft or profession, they are referred to as a Consumer Client.
Where services are booked wholly or mainly for business purposes, the Client is referred to as a Business Client.
Nothing in these Terms & Conditions affects any statutory rights which cannot lawfully be excluded or restricted.
1. BOOKINGS
A booking is confirmed when:
- the Client has accepted our quotation or booking contract;
- these Terms & Conditions have been accepted; and
- any required Booking Fee has been received.
Until these requirements have been completed, the requested date is not guaranteed and may remain available to other clients.
The services, event date, location, agreed photography times, price and any additional requirements will be shown on the Client’s quotation, invoice or booking contract.
The Client must check these details carefully and notify us as soon as possible if anything is incorrect.
2. BOOKING FEE
Where specified on the booking, a £50 Booking Fee is required to secure the date.
The Booking Fee reflects the initial administration involved in establishing the booking and reserving the date.
Where the Client cancels, treatment of the Booking Fee will be subject to the cancellation provisions below and, for Consumer Clients, applicable consumer law.
If ER Event Photography cancels the booking in circumstances where the Client is not in breach of the Contract and we cannot provide a suitable replacement photographer acceptable in accordance with these Terms, the Booking Fee and any other payments relating to services not provided will be refunded.
3. PAYMENT
Unless alternative payment terms have been agreed in writing, the remaining balance is due no later than 7 days before the event.
Payment should be made using the payment details shown on our invoice.
Additional products or services requested by the Client must be paid for in accordance with the invoice relating to those products or services.
ER Event Photography is not required to provide the final photographs, video content or other deliverables until all sums properly due under the Contract have been paid.
Ownership of physical products supplied by ER Event Photography remains with us until payment for those products has been received in full.
For Business Clients, overdue invoices may be subject to statutory interest and recovery costs where applicable.
4. CANCELLATION BY THE CLIENT
The Client must notify ER Event Photography in writing if they wish to cancel a booking.
Subject to the provisions below, the following cancellation charges will normally apply:
More than 30 days before the event:
The £50 Booking Fee may be retained.
Between 30 and 8 days before the event:
Up to 50% of the total agreed booking value may become payable.
7 days or fewer before the event:
Up to 100% of the total agreed booking value may become payable.
Any amount already paid will be credited against the applicable cancellation charge.
Consumer Clients
For Consumer Clients, any amount retained or charged following cancellation will be reasonable and proportionate to the losses ER Event Photography actually incurs as a result of the cancellation.
This may include work already undertaken, reasonable costs and expenses already incurred, loss of income arising from reserving the event date and our ability or inability to obtain comparable replacement work.
ER Event Photography will take reasonable steps to reduce its losses where possible.
If we obtain comparable replacement work for the cancelled date, this will be taken into account when calculating any cancellation charge.
Nothing in this section affects a Consumer Client’s statutory cancellation rights.
Business Clients
For Business Clients, the cancellation provisions above are intended to represent a reasonable estimate of the costs and losses likely to arise from cancellation, subject to applicable law.
5. CONSUMER COOLING-OFF RIGHTS
Where a Consumer Client enters into a contract with ER Event Photography online, by telephone or otherwise at a distance or away from our business premises, statutory cancellation rights may apply.
Where applicable, the Consumer Client will normally have 14 days from entering into the Contract in which to cancel without giving a reason.
Where the Consumer Client asks ER Event Photography to begin providing services during a statutory cancellation period, the Client expressly requests that performance begins before that cancellation period has expired.
If the Client subsequently exercises a statutory right to cancel after services have begun at their express request, the Client may be required to pay a proportionate amount for services properly provided up to the point of cancellation, where permitted by law.
Where services have been fully performed during the cancellation period following the Consumer Client’s express request and acknowledgement that the cancellation right will be lost once the services have been fully performed, the statutory right to cancel may cease.
Nothing in these Terms removes any statutory cancellation right available to a Consumer Client.
6. CANCELLATION BY ER EVENT PHOTOGRAPHY
If ER Event Photography is unable to provide the agreed photography services because of illness, accident, emergency, bereavement or circumstances beyond our reasonable control, we will make every reasonable effort to arrange a suitable professional replacement of similar experience and ability.
We will discuss any proposed replacement with the Client.
If a suitable replacement cannot reasonably be arranged, payments relating to photography services that cannot be provided will be refunded.
Our liability in such circumstances is subject to Section 17 below.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
7. MATERIAL CHANGES TO THE BOOKING
The Client must tell us as soon as reasonably possible about any significant changes to:
- the event date;
- venue or location;
- photography start or finish time;
- event schedule;
- nature or scale of the event; or
- services required.
We will make reasonable efforts to accommodate changes.
Where a material change significantly increases the time, travel, costs or services required, we may provide a revised quotation.
If a material change means we can no longer reasonably provide the agreed services, we may treat the booking as cancelled. Any cancellation charges will depend upon the circumstances and applicable law.
Minor changes to the event schedule will not by themselves give ER Event Photography the right to cancel the Contract.
8. CLIENT RESPONSIBILITIES
The Client is responsible for providing accurate information about the event and any photography requirements that are particularly important to them.
The Client should provide relevant schedules, access information, restrictions and other important details within a reasonable time before the event.
Unless specifically agreed otherwise, ER Event Photography cannot guarantee that any particular person, group, moment, decoration, speaker, performance or activity will be photographed.
Where particular photographs are important, the Client should notify us before the event.
The Client is responsible for obtaining any permissions relating to the venue or event which are reasonably necessary for us to perform the contracted photography services, except where we have expressly agreed otherwise.
9. COVERAGE
ER Event Photography will use professional judgement when deciding which photographs to take.
The nature of event photography means that we cannot guarantee every person attending the event will be photographed or that every moment will be captured.
Photography may be affected by circumstances outside our reasonable control including:
- venue restrictions;
- restricted access;
- poor or changing lighting;
- weather;
- security restrictions;
- delays to the event;
- actions of guests or other suppliers;
- performers or speakers declining photography;
- health and safety requirements; and
- circumstances preventing reasonable access to a subject.
We will make reasonable efforts to fulfil the Client’s requirements, but our professional judgement will apply to composition, lighting, posing, locations and the overall photographic approach.
10. ADDITIONAL HOURS AND OVERTIME
Photography outside the times specified in the booking is not automatically included.
If the Client asks us to continue beyond the contracted finish time, additional coverage will be subject to photographer availability and may be charged at our applicable additional hourly rate.
Where practical, the Client will be advised of the additional charge before overtime begins.
11. IMAGE EDITING AND STYLE
The Client acknowledges that they have selected ER Event Photography based upon our existing portfolio and photographic style.
Final photographs will be professionally edited in accordance with our normal style and professional judgement.
Standard editing may include adjustments to exposure, colour, contrast, cropping and tone.
Variations may occur because of lighting, venue conditions, screen calibration, printing processes and other technical factors.
The Client acknowledges that photography and editing involve artistic judgement and that reasonable differences in composition, colour, lighting and editing style are not by themselves grounds for rejecting the service.
12. ADVANCED RETOUCHING
Advanced retouching is not included unless specifically stated in the Client’s quotation or booking.
Advanced retouching may include:
- extensive skin retouching;
- teeth whitening;
- detailed removal of skin imperfections;
- removal of objects;
- extensive removal of stray hairs or makeup;
- replacing faces or other elements between photographs;
- body reshaping or slimming;
- complex background alterations; or
- other substantial manipulation.
Where requested, advanced retouching will be quoted separately and undertaken following approval of the additional charge.
13. DELIVERY OF PHOTOGRAPHS
ER Event Photography will provide the Client with a professionally selected collection of edited photographs, normally delivered through a private online gallery.
Images will normally be supplied as high-resolution JPEG files unless otherwise agreed.
Because every event is different, we do not guarantee a specific number of photographs unless a minimum quantity is expressly stated in the booking contract.
The photographs selected and supplied by ER Event Photography constitute the final collection.
Any delivery timeframe quoted to the Client is an estimate unless expressly stated to be a guaranteed deadline.
We will use reasonable efforts to deliver photographs within the timeframe communicated to the Client and will notify the Client of any significant unexpected delay.
14. RAW AND UNEDITED FILES
RAW files, unedited photographs, rejected photographs, test photographs, duplicate photographs and original working files are not included in the Client’s deliverables.
These files remain part of ER Event Photography’s working material and will not normally be supplied to the Client.
15. STORAGE AND BACKUP
ER Event Photography will normally retain the Client’s final edited photographs for at least 3 months following the event date.
We do not provide permanent archival storage and cannot guarantee that photographs will remain available indefinitely after delivery.
The Client is responsible for downloading and securely backing up the photographs after delivery.
Once the stated storage period has expired, ER Event Photography may permanently delete archived photographs and associated working files without further notice.
16. EQUIPMENT AND TECHNICAL FAILURE
ER Event Photography takes reasonable professional precautions to protect the Client’s photographs and uses professional photographic equipment and backup equipment where reasonably practicable.
Photography nevertheless involves electronic equipment, memory cards, computers and digital storage systems, and unforeseen technical failures can occur.
We will not be responsible for individual photographs that cannot reasonably be produced because of circumstances outside our reasonable control.
Where a substantial or total loss of photographs occurs, any liability will be dealt with under Section 17.
17. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot legally be excluded or limited.
Subject to the above, ER Event Photography will not be liable for losses which could not reasonably have been anticipated when the Contract was entered into or which result from circumstances outside our reasonable control.
For Business Clients, subject to applicable law, ER Event Photography’s total aggregate liability arising from the Contract will not normally exceed the total amount paid or payable for the photography services giving rise to the claim.
Different legal protections may apply to Consumer Clients, and nothing in this section limits a Consumer Client’s statutory rights or any remedy which cannot lawfully be restricted.
18. SAFETY AND BEHAVIOUR
The safety of our photographers, assistants and equipment is important.
ER Event Photography may suspend or stop photography where we reasonably believe there is a significant risk to a person’s safety or our equipment.
This includes threatening, violent, abusive, discriminatory, sexually inappropriate or seriously intimidating behaviour, unsafe venue conditions or other circumstances presenting a genuine safety risk.
Where reasonably possible, we will first raise the issue with the Client or event organiser and allow an opportunity for the situation to be resolved.
Where the risk is sufficiently serious, we may stop work and leave immediately.
If photography cannot continue because of circumstances caused by the Client, their guests, employees or attendees, this may be treated as a cancellation or prevention of performance by the Client, subject to applicable law.
19. COPYRIGHT
Copyright in photographs and video content created by ER Event Photography remains with ER Event Photography unless copyright is expressly assigned in writing.
Payment for photography does not transfer copyright ownership to the Client.
Instead, the Client receives a licence to use the photographs as described in the booking and these Terms & Conditions.
No assignment or transfer of copyright is implied.
20. STANDARD CLIENT LICENCE
Unless a different licence has been expressly agreed, the Client receives a non-exclusive licence to use the delivered photographs for the purposes reasonably associated with the booking.
For private Consumer Clients, this includes:
- personal use;
- personal social media;
- making prints;
- sharing photographs with friends and family.
For Business Clients, the standard licence includes use by the commissioning organisation for:
- its own website;
- organic social media;
- internal communications;
- PR
- Press releases; with credit to ER Event Photography
- newsletters;
- reports;
- promotion of the organisation and its events; and
- ordinary corporate marketing.
The licence does not include resale of the photographs themselves, merchandising, stock-library use, transfer of copyright, sublicensing for unrelated third-party commercial use or other exploitation not reasonably connected with the original booking.
Additional or extended commercial usage can be agreed separately.
21. THIRD-PARTY USE
The Client may share photographs with event partners, venues and suppliers where this is reasonably connected with promoting or reporting on the event, all images must be credited to ER Event Photography.
Images for press, must be credited to ER Event Photography
Copyright remains with ER Event Photography.
The Client may not sell, license or otherwise commercially distribute the photographs to unrelated third parties unless permission has been agreed with us in writing.
Where a third party wishes to use photographs for a separate advertising campaign, commercial campaign or unrelated purpose, a separate licence may be required.
22. USE OF IMAGES BY ER EVENT PHOTOGRAPHY
ER Event Photography may wish to use photographs from events to demonstrate and promote our work, including on our website, portfolio, social media, industry awards, printed marketing and other promotional materials.
Any such use will be subject to applicable copyright, privacy and data protection law.
For private events, confidential events or where the Client has specific restrictions concerning publicity, the Client should notify ER Event Photography before the event.
A Client booking photography on behalf of an organisation should tell us about any relevant confidentiality, security or photography restrictions applying to the event.
The Client does not give consent on behalf of every individual attendee simply by accepting these Terms.
Where an individual’s consent or another lawful basis is required for a particular use, ER Event Photography remains responsible for ensuring that an appropriate lawful basis exists.
23. PRIVACY AND DATA PROTECTION
ER Event Photography processes personal information in accordance with applicable UK data protection law and our Privacy Policy.
Our Privacy Policy explains the types of information we process, why we process it, the lawful bases we rely upon, how information may be shared, how long it may be retained and the rights available to individuals.
The Client is responsible for ensuring that information they provide to ER Event Photography about other individuals has been provided lawfully.
Nothing in these Terms requires an individual to surrender rights they have under applicable data protection law.
24. SOCIAL MEDIA CONTENT
ER Event Photography may capture photographs and short video clips for our own social media and marketing content where appropriate and lawful.
This may include behind-the-scenes footage, photographs and short video clips captured during an event.
Where an event is private, confidential or subject to restrictions on social-media coverage, the Client must notify us before the event so that appropriate arrangements can be agreed.
25. COMPLIMENTARY SOCIAL MEDIA REEL
ER Event Photography may, at our discretion, create a short vertical social-media reel during an event.
The complimentary reel is a promotional extra created primarily for ER Event Photography’s own social-media marketing and is not part of the contracted photography package unless expressly stated otherwise in writing.
A complimentary reel is therefore not guaranteed with every booking.
Where we create a complimentary reel:
- ER Event Photography determines the content, editing style, duration and music;
- client-directed editing and revisions are not included;
- music selection is at our discretion;
- the reel will normally be published by ER Event Photography;
- we may invite the Client to participate as a social-media collaborator;
- copyright in the reel remains with ER Event Photography.
Where a complimentary copy is provided to the Client following an agreed collaboration, ER Event Photography must be appropriately tagged or credited when the reel is subsequently published or shared by the Client.
If the Client does not wish to collaborate but wants a copy of the reel for its own use, a separate usage fee or licence may apply as advised at the time of booking.
Where the Client wants a reel created specifically to its brief, including specific content, revisions, music requirements or other deliverables, this is a separate content-production service and must be agreed and quoted separately.
26. EVENTS BEYOND OUR REASONABLE CONTROL
Neither party will be responsible for a failure or delay in performing contractual obligations where performance is prevented by circumstances genuinely beyond that party’s reasonable control.
Such circumstances may include severe weather, flooding, fire, major transport disruption, venue closure, serious illness or injury, government restrictions, civil emergencies or other comparable events.
The affected party should notify the other as soon as reasonably possible.
Both parties will make reasonable efforts to find a practical solution, which may include postponement, alternative arrangements or a replacement photographer.
Any refund, credit or payment due will depend upon the circumstances, services already provided, irrecoverable costs reasonably incurred and applicable law.
Nothing in this section affects statutory rights which cannot legally be excluded.
27. VENUES AND OTHER SUPPLIERS
ER Event Photography is not responsible for the actions or failures of venues, event organisers, security teams, production companies, performers, caterers or other third-party suppliers.
We will comply with reasonable venue rules, safety requirements and restrictions.
Where restrictions imposed by the venue or another person responsible for the event prevent particular photographs from being taken, ER Event Photography will not be responsible for the resulting absence of those photographs where the restriction is outside our reasonable control.
28. COMPLAINTS
If the Client is unhappy with any aspect of our service, they should contact ER Event Photography as soon as reasonably possible and provide sufficient information for us to investigate the issue.
We will consider complaints fairly and will make reasonable efforts to resolve genuine problems.
The Client should give us a reasonable opportunity to investigate and, where appropriate, remedy an issue.
Nothing in this section restricts a Consumer Client’s statutory rights.
29. NON-PAYMENT AND RIGHT TO SUSPEND SERVICES
Where payment is overdue, ER Event Photography may suspend further work or delivery of photographs after giving the Client reasonable notice.
Where there is a serious breach of the Contract, persistent non-payment, material non-cooperation or circumstances making continued performance unreasonable or unsafe, ER Event Photography may terminate the Contract.
Any termination will be exercised reasonably and in accordance with applicable law.
The Client remains responsible for amounts properly due for services already provided and reasonable costs already incurred.
30. VARIATIONS
Any significant variation to the agreed photography services should be confirmed in writing.
ER Event Photography will not make material changes to the Contract without the Client’s agreement except where reasonably necessary because of circumstances outside our control or where permitted by law.
31. SEVERABILITY
If any provision of these Terms & Conditions is found by a court or other competent authority to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
32. ENTIRE AGREEMENT
These Terms & Conditions, together with the accepted quotation, booking form and any written variations agreed between ER Event Photography and the Client, form the Contract between the parties.
Nothing in this section excludes liability for fraud or fraudulent misrepresentation or affects rights which cannot lawfully be excluded.
33. GOVERNING LAW
These Terms & Conditions and the Contract are governed by the laws of England and Wales.
For Business Clients, the courts of England and Wales will have jurisdiction in relation to disputes arising from the Contract.
Consumer Clients retain any rights concerning jurisdiction which apply to them under applicable consumer law.