Terms and Conditions

Professional services are provided subject to the following terms and conditions:

Acceptance of projects is at the discretion of The Photographer and will be subject to these terms and conditions.

In this Agreement the terms

Picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction:
Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
The Photographer: Chris Wills or any third party contracted by Chris Wills or any company or website operated by Chris Wills, including but not limited to:- www.recreative.co.uk, www.digitreat.co.uk, Systems Testing Ltd.

The Client: is the person(s) or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
Copyright: The entire copyright in the pictures is retained by The Photographer at all times throughout the world.

The Photographer supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on grant of reproduction rights in respect thereof.

The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by The Photographer any fee payable by the Client shall be subject to an increase specified by The Photographer, and in any event an increase of not less than 25%

Reproduction rights: Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on The Photographer’s invoice. An agreement must be reached with The Photographer before the pictures are used for a different purpose or after the licence to use has expired.

Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

The Photographer reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

The Photographer may, at his discretion, use client's images in its own promotional materials.

The following terms are used when describing the reproduction rights granted by The Photographer to the Client:

Personal Use Only: The right to use the pictures only for personal, non-commercial purposes.

Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site.

PR and Press distribution: The right to use the pictures as described Internal Use Only, plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.

Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

Photography by appointment.

Bookings: If a specific time and date for photography is booked by a client, The Photographer will not accept any other work from other clients for those times and dates once the deposit has been paid by the client.

If, once a booking is made it is subsequently cancelled by the client, a cancellation fee will be charged to the client according to the following schedule.

When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one week of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by The Photographer.

Fixed price projects are undertaken on the basis of the specification agreed at the time of booking. The Client will be provided with electronic proofs via the Internet or DVD. The client is free to make minor adjustments to the layout at this stage. We will always try to accommodate changes and suggestions, however any significant amendments and enhancements to the scope of a fixed price project that are requested by the client will incur additional charges. The client will be informed of this at the time amendments are agreed.

Special Projects: A firm price will be agreed based on the project specification. If the project costs are likely to exceed this estimate by more than 10% the client will be advised.

Delays: Whist we will make every reasonable effort to meet agreed delivery schedules we will not be held liable for actual or consequential losses in the event of delays.

The Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct.

Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s wishes, e.g. clients may request specific poses which they have seen in other albums or magazines.

The photographer shall endeavour to photograph all individuals as requested by the clients at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.

Sometimes certain venues or people, e.g. the person in charge of the ceremony, restrict the photographer’s movements and the photographer cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting is often restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. Clients sign this contract with this understanding.

The photographer shall endeavour to capture moments as they occur. However, because of the nature of the event, some moments might not be recorded, or not recorded for logistical reasons.

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

It is 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 of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.

Due to the limitations of computer monitors it is understood that images appear differently according to the specification of each monitor or prints will not match images rendered on any particular computer monitor.

Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for individual photographs that are not produced due to technical failure, either at the shooting or processing stage.

Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility. The images will be sent on the DVD –R format. The DVD may not play on some DVD players, but should play on all computer and laptop DVD drives.

Please note that due to the low resolution of many TV screens, you may find that the image quality appears poor when viewed on a TV. This is not a reflection of the quality of the images. A computer monitor or laptop computer should be used wherever possible.

Images may be uploaded to the internet for viewing and /or purchase. These images are low resolution and are not indicative of the quality of the images supplied as finished prints.

Payment and reproduction rights.

Deposits: The Photographer reserves the right to require a deposit or full payment in advance before commencing a project. This will be returned if you are unhappy with the service, or offset against the final invoice.

Payment: On approval of proofs and order of images an invoice will be raised and will be due for payment.

Payment should be by methods specified on the invoice.

The Photographer reserves the right to add a pro-rata service charge at 5% per month on overdue accounts.

Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

Until The Photographer has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby The Photographer is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights The Photographer may at his discretion cancel subject to the Client paying a cancellation fee.

The Client's right to reproduce a picture arises only when The Photographer’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling The Photographer to rescind the Agreement and rendering the Client liable for the payment of damages.

If payment is not made in accordance with above then The Photographer may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998.

Indemnity: While The Photographer takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.

The Client agrees to indemnify The Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by The Photographer.

It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that The Photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client fails to meet these strictures then the Client shall indemnify The Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

Delivery: Delivery of project materials to The Photographer will be at the client’s expense.

Return shipping if arranged by The Photographer is based on Royal mail standard delivery services within the UK and their basic insurance, and will be charged to the client at cost plus 10%. Royal Mail special delivery or Parcelforce delivery can be arranged if requested. The higher insurance levels associated with these services can be arranged if specifically requested.

Insurance: The Photographer will take reasonable care of your product(s) but cannot be held responsible for loss or damage. It is the client's responsibility to insure their property on an "all risks" basis.

Website Copyright: All images, photographs, logos and text on The Photographer’s websites are subject to copyright. All rights reserved. All trademarks acknowledged.

Complaints

Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, frames and any other special services that have been agreed.

Force Majeure

The due performance of the contract is subject to alteration or cancellation by the photographer owing to any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime).

The photographer will attempt to contact other photographers in the event that he is not able to attend your booking due to the clause above, however it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.

Law: This Agreement shall be subject to and constructed according to Law of the Courts of England & Wales.
No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

News

1st September 2011
New look website launched today. We've given our website a complete makeover to refresh it and make it easy for you to find what you want.
read more

New Package Pricing Structure
Most of our clients ask for similar things so we've prepared some great value packages with everything included. We can of course always quote for a bespoke service if you have specific requirements.
read more

Book now for 2012
Make sure you get your date, book now for 2012. We only undertake one wedding per day and aim to not book more than two in any week.