The Photographer
Name: Sonya Duncan
Address: 2, Moat Lane, New Buckenham, NR16 2AU
Telephone: 01953861244
Email: sonyaduncan@sonyaduncanphotography.co.uk
Definitions
“Image” shall be defined as a digital image, digital scan, photograph, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
“Reproduction” shall be defined as any form of publication or copying of the whole or part of any image 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 Client(s)” shall be defined as the person(s) listed above (Bride and Groom).
“The Photographer” shall be defined as Sonya Duncan of Sonya Duncan Photography
"Event" shall be defined as wedding, corporate outing, etc… that will be photographed, including the date that will take place.
"Original Agreement" – The title of the original agreement for Photographing the Event.
"Effective Date of Original Agreement" – The effective date of the original agreement.
"New Date for Event" -The new date for the previously defined event.
The Contract
It is agreed that the terms set out in this contract are the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties.
The Client(s) affirm(s) that The Client(s) is/are at least 18 years old and has the capacity to enter into a contract with Sonya Duncan Photography.
Reservation
Upon your signature Sonya Duncan Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Save The Date fee of £150 of final fee is non-refundable, even if the date is changed or the wedding cancelled for any reason, including acts of God, fire, strike and/or extreme weather. The Save The Date fee is to be paid at time of signing the contract. The Save The Date fee is applied towards the contracted wedding photography package. The Client(s) understand(s) and agree(s) that the entire amount owed for the wedding photography package described in the contract is due on the date of the month prior to their wedding date booking. (i.e- weddings taking place 1st June are payable on or by the 1st of May)
Change of Dates
If after a contract is signed The Client(s) changes the wedding date there will be no charge to move to the new date if there is no scheduling conflict. If, however, another person has already secured that same day, or Sonya Duncan Photography is not available for other reasons, then the contract is cancelled and the Save The Date Fee is NOT REFUNDED.
Photographic Services
The Photographer agrees to be in attendance on the date shown and to provide The Client(s) with the photographic package as indicated below, if the Photographer is unable to attend a suitable replacement will be recommended. The Photographer agrees that every effort will be made to provide the highest quality photographic services in the prevailing conditions.
Exclusive Photographer
Sonya Duncan Photography shall be the exclusive photographer retained by The Client(s) for the purpose of photographing The Client(s) wedding. Family, friends and other wedding vendors (The only exception of which shall be performed for a professional videographer.) shall not interfere with the Photographer’s duties. This includes obstructing The Photographer’s frame during key moments, and photographing set-ups by The Photographer for the intention of obtaining an amateur portfolio.
Artistic Licence
In booking the Photographer, The Client(s) have taken into consideration the Photographer’s style and are granting Artistic Licence in all aspects relating to the photography of the Client(s)’s wedding.
The photographer’s judgement regarding the locations or poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of the subjects it may not be possible to capture all the images requested. If the subjects refuse or are reluctant to cooperate or conform to the suggestions of the photographer it might affect the final quality and artistic impression of the images produced for which the photographer will not be responsible. The photographer cannot be held responsible for the weather or the effect this may have on the images.
The photographer makes no guarantee that the client(s) will be supplied with images of every guest in attendance on their wedding day. It is advisable to include important guests in your group shots.
Photo Cooperation
In the event that on the day of the event the client has asked us to stop taking photos due to weather, dress malfunction, drama, or any situation out of our control, the photographer is not held responsible for images not taken that would have normally been taken during that time. In the event that a special interactive activity (can include but not limited to, giving of gifts, special dances, announcements) happens, that the photographers were unaware of or was not mentioned in the questionnaire that was filled out, Sonya Duncan Photography will not be held responsible for missing those shots.
Sonya Duncan Photography will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If THE CLIENT is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
Time
In the event that the client is delayed due to hair/make-up/travel or other elements out of Sonya Duncan Photography’s control, missed photo opportunities will not be the responsibility of Sonya Duncan Photography.
Wedding Day Checklist
The Client(s) will be responsible for designating an“Wedding Day Checklist” The role of this Event Guide is to identify people/objects of whom/which specific photographs are desired, as well as to make certain that these subjects are available when needed. It is recommended that The Client(s) develop a list of desired subjects and groups of subjects (family and friends) and share this with the Photographer well before the wedding. The photographer will NOT be held accountable for not capturing desired photographs if there is no one to assist in identifying or gathering people for the photograph(s).
House Rules
The photographer is sometimes limited by the guidelines of the ceremony officiant or the reception site management. The Client(s) agree(s) to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is The Client's responsibility; Sonya Duncan Photography will offer technical recommendations only.
Previews and Delivery
Although the Photographer will do her best to produce more images than as discussed with The Client(s) there is no guarantee that any particular number of images will be produced. The photographer will deliver the preview images within 12 weeks after the wedding. The Client(s) must approve of the images or submit any amendments within 7 days of the preview. If the Client(s) does not do so this will delay the delivery of the final product and the Photographer will not be held responsible for any delays.
The Client(s) may make two rounds of amendments to the post-processing of the images and design of an album supplied (for example, provide any particular image in colour instead of black and white) with no limit on the number of images to be amended. After the initial amendments are provided to the Client(s), further amends will be billed to the Client(s) at £50 per image.
Copyright
The Photographer retains the entire copyright in all the images created by the Photographer at all times throughout the world.
The Photographer asserts both her moral right to be identified as the author of her work and the right to a credit. These rights are asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
No addition to, deletion from or alternation to or adaptation of an image supplied to the Client may be made without the written permission of the Photographer.
The Client agrees that any images produced by the Photographer may be submitted to any photographic exhibition or competition, or to any newspaper, magazine or other periodical, or photography books, and published on the Photographer’s website. blog and other websites or blogs, or by any other means, with a view to publication, display in a portfolio of work, or otherwise used by the Photographer to promote her business.
Image Usage
The Client is granted a license to use and reproduce the images for personal use. The Client may not assign or transfer this license. Images may be used on personal web sites as long as a copyright notice appears near the images stating that they were taken by Sonya Duncan and www.sonyaduncanphotography.co.uk is placed onto the website. The Client must agree an additional payment with the Photographer if The Client wishes to use the images for commercial use or any other use other than for the personal enjoyment of The Client, Client’s friends or family.
Liability
Sonya Duncan Photography warrants and declares that every effort will be made to provide high quality photographic services. In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Sonya Duncan Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Sonya Duncan Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional-grade backup equipment. However, in the unlikely event of The Client’s photographs being lost, stolen or destroyed for reasons within or beyond Sonya Duncan Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
The Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and The Client releases the Photographer from any liability for any claims whatsoever based upon fading of discolouration due to such inherent qualities.
The Photographer shall not be responsible for how images render on websites and how they display on different computer screens.
Model Release: The Client(s) hereby grants The Photographer the irrevocable and unrestricted right to use and publish photographs of the client(s) or in which the client(s) may be included for editorial, trade, advertising or any other purpose and in any manner and/or medium considered standard by the wedding industry. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by The Photographer and considered standard by the wedding industry. The Client(s) will notify guests that their photographs will be used as stated above. You can opt in/out of specific usage in the Consent section of this contract.
Further details or any other information about the use, storage and removal of your data can be obtained by emailing sonya@sonyaduncanphotography.co.uk
Cancellation
The client may cancel this contract at any time by giving written notice to Sonya Duncan Photography, but in doing so shall forfeit any money paid. Should Sonya Duncan Photography receive cancellation less than 7 days prior to the date of the photoshoot, the client shall still be required the pay the full value of their the contract. The said sum shall be payable as compensation as an estimate of the loss of business Sonya Duncan Photography would suffer.
Force Majeure or Act of God
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Force Majeure and Safe Environment
1 If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Photographer may, in Photographer’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the Event, including, but not limited to, pre-wedding communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
2 In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement, Photographer shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.
3 Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.
Complaints
Any complaints should be raised by The Client(s) with the Photographer, in writing, within 28 days of receiving the preview images or the final product as specified in this agreement.
Archiving
The Photographer will make every effort to archive the images indefinitely. However, the Photographer makes no warranty about the nature of her archive past the date of the delivery of the first order. The Photographer shall only remain responsible for archiving images for 12 months after the date of the photoshoot The Client should treat the delivered images carefully and in case of digital files it is recommended you keep a safe copy on your own devices.
Amendments
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client(s) and Sonya Duncan Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.