1. It is agreed that the terms set out in this booking form is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
2. Special Requests/Coverage
The Client understands and accepts that the photographic coverage will be as the photographers professional expertise and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the clients wishes.
Any special requests not notified on this booking form must be made by the client to Zapimage in writing.
3. The Photographer
On occasions without notice it may be that necessary that Zapimage will substitute the original photographer specified to another photographer, (e.g. due to ill health). You are under no obligation to accept the substitute photographer, if not accepted a full refund will be given.
All image sizes are nominal. The photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. It is sometimes impossible to record on film/digital the exact colour as seen by the human eye.
The photographer will perform a standard amount of retouching to take the photographs to a quality of which he is proud. Further retouching, digital manipulation and artist finishing is available to the client. Additional costs may be incurred.
Any Images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the copyright and design act 1988. It is contrary to the act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the permission of the photographers in writing.
7. Negatives and Digital Files
Negatives/digital files remain the property of the photographers.
The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographers judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
9. 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.
Although the photographer will do his best to produce more proofs/previews images than as discussed with the client, there is no guarantee that any particular number of proofs/preview images will be produced.
The client hereby allows the photographer to display any images included in this contract in their studios, portfolios, literature, wedding exhibitions and advertising. No use of the images will be made by the photographer for other commercial reason except with the written permission of the client.
The client may cancel this contract at any time by giving written notice to the photographer but in doing so shall forfeit any monies paid. Should cancellation be received less than 60 days prior to the date of the ceremony, the client shall pay an additional amount so that the total amount paid by the client is equal to 75% of the contract value. Should cancellation be received by the photographer less than 30 days prior to the date of the ceremony, the client shall pay an additional amount so that the total paid by the client is equal to 100% of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer would suffer.
13. Limitation of liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Any complaints shall be raised by the client the client with the photographer in writing, within 28 days of first becoming aware of the matter to be complained of, and in any event within 28 days of receipt of the images.