Terms & Conditions
This agreement contains the entire understanding between the photographer Martin Makowski and the Couple.
The cost is agreed prior to accepting terms and conditions and its amount is fixed. It is a total cost for wedding photography or videography service and no extra fees or charges will be added.
£400 retainer is necessary to secure the date and to confirm the stated wedding services from me.
The retainer is due at the time of booking. In the event of the Couple canceling the wedding for whatever reason the retainer fee is non-refundable. The amount of £400 will be deducted from the total wedding photography/videography package cost.
The Couple agrees to pay the full balance four weeks prior to the wedding date. The Couple will receive a courtesy reminder seven days before the payment is due. Wedding albums, additional time, and other products purchased after the wedding are paid at the time of the order. The additional hourly rate is £185. For last-minute bookings eight or fewer weeks before the wedding, the full payment is required upfront.
The Couple will outline broadly what is required and I will advise on logistics and timings where needed. I will be in contact before the wedding to iron out the remaining details. Pre-wedding consultations can happen over the phone, Facetime, Zoom or in person.
The Couple and I consent to cheerfully cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. The Couple agrees to give me a sufficient warning of key events at the wedding to give me time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all the guests at the wedding like having their photos/video taken. In such cases, I will use my discretion but cannot be held responsible for a lack of photos of some individuals.
STYLE OF PHOTOGRAPHY
My shooting schedule, style of working, and experience are designed to achieve a mouth-watering set of wedding photos or video for the Couple, accomplished with good humour, professionalism, and discretion to be enjoyed by all concerned. My documentary photography and videography style is unobtrusive and aims to tell the real story of the big day without interrupting and disturbing. It can cover the small number of formal photographs agreed during the pre-wedding consultations (usually the list includes no more than eight formal photographs). Formal photographs are taken in dedicated time with a help of an individual pointed by the Couple.
Note that I am sometimes limited by rules imposed by registrars, ministers, and venue management as to what can and cannot be done. For example most ministers insist that I shoot from a specific location. In such circumstances, the Couple agrees to accept the limitations that may be imposed.
English Copyright Law states that the copyright of photographs and video remains with the creator. A copyright license is transferred to the Couple upon the full payment under the following conditions. The digital images and video taken by me are for personal use by the Couple and their friends and relatives. The images/video should not be altered or modified. Also, not to be used in any way whatsoever in which the Couple or the one without full copyrights charge money, collect fees, or receive any form of remuneration. The images may not be used in advertising. The images and video may not be resold, re-licensed, or sub-licensed.
The Couple grants to use the wedding photographs and video for editorial, competition, advertising, and any other purpose and in any manner, to alter the photographs and video without restriction; and to copyright the images. The Couple hereby release me and my legal representatives, heirs, and assigns from all liability and claims in connection with the images.
LIMIT OF LIABILITY
If I am too ill or become injured and cannot supply the wedding services specified above, I will do everything possible to book a replacement wedding photographer or videographer. Please note that my business has covered many weddings, corporate events, and studio photo shoots and to date, this has never happened. If a replacement photographer/videographer cannot be found in these circumstances, liability is limited to a refund of all payments received. I have working methods in place to prevent the loss or damage of the images (the digital images are backed up to separate storage drives, and duplicate equipment is on hand in case of breakage or failure). However, there exists the unlikely possibility that images/video footage may be lost, stolen, or destroyed for reasons beyond the control of mine and I shall not be responsible for other consequential damages, emotional or otherwise.
I agree that every effort will be made to provide the highest quality photographic services in the prevailing conditions. However, due to the limited and subjective nature of the event, I cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. I shall not be responsible for lost photo opportunities due to other cameras or flashes, the lateness of the bride, groom or other principles.
DELIVERY OF PHOTOS
Images are edited at my discretion, and delivered files will not include all images/footage shot. I reserve the creative right to edit and release only those deemed creditable as professional in quality and within my artistic standards. The selection of delivered photographs and video is final. The images/video are ready within six weeks of the wedding. The images/video are delivered as a digital download and if included in the agreed package, the USB box, prints, and albums. USB box and albums are delivered by a secure and insured postal service. The full payment has to be made before photos/video are dispatched.
Upon receipt of images/video files, The Couple accepts all responsibility for archiving and protecting the media. I guarantee backup files will be kept for a minimum of 1 year but I do not permanently archive files. It is The Couple’s responsibility to make sure that digital files are copied to a new hard drive/USB media as required. All albums will be delivered within 6 weeks of the Bride and Groom signing off on the final design proofs.
All parties please note that by the Couple returning this form and a non-refundable retainer to the Photographer Martin Makowski they are entering into a legally binding contract. This contract does not affect their statutory rights.