Dunford-Rees Photography
Terms & Conditions
Standard Terms & Conditions
In the following terms & conditions “the Photographer” or "Photographers" shall mean Aled Rees & Elizabeth Rees trading as Dunford Rees Photography. “The Client(s)” shall be those persons using the photographic services of Dunford Rees Photography. These terms and conditions cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer in writing.
Wedding Photography Specific Terms
1. Exclusive Photographer.
The Photographer shall be the exclusive professional photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client are encouraged to photograph the wedding or reception and are permitted to photograph compositions set up by Dunford-Rees Photography as long as they do not interfere with the Photographer's duties.
2. Deposit and Payment.
The Client shall make a deposit to retain the Photographer to perform the services specified herein.
Payment of the balance of the photography fee is to be made not later than 30 days prior to the wedding date. Payments for additional photographs are made after the wedding, when they are ordered. Any bank charges or fees incurred due to returned cheques will be charged to the client.
3. Cancellation.
If Client shall cancel the wedding date, the Client forfeits the deposit and no refund of the deposit is possible.
Should the cancelled wedding turn out to be a postponement, then, at the discretion of Dunford-Rees Photography and subject to availability, all money may be applied to the new wedding date. In this case the total fees chargeable shall be the fee which applies at the time. All deposits are non refundable. We advise all clients to purchase third party insurance cover, to cover the resulting costs due to cancellation or date change.
4. Weather
Weather permitting, the wedding photographs will be taken as agreed. In the event of adverse weather conditions, the photographers will make necessary changes in the photographic session and will not be responsible for any disappointment caused by the weather. In such circumstances the photographer with the co-operation of the client will do their best to produce coverage of the wedding within the limits of the prevailing conditions.
5. Coverage
The photographer cannot be held responsible for the lack of coverage caused by the bride, the groom or wedding party not being on time, or by church, Register office, or licensed place of wedding restrictions regarding photography or anyone connected with the aforementioned. The photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
6. Photographic Materials.
All photographic materials, including but not limited to digital images, video, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.
7. Copyright and Reproductions.
The Photographer shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of the Photographer's studio, including printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer desires to make other uses, the Photographer may do so without oral or written permission off the Client.
8. Client's Usage.
If the Client is obtaining JPEG images for personal use, they are authorised to reproduce, make prints. They are not however authorised to sell said copies to a third party. If the Client is using the image for newspaper or magazine purposes, the Photographer authorises the Client to reproduce the print in this manner. In such event, the Client shall request that the company run a credit for the Photographer adjacent to the photograph, but shall have no liability if the company refuses or omits to do so.
9. Failure to Perform.
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer's illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic and digital materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client's order.
10. Photographer.
The Photographer may substitute another photographer to take the photographs only in the event of Photographer's illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
11. Inherent Qualities.
The Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. Client is also aware that the Photographer is not responsible for the quality of reprints made by the client.
12. Photographer's Standard Price List.
The charges in this Agreement are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed and according to any special offers.
13. Client's Originals.
If the Client is providing original digital images, prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for any monetary amount.
14. Miscellany.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by English law.
15. Reshoots.
The Client will be charged 100 percent fee and expenses for any required reshoot requested by the client.
16. Terms and Conditions.
The terms and conditions of this contract supersede any and all expressed or implied terms and conditions of client’s purchase order, voucher or check (payment). Any exceptions of terms and conditions must be negotiated and stated herein as amendment(s). Client’s signature/ payment of deposit constitutes binding contract.
General Terms & Conditions
1. Booking Fees:
(i) Booking fees are non-refundable and are due in full within three days of booking, or at least 24 hours before the date of the session if booked with less than 5 days’ notice. Full payment of the booking fee secures the session date & time. No session is confirmed without said booking fee being paid.
(ii). Booking Fees are 50% of the overall packages price. This fee does not include digital images, prints and/or products, but is deducted in full from your final order, subject to placing an order at your first viewing appointment with us.
2. Viewing your images: Your images will be delivered to you on or after 14 days from the date of your shoot. Your images will be delivered via an online gallery, with the option to download your images for your own personal archives. Your online gallery will be available for at least 30 days from receiving your online gallery link.
3. Image Selection: The final collection of images presented to the Client will not contain all images shot on the day, as the Photographer will carefully make their selection to remove blinks, missed expressions, duplicates, incorrect exposure and any other images considered not appropriate to the coverage. The Photographer's decision regarding inclusion of images in the edited collection is final.
4. Orders:
(i) All orders are placed via our website and payment for an order is due immediately. Payment is accepted in cash, by card or bank transfer. There are no products, prints or digital images included in the booking fee (unless detailed on your invoice).
(ii) Once digital images and/or products are ordered, all sales are final and cannot be cancelled or altered due to their bespoke nature. The same applies to digital images. The Photographer cannot begin design work or processing orders until full payment has been received. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
(iii) Delivery of orders: Dunford Rees Photography will endeavour to have all orders completed and ready for collection within 28 days from the date the Client completes payment of their order in full. Where an order contains an album, then this 28 day period shall begin at the time the Client approves their album proof. The Photographer will do their best to complete all orders within this time frame, but cannot be held responsible for delayed completion of orders due to delays with third parties, including delays with printing/assembly of products by professional printing labs and/or delays with receiving orders in the post/via couriers and/or receiving faulty or damaged goods from labs or couriers which results in the need for replacement products to be ordered. The Photographer also cannot be held responsible for delays in delivery due to adverse weather conditions. All orders will initially be received by the Photographer to allow them to check the completeness and quality of the Client's order, at which point the Photographer will contact the Client to agree on a suitable collection date/time. The Photographer will keep the Client informed if there are to be any delays regarding the completion or collection date of their order.
(iiii) Printed Images and or products: The Client is aware that colour dyes in photographic printing 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 or discolouration due to such inherent qualities. The Client is responsible for protecting and caring for his/her printed and/or digital products. Dunford Rees Photography is not responsible for any damaged products, caused by the Client or otherwise, after successful delivery of acceptable quality products to the Client.
(iiiii) Digital Images: Digital images purchased will be delivered either via web-based digital download, or custom USB drive. Digital images delivered via a download link will be sent to the email address given at the time of booking. You are responsible for checking receipt of this email, including in junk and/or spam folders. Download links are active for a period of 30 days', after which time they will automatically expire. Digital images will be delivered in both high resolution and web size. Please use the provided web size images when sharing your images online and acknowledge Dunford ReesPhotography as the creator of the work. If the Client loses or damages his or her digital images, Dunford Rees Photography will not be liable for such loss or damage and will not replace lost or damaged files without a charge being made. It is highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client remain the property of Dunford Rees Photography and may not be altered in any way, shape or form, including but not limited to; editing the overall style of image, colour/contrast/exposure changes, cropping portions of the images (including cropping out watermarks), adding filters, adding objects/persons/graphics and deleting objects/persons/graphics. Doing so without prior written permission from the Photographer contravenes The Copyright, Designs and Patents Act 1988, under which these digital and printed images are protected. Digital images purchased by the Client may not be resold. Violators of this Law will be subject to its civil and criminal penalties.
5. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and/or printed photographs without Dunford Rees Photography’s permission, in the form of a Print Release or license. The Client must not copy images whether they have purchased them or not. Copying, scanning, screenshotting or printing images from the Photographer's website, Facebook page, Pixieset gallery or from other online sources or printed materials (including copying/scanning purchased prints) contravenes The Copyright, Designs and Patents Act 1988 and is considered stealing, regardless of the intent of use. Violators of this Law will be subject to a fine of £100 per image where Copyright has been breached. The Client/s will be provided with a print release alongside their purchased digital images, outlining that they may print copies or have copies of their digital images printed by a third party and may use their digital images on their personal social media accounts. Under no circumstances can a client use these images for profit, commercial endeavours, in competitions, or for professional display, unless an “all rights” license has been purchased. Please enquire for details. Dunford Rees Photography retains Copyright on all images and reserves the right to use these images and/or reproductions for promotion, advertising, display, publication (printed or online), social media promotion, websites or any other purpose such as competition entry. The Client will be asked to give their consent for use at the bottom of this contract. By signing this contract the Client warrants that he or she has authority to agree to the use of the likeness of all persons included in the portrait session in this manner. If the Client wishes to withdraw their consent for use of their images for any of the above purposes, they must email
mail@dunford-rees.com to notify us that they would like to withdraw their consent.
6. Purchased Images: Unedited or RAW image files will under no circumstances be provided to the Client.
7. Creative License: Dunford Rees Photography shall be granted creative and artistic license in relation to the choice of location and poses used. Dunford Rees Photography’s judgement on photographic style and the number of photographs taken, shall be deemed correct. Due to the changes of the weather and the willingness of subjects, Dunford Rees Photography will do their best to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific picture nor incorporate any specific background, location or group arrangement. Dunford Rees Photography may edit images determined by us to be substandard. Such discretion is to be made by the Photographer alone and in the Photographer’s absolute discretion.
8. Viewing & Printing Images: Please note that all images produced by Dunford Rees Photography have been done so with the use of colour calibrated monitors. Monitors used by the Photographer have been calibrated to meet printing standards, thus colour changes may occur when images are viewed on non-calibrated monitors. Also note that images viewed in non-professional editing programs may appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in colour, sharpness and other variables that may be affected by non-calibrated monitors and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client orders printed images directly from Dunford Rees Photography or else a reputable, professional lab to ensure that the quality of his or her digital images is met. Dunford Rees Photography is not liable for the quality of images printed by the Client's at any imaging lab, both professional and non-professional. If the Client wishes to have their digital images printed elsewhere, on a large scale, they may ask the Photographer for a free 'file resize' service, which will ensure that the file provided for printing is of suitable quality.
9. Additional editing of images: If the Client has a request for a small change to an image, please let the Photographer know when an order is placed. The Photographer can address minor changes at no cost (fix minor blemishes, tighter crop, etc.), but more involved requests are billed at minimum of £20 per image to cover additional editing time and the possible need to outsource in depth editing. The Photographer will let you know if there will be extra charges before work is commenced. Once the requested changes are made, charges apply regardless of whether the finished image is purchased
10. Other cameras: Because it can be distracting (especially to small children) and prevents the Photographer from being able to do their job effectively, other cameras and audio-visual equipment are not allowed to be used at a photographic session. The Client should not take any photographs on a mobile phone, unless they have asked the Photographer if they may do so first.
11. Personal Accident: Any directions issued to clients, their children or guests during a photographic session are deemed to be at said persons own risk. The photographer is not responsible for any personal accidents or injuries sustained during a photographic session. By signing this agreement you agree to take part at your/your children’s own risk. The client agrees to release the photographer from any claims against their person or their business.
12. Behaviour and cooperation: please be aware that parents are responsible for their child or children’s behaviour, health & safety at all times during the session (and viewing appointment if children are present). If any person's behaviour (including adults) falls below reasonably expected levels or causes a potential risk to safety, then the Photographer reserves the right to cancel a session immediately without notice or refund of any booking fee paid. Whilst the Photographer will do their best to achieve the best gallery of images possible, the Photographer cannot be held responsible for the non-cooperation of session participants and cannot guarantee the outcome of a session where participants either refuse to take part, do not take reasonable direction or in the case of children, are upset due to tiredness/teething etc. The Photographer always recommends that babies and young children should arrive to the session not long after a nap and already fed, to limit these circumstances as much as possible. The Photographer cannot be held responsible if this advice has not been followed. Rescheduling of a session due to lack of cooperation is at the Photographer's discretion. If the Photographer feels that a full gallery of images has been achieved then no rescheduling shall be offered.
13. Sickness Policy:
(i) Session participants: If either you or your child or children are ill, please inform the Photographer as soon as possible. The Photographer will reschedule your session to another date within one month wherever possible. Should it not be possible to reschedule a session within one month, then the Photographer will transfer the Client's booking fee to an alternative session within a 12 month period.
(ii) The Photographer: If the Photographer is ill, they will inform the Client as soon as they are aware and will offer to reschedule your session within one month wherever possible. Should it not be possible to reschedule a session within one month, then the Photographer will transfer the Client's booking fee to an alternative session within a 12 month period. Should the Client not wish to transfer their booking fee to another date within a 12 month period then the Photographer shall refund any booking fee paid by the Client, but will have no further liability in respect of the contract. The Photographer will not undertake any session whilst they have an illness (that they are aware of) that might be passed on to others - this is for the safety of session participants.
(ii) If the session booked is a time sensitive booking, specifically wedding days. The Photographer will try their best to recommend alternative photographers. We have close working relationship with different photographers, and will aim to offer an alternative. The Photographer shall refund any fee paid by the Client, but will have no further liability in respect of the contract. The Photographer will not undertake any session whilst they have an illness (that they are aware of) that might be passed on to others - this is for the safety of session participants.
14. Photographer cancellation and limit of liability: In the unlikely event that the Photographer is unable to perform due to fire or other casualty, strike, act of God, Force Majeure, or due to the Photographer’s illness or emergency or any other cause beyond the Photographer's or the Client's control, then the Photographer shall transfer the booking fee to another date within one month as agreed with the Client. If no reschedule date can be agreed upon within one month, then the Photographer will transfer the Client's booking fee to another session within a 12 month period. Should it not be possible to transfer a booking fee to another date within a 12 month period, then the Photographer shall refund any booking fee paid by the Client, but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the Photographer's part. In the event that the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the value of the Client's booking fee or order (whichever is applicable).
15. Client Cancellation: Subject to availability, the Client may transfer their booking fee to another date within one month, should it be necessary to cancel their session due to genuine illness or emergency. The Client must give the Photographer 24 hours' notice wherever possible, should they need to cancel or rearrange a session or viewing appointment. Failure to do so without significant reason will result in a late cancellation fee of £50 becoming payable in order to reschedule a session or viewing appointment. If the Client chooses to cancel their session completely after 14 days' of paying their booking fee, then the Client is aware that the booking fee will not be refunded to them, as the Photographer has already allocated and booked out the date and time for the Client's session in good faith. This period of 14 days' does not apply to sessions that are booked with less than 14 days' notice and no refunds for cancellations shall be given. As above, once images and products are ordered, all sales are final and cannot be cancelled or altered due to their bespoke nature. The Photographer cannot begin design work or processing orders until full payment has been received.
16. Arrival, Late Arrival and no show: Please arrive on time to your session or viewing appointment. The Client should try not to arrive more than 5 minutes early to their appointment, as the Photographer may still be with another client. As above, the Client must give the Photographer 24 hours' notice wherever possible, should they need to cancel or rearrange a session or viewing appointment. Failure to do so without significant reason will result in a late cancellation fee of £50 becoming payable in order to reschedule a session or viewing appointment. If the Client is more than 30 minutes late to their session appointment, without prior communication advising the Photographer of the Client's late arrival, then the session will be cancelled without notice or refund of any fees paid. If a Client is late or does not attend their session appointment, the Photographer is under no obligation to offer the Client an alternative session date & time, or to offer a refund of any booking fees paid. In this circumstance, if it is agreed that the session will go ahead on another date, then a new booking fee of £50 will be charged to reschedule a session. Please message the Photographer on 07956114916 if you are running late (even a few minutes).
17. What to bring to Children's sessions: Please ensure that all children arrive to the session in clean clothes (or with a change of clean clothes if you intend to change them on arrival) and that any nail varnish and/or temporary tattoos have been removed prior to the session. Please bring a hair brush, bobbles and baby wipes with you, so these may be used if required. Please also bring snacks for your child/children, as these can be very useful to help the session run smoothly.
18. Rescheduling/Change of location: If, in the opinion of the Photographer, inclement weather or other adverse conditions may prevent a portrait session meeting the artistic standards of Dunford Rees Photography, the Photographer may elect to use an alternate location or to reschedule the session.
19. Party size: A maximum of 2 adults may accompany children during a photographic session in our studio due to limited space. Please do not bring extended family members or additional friends to the session, unless they are participating in the session itself or are supporting the participants, as they will not be permitted to stay within the studio during the session.
20. Charges: The charges in this Contract are based on Dunford Rees Photography's Standard Price List. Dunford Rees Photography reserves the right to adjust this Price List periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
21. Complaints: If the Client should have a complaint, please direct this, by email, to; mail@dunford-rees.com. Complaints will be responded to within 7 working days.
22. Retention of digital images: All purchased images from the Client's session will be kept securely on an active file for a period of six months after the viewing and ordering session, allowing the Client to order further copies in future. After such time, all edited images shall be archived and stored securely as long as practicable. This data is usually stored indefinitely for legitimate business need, including promotional and marketing usage where agreed. As per section 4(iiiii) above; If the Client loses or damages his or her digital images, Dunford Rees Photography will not be liable for such loss or damage and will not replace lost or damaged files without a charge being made. If the Client requests to purchase further copies of their images following their initial viewing and ordering session, Dunford Rees Photography cannot be held liable if these files have been lost, corrupted or deleted over time. It is highly recommended, by Dunford Rees Photography, that clients immediately back-up any digital files on an external drive or via online cloud storage. There may also be a fee to retrieve the Client's images from archive after the initial six month time period. Any future orders placed from this session are considered an extension of this contract and the same Terms & Conditions shall apply to all further orders.
23. Data Protection and Privacy Policy: In accordance with the General Data Protection Regulation, Dunford Rees Photography shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of data and information collected from the Client. All personal data acquired by Dunford Rees Photography from the Client shall only be used for the purposes of this Agreement and shall not be further processed or disclosed without the consent of said Client. The Client's information will be held on file in order that further promotional and/or informational communications can be made by Dunford Rees Photography to the Client. The Client's data will not be passed on to third parties other than those required to complete the provision of services (such as online gallery provider Pixieset, image transfer site WeTransfer and/or professional printing labs). For further information, please see our Privacy Policy, which can be found at; www.dunford-rees.com/privacy-policy
24. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and agreed by both parties.
Changes to our Standard Terms & Conditions - June 2020 - Covid-19 (Coronavirus) Pandemic (these Terms & Conditions shall override the Standard Terms & Conditions where any rescheduling/cancellation is related to Covid-19). Clients signing this contract agree to the following:
Due to the current global outbreak of Covid-19 (also known as the Corona Virus, Coronavirus, Novel Coronavirus, SARS-CoV-2), the Photographer holds the right to cancel or reschedule sessions and viewing appointments without notice, limitation or justification. This is in line with the current WHO, CDC and Government recommendations in handling and containing the virus.
The Client is expected to comply with current hygiene and safety advice recommended by health services and must also agree to and abide by any additional hygiene terms the Photographer may send to the client prior to the session or viewing appointment.
Booked Sessions may not go ahead on the planned date/time and will be rescheduled to a later date if;
- Government guidelines advise against this type of contact or we are placed in a lockdown scenario that prohibits this kind of interaction.
- Either myself, my family members, yourself, your family members or anyone either of our families have been in close contact with are showing symptoms of Covid-19 or have been in contact with a confirmed positive case. Standard rescheduling fees will be waived where this relates to Covid-19.
- In the event the Photographer (or anyone they have been in close contact with) becomes unwell and is prevented from carrying out the booked session or viewing appointment, or if the Photographer is required to self isolate following Government advice, the Photographer will contact the Client as soon as possible and will make every effort to reschedule the session or viewing appointment with the Client. For sessions, the Client's booking fee will be transferred to an alternative session date within a 12 month period. The Photographer will endeavour to reschedule the session to a date as soon as possible, but Clients should be aware that booking fees may be transferred to another session type, or refunded if the event is time sensitive.
- In the event the Client (or anyone they have been in close contact with) becomes unwell and cannot attend the photography session or viewing appointment, they should advise the Photographer at their earliest opportunity. The Client will make every effort to reschedule the session or viewing appointment. For sessions, the Photographer will transfer the Client's booking fee to an alternative session date within a 12 month period.
The Client will be asked to complete a 'Covid-19' liability release waiver the day before their session. This asks Clients to confirm that they, their household or anyone they have been in close contact with have not had symptoms of the virus (within the last 14 days), that they or their household have not been asked to isolate by the NHS test and trace service or been diagnosed with Covid-19 (within the last 21 days) and that you accept any possible risks of attending your session. The Photographer also affirms the same upon your completion of this document.
If anyone attending the session (including but not limited to: the Client, the Client’s child or anyone else they have been in contact with) appears to have symptoms of the virus (including but not limited to: fever, a new continuous cough and/or loss of or change to usual sense of smell/taste) they will be asked to leave immediately, and the session will be halted without notice or restriction.
Dunford Rees Photography is following these enhanced procedures to reduce the risk of Covid-19:
- Each Client is required to sanitise hands as often as possible on a photographic shoot
- Each Client is required to wear a face covering throughout the session (except when being photographed). Please wear a face covering/mask without a valve, as masks with valves only protect the wearer and not others.
- Only immediate family members to be present at the session - only one parent wherever possible, unless both parents are being photographed.
- There will be a minimum of 24 hours between sessions to prevent Client contact with each other and to allow for extra cleaning time.
- The Photographer will thoroughly clean their hands before and after sessions and will wear a face mask during the session.
- Social distancing should be maintained wherever possible (Parents are responsible for their children maintaining a suitable distance from the Photographer). Where social distancing cannot be maintained, such as during newborn sessions, the Photographer will take extra precautions as necessary, according to prevailing advice at the time.
The Photographer reserves the right to amend these Terms & Conditions for booked sessions, pending a change in advice or circumstances. The Photographer commits to communicate any changes to the planned session with the Client and to carry out the session when it is safe to do so. Booking fees will be retained and used as credit towards another type of session.
APPLICABLE LAW
These Terms and Conditions shall be governed and construed in accordance with the Laws of England and Wales.