These are the legal terms and conditions of sale relating to the following products/and or services provided by Keith Malcolm Photography.
It is agreed that the following terms set out 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.
A non-refundable booking fee of 20% of chosen package is required when the client signs this contract. Dates are only reserved when the booking fee is paid. The Booking fee of 20% secures the date, time and services of Keith Malcolm Photography for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 6 weeks before the wedding will result in payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
A non-refundable booking fee of 20% will confirm the booking, as well as full acceptance of the terms and conditions. The booking fee will be deducted from the cost of the chosen package when calculating the final balance due. Payment in full of the remaining balance will be due one calendar month before the wedding day. Final photographs and DVDs/USBs will not be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered. Payments for albums must be paid in full at time of order due to the nature of the cost. Please allow up to 28 working days before presentation of images, and a further 10-14 for your order/s to be delivered.
Keith Malcolm Photography may use the images taken within this contract in their portfolio, website, advertising, promotion, literature, exhibitions, studio, display area or for any other appropriate purpose.
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 fibers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.
If in the unlikely event that adverse weather conditions or any unforeseen circumstances significantly reduce the number of photographs which were due to be taken on behalf of the client, then Keith Malcolm Photography cannot be held responsible/liable for such events.
The client understands and accepts that the photographic coverage will be as the photographer's professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instructions, although every effort is made to comply with client's wishes. All special requests must be made by the client in advance and in writing to Keith Malcolm Photography.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
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 and remain the copyright of Keith Malcolm Photography. 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 written permission of Keith Malcolm Photography. All chosen and final images supplied to the client on CD/DVD or USB Stick which will include copyright permission for those photographs, allowing the client to print their own copies of such images as included on the CD/DVD or USB.
Keith Malcolm Photography shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability.
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.
The Client may cancel this contract at any time by giving written notice to Keith Malcolm Photography but in doing so shall forfeit any monies paid. Cancellation less than 6 weeks before the wedding date will result in the payment in full.
Digital files remain the sole property of Keith Malcolm Photography.
All prices are subject to the then current rate of V.A.T. (if applicable).
Final payments are to be made payable to Keith Malcolm.
The owner reserves the right to update or modify these Terms and Conditions at any time, in which case the revised changes will be effective from their date of their publication on this webpage here. It is your responsibility to make sure you check this page from time to time, to ensure that you are familiar with any changes or updates within these Terms and Conditions. Failure to do so does not invalidate any changes that may take place on this website, and your continued use of this website signifies your acceptance and agreement of such changes as and when they may occur.
These Terms and Conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
We keep this Policy under regular review. This Policy was last updated in May 2018.