All images and content © Caroline Nicholson Photography 2016

Caroline Nicholson Photography – terms and conditions

1. Description. The Supplier agrees to create the Images in accordance with the following specifications:

a. Photographer 1 (Caroline Nicholson) - Photography of event day at the sole artistic discretion of the Supplier. Client acknowledges that the photographer is a “photojournalistic, natural light” photographer and adheres to the said style and its limitations – e.g the limited use of flash photography, and the use of natural
light where possible. No shots throughout the day are guaranteed (such as, but not limited to, formal group shots, first kiss, bouquet toss, etc. but all efforts will be made to capture these important moments). Client acknowledges that the photographer(s) is using their artistic discretion to create photographs as the photographer sees fit. Photographer will be present on event day for no more than 8 hours (unless agreed otherwise as specified in or as an extension of a collection) and it is up to the photographer when enough images have been captured to cover the agreed collection;

b. Digital negatives and processed digital photos to be delivered (postmarked/digital metadata mark) within two months of event date on DVD or digital download, whilst every effort will be made to deliver before this time, this is not guaranteed.

c. Client acknowledges that CLN Photography retains all copyright to images, but may grant ‘reproduction rights’ to clients for a fee (see section 2). CLN Photography has the right to use all images from a photographic shoot/wedding etc, for any and all marketing materials directly associated with CLN Photography, this includes, but is not limited to, www.clnphotography.co.uk, the CLN photography blog, Facebook, twitter, and submitting to external related blog sites such as Rock’n’Roll bride, where the photographer sees fit. All sessions/events/weddings may be blogged at the photographer’s discretion, and you may be ‘tagged’ in images on social networking sites such as Facebook.

2. Use of Images: Images are strictly produced for the client’s private home use only. Client assumes all liability
for any form of copyright infringement. Where ‘reproduction rights’ are purchased, this entitles the client, to
use the images and ‘reproduce’ images in printed form for their own use. Images may not be used online, or for any other purpose, unless the express permission from CLN Photography has been sought. Images used online and on social networking sites, must not be cropped and must retain the CLN watermark/copyright symbol (for an example of said symbol, please see the existing Facebook fan page for CLN Photography (https://www.facebook.com/home.php#!/Caroline.Lavelle.Nicholson.Photography). Should images be used without this symbol or cropped online you may be asked to remove the image and replace with the copyrighted image, this is both for the protection of the client, and to protect the integrity of the images and their representation of CLN Photography. This also ensures the images can’t be easily stolen.

3. Grant of Rights. Supplier hereby grants to the Client only, the following exclusive rights to use the images for use in the home, as printed media, in albums, and associated legitimate photographic products. These rights shall be worldwide and for the full life of the copyright/reproduction agreement and any renewals thereof unless specified to the contrary here: Unless media sold to outside party with the express permission of CLN Photography. This grant of rights includes electronic rights, unless specified to the contrary here. Electronic rights granted shall be subject to the usage restrictions shown above. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer discs, digital media, computer databases, and network servers. The Client is obtaining prints and digital images for personal use only, and shall not sell said prints, digital negaitves or authorize any reproductions thereof by parties other than the Supplier. If any of the Supplier's images are published (on the web or any other media, including social media) with prior agreement, proper photo credit such as “© Photo by www.CLNphotography.com” is required. If Client is obtaining a print for newspaper/online announcement of the wedding, the Supplier authorizes Client to reproduce the print in the above manner with said credit. Any use of images on social media should also include said credit, and only the ‘Watermarked’ images supplied by CLN are permitted to be used online.

4. Fee. Client agrees to pay the agreed fee for photography, printing, and miscellaneous services set forth in paragraph 1 herein, including usage rights granted herein. In the event of a Cancellation of this Agreement by the Client, the Client agrees that all fees already paid to the Supplier as of the date the notice of termination is received by the Supplier will be forfeited in order to protect against any potential loss of earnings. Termination by the Client shall be in writing and sent by registered mail or acknowledged email to the Supplier. Acceptable forms of payment include cash, and direct Bank transfer to an agreed account. Any deposits supplied to secure a date are non-refundable and act as a retainer for the services of CLN photography on the agreed date. All payments must be made and completed 1 calendar month before the date of the session/wedding, and all monies are non-refundable at this point. Cancellation of a booking will result in the loss of the booking fee and acts as payment toward any work already carried out (meetings, contract prep, securing the date, correspondence) and further protection against loss of earnings (i.e. resulting in the inability to re-sell the particular date). If a cancellation is made 6 months before the date of the booking 50% of the final fee will be due, cancellation 3 months before the date of the booking 75% of the fee will be due and cancellation up to 1 month before the date of the booking will result in the full fee being due in its entirety. All cancellations must be made in writing to CLN Photography as specified above and by the client named. Any refunds will be minus any administration costs imposed by the Bank – but will be documented.

5. Expenses. Client agrees to reimburse the Supplier for all reasonable expenses incurred in creating the Images, provided that such expenses shall be itemized and supported by invoices. Client is responsible for all Out-of- Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as it becomes available. For overseas or travel outside a 50 mile radius of the registered address for CLN Photography, travel expenses will be added to the final Collection Price, and will include flights, petrol, hire car, hotel accommodation or any other expenses directly related to the attendance at said booking.

6. Payment. Client agrees to pay the Supplier £200 minimum reservation fee upon the signing of the provisional or full booking agreement. Client agrees to pay the Supplier the remaining balance one month before day of photography services (day of event). Upon signature, the Supplier reserves the time and date agreed upon. For this reason, all reservation fees/deposits and retainers are non-refundable, even if the wedding date is changed
or cancelled for any reason. There shall be NO refund of any payment made. Client is aware that the photographer is blocking off the particular date in question therefore turning away any other potential work on that date therefore there is no cancellation and no refund is permitted. If final payment is not received, CLN Photography will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of ordering. If additional hours are worked, products will not be delivered until payment for those products is received in full. A £50.00 fee with will be charged for any returned bank cheques. If Client fails, or refuses payment or delivery by the terms set forth, Photographer shall charge the Client a service fee of £1000.00 plus 2% interest per month.

7. Liability. The Supplier and any of his agents or third party associates will not be liable in the unlikely event
that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of god, equipment or other failures. The Supplier is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, registrar/celebrant restrictions and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (film and digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Photographer. Client understands the unpredictable and non-posed nature of photojournalism/natural light photography (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence). In the event the Supplier fails to perform for any other reason, the Supplier‘s liability is limited solely to the return of all payments received from the Client under this Agreement.

8. Authorship Credit. Authorship credit in the name of the Supplier [i.e., Caroline Lavelle-Nicholson
Photography and www.CLNPhotography.co.uk] shall accompany the Images when reproduced.

9. Copyright Notice. Copyright notice in the name of the Supplier [i.e., Caroline Lavelle-Nicholson Photography and www.CLNPhotography.co.uk] shall accompany the Images when reproduced. All copyrights, as well as originals, be they negatives or digital negatives, remain the sole property of the Photographer. In the event that digital negatives are provided, the photographer still retains copyrights on all the photographs.

10. Ownership of Physical Images and Storage Media. The ownership of the physical Images in the form
delivered shall be the property of the Supplier. Sketches and any other materials created in the process of making the finished Images shall remain the sole property of the Supplier. Storage media (such as computer disks and digital cards) that contain electronic copy of any or all of the Images shall be the sole property of the Supplier. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Supplier.

11. Warranty and Indemnity. The Supplier warrants and represents that he or she is the sole creator of the Images and owns all rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Supplier against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.

12. Arbitration. All disputes arising under this Agreement should first be notified in writing to the supplier, in an attempt to resolve any disputes in an amicable agreement. If this cannot be settled upon, all disputes will be submitted to binding arbitration in the UK pursuant to the rules under UK Law. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

13. Assignment. The Supplier shall have the right to assign monies due to him or her under the terms of this
Agreement, but shall not make any other assignments hereunder.

14. Term and Cancellation. Subject to paragraph 4 (Fees), the Client may terminate this Agreement at any time prior to the Supplier’s commencement of work and may terminate thereafter if the Supplier fails to adhere to the specifications or schedule for the Images, the client may be subject to the relevant cancellation fee as noted in booking correspondence. This Agreement shall also terminate in the event of the Supplier’s bankruptcy or insolvency. The rights and obligations of the parties pursuant to Paragraphs 3, 8, 9, 10, 11, 12, and 13 shall survive termination of this Agreement. The Supplier also retains the right to withdraw their services if the supplier is subject to or witnesses aggressive, abusive, threatening, or violent behaviours whilst in the course of their job. Should such a circumstance arise, the supplier may withdraw their services without prior written notification and at any time on or before the booked day. Likewise, the supplier would no longer be liable to supply any images or further services, should they encounter or witness aggressive, abusive, threatening or violent behaviour in the course of their work. No refund will be provided in these circumstances. Likewise if the supplier is placed in a dangerous or unsafe situation, services will be withdrawn without prior notification and would no longer be liable to supply any images or further services. No refund shall be supplied in any of these instances.

15. Miscellany. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the UK.

16. Permissions to Photograph: It is the sole responsibility of the Client to secure permission of the church, synagogue or other venue of the wedding/photographic session for the Supplier to photograph the ceremony/event. The Client shall insure the placement of the bridal party, the officiant(s) and the altar decorations so as to not obscure the view of the bride and groom. The Supplier will abide by the rules of the church/synagogue in regards to camera placement at the ceremony. Many Cities, counties, state agencies (if abroad) and private venues/businesses are charging a photography permit fee. The client is responsible for the payment of such fee and organising the purchase of such a permit, which should be supplied no later than 48 hours before the wedding. In the event clients fail or refuse to pay for any such permit fee despite having been informed by the Supplier that such fee is required, client is responsible for any and all related costs or fines if applicable.

17. Final Photo Product: The Supplier makes no guarantee, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Supplier, especially during live or un-staged events such as weddings. It is also understood that the Client is hiring the Supplier for his technical and artistic expertise and, therefore, the Supplier reserves the right to edit the Images as he sees fit. The Supplier does not guarantee that everyone involved in the event will be photographed or will be included in the final Images, although every effort will be made to do so where possible. Client is aware that colour dyes in photographic products may fade or discolour over time due to the inherent qualities of dyes, and Client releases Supplier from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life. Client is aware that digital files (usually supplied on DVD or USB but may also be supplied via digital transfer or FTP) may be corrupted due to inherent media deficiencies and random interference. Supplier is not liable for any deterioration caused by inherent deficiencies or the quality of home storage devices once supplied to the client. Images will be stored for with the photographer for a maximum of 24 months, after which time, images may be securely destroyed.

18. Post-production costs: Requests for additional changes to the final Images will be subject to an editing surcharge of £100 per hour. Changes to albums and/or other photographic products over and above the initial proofing session will be charged at £25 per page to a minimum of £100. After a maximum of 2 hours, the fee reverts to an hourly commercial fee of £150 per hour.

19. Event Food/rest Service: It is clients’ option to provide the photographer and her assistant(s) a meal/rest area for events of 5 hours or longer, in a secluded environment – CLN photography staff should not be seated with the wedding guests. If no meal is provided (which is the norm for CLN photography), it is understood that the photographer and her assistant(s) will leave the event for a minimum of one hour to purchase a meal and/or take a break, usually taken whilst the wedding party is eating. The Supplier is not responsible for any photos that may be missed while obtaining a meal or taking said break.

20. Model Release: The signing of this agreement and/or any booking form(s) by the Clients constitutes a commercial model release by the Clients to the Supplier. The Supplier will have the right to make reproductions include but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. The Supplier will not make reproductions for other commercial use without first obtaining the written permission of the Clients. Client waives the right of tort of invasion of privacy due to any reproductions.

21. Photographer Substitution: The Supplier may substitute another photographer to take the photographs in the event of Supplier's illness or of scheduling conflicts. In the unlikely event of such substitution, Supplier warrants that the photographer taking the photographs shall be a competent professional with all the associated insurances required, and will be of a similar style and experience as the Supplier – although this cannot be guaranteed in this unlikely event. No refund will be offered should the change be as a result of supplier sickness, bereavement or injury.

22. Exclusive Photographer: The Supplier shall be the exclusive photographer retained by the Client for the purpose of photographing the wedding and other contracted event/shoot(s). Family and friends of the Client shall be permitted to photograph the wedding as long as they shall not interfere (standing in front of or behind the photographer) with the Supplier's duties and do not photograph poses arranged by the Supplier. The photographer reserves the right to cancel any and all agreements if the above is not adhered to.

23. Wedding Coordinator/Planner/Client responsibilities: Due to the nature of typical wedding day and varieties of events taking place in several locations, the photographer will frequently move, change and secure his/her equipment throughout the day. It is likely that the photographer will not always be in close proximity to the wedding couple, therefore, it is the responsibility of the wedding coordinator/planner or Client to inform the photographer in advance when the next major event is about to take place, particularly where last minute
changes have been made. For example, starting of ceremony, first dance, cake cutting, toss of bouquet…etc.
While every effort will be made to capture formal groups and requested images where possible, the
photographer will be unable to wait for guests if they cannot be located quickly, when required. It is the client’s responsibility to ensure anyone required for photographs is present and willing to be photographed. The photographer accepts no responsibility for the unwillingness of any guest to appear in photographs. It is the Clients responsibility to ensure the safety of the photographer and her assistant(s) and agrees that all contracts may be terminated if the photographer is subject to abusive or dangerous behaviour from the client or any of the wedding/event/shoot participants or guests.