Contract for Wedding Photographic Services with Lindsay McConville Photography

www.LMPhotography.co.uk

Lindsay@LMphotography.co.uk

07753 909 275

84 Johns Road, Fareham, PO16 0RX

This Agreement expresses the full and complete understanding between the named parties and Lindsay McConville Photography (hereafter referred to as Lindsay McConville Photography), regarding the subject matter hereof. It supersedes all prior agreements. 


The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one Wedding Photography Package with Lindsay McConville Photography.

Throughout this Agreement, ‘You’ (and/or 'you') refers to the aforementioned, undersigned client(s) and the Event referred to within this agreement is the wedding of {bride} and {groom}, as detailed above.

Please initial below to confirm the above details are correct, and to confirm you understand that by signing this contract, you agree to all of the terms included within this document, in their entirety.

Please initial here to confirm You agree to the purchase of the above package, and payment of the full balance of £{package}, as per the terms of this agreement:

Lindsay McConville Photography would prefer to not bother you with any issues during your wedding celebration. For this reason, please provide a separate nominated contact for each of you. This should be someone reliable, who will be with you whilst you're getting ready and will have their phone to hand. They should be able to provide any necessary information and/or relay messages, in the event of the photographer having an emergency or being unable to find you within the venue when they arrive, for example.


This should also be someone who can aid in gathering guests for photographs (bonus points if they have a loud voice!) and provide assistance should any problems arise. This should also be someone you trust to help keep you primped and looking and feeling your best between shots.

Please initial below to confirm You have permission from the above contact(s) to share their information, and they are happy for Lindsay McConville Photography to contact them via SMS message, WhatsApp message and/or phone call, if necessary.

COOPERATION

The Parties agree that good faith, cooperation and communication between them is crucial in obtaining a good result. Lindsay McConville Photography is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to Lindsay McConville Photography, or beyond the photographer’s control. You agree that You are responsible for all parties involved with the agreed upon event and any included photo session(s).


Lindsay McConville Photography recommends You identify to the photographer(s) important individuals before and during the event and associate portraits, if You wish to have them photographed. It is also recommended You designate someone in the Wedding Party, to assist in gathering guests for photographs. Neither Lindsay McConville Photography, nor the assigned photographer(s) will be held accountable for not photographing desired guests, if there is no one to assist in identifying and gathering people for photographs, and/or if said guests are not present and co-operative. If there is an individual or individuals involved who do not agree to the terms of this agreement, You assume responsibility for any liability.


You also understand that to achieve the photo results seen within Lindsay McConville Photography's portfolio, You will need to follow the advice and recommendations of the Photographer. Should You choose to cut any photo sessions short or not follow these recommendations for any reason, Lindsay McConville Photography cannot be held responsible for any missed images or style differences. 


Please initial below to confirm You understand and agree to this Cooperation Clause:

HOUSE RULES

You agree and understand that the photographer(s) will be limited by the guidelines of the ceremony official or reception site/ venue management and You agree to accept the results that may occur from said guidelines. You understand and agree that negotiation with the officials for moderation of guidelines is solely Your responsibility. Lindsay McConville Photography will however offer technical recommendations concerning such guidelines.


Please initial below to confirm You understand and agree to this House Rules clause:

EXCLUSIVITY

Unless otherwise noted, Lindsay McConville Photography, its associates and/or employees will be the exclusive photographer(s) at this event. You agree that guests may not take photographs of the assigned photographer’s setups, poses or arrangements without the prior permission of the photographer(s). Should they be given permission, they must cooperate with the photographer(s), not obstruct any camera(s) or image(s) and not distract any photo subject(s) during portraits.


Guests are also asked to refrain from taking flash photographs during important moments, such as the ceremony and first dance, to prevent incorrect exposure of Your images.


You agree to communicate these messages to your guests and understand and accept responsibility for any issues arising from guests ignoring these requests; including but not limited to ruined photographs, extended portraiture times and potential injury.


Please initial below to confirm You understand and agree to this Exclusivity Clause:

CATERING

Please be aware Lindsay McConville is both coeliac and vegan and requires special meals due to this. It is requested that you please provide meal(s) for the photographer at the same time(s) as You and Your guests, for minimal disruption to the photography of important events, such as toasts and speeches.


Due to Lindsay's dietary restrictions, this may be difficult for Your caterer and take time for You to arrange, so please confirm with your caterer, wedding planner or venue to ensure they are able to provide meals that are not only vegan, but also gluten-free, so cater to Lindsay's dietary restrictions. If they are not able to do so, please make Lindsay aware of this at least 7 days prior to the event.


Coeliac Disease is a serious condition and as Your caterer will be aware of said condition, You understand if Lindsay has a reaction to food served at Your event that requires her to leave before the agreed end time, Lindsay McConville Photography cannot be held liable and You will not be entitled to any refund.


Please initial below to confirm You understand and agree to this Catering Clause:

NOTIFICATION OF CHANGES

Lindsay McConville Photography must be notified immediately of any changes to Your event or contact details. Should this be a change of venue or coverage, this will need to be made in writing at least one week prior to {eventdate}, and may affect Your Package Price. Should You send an email notification, please ensure You have received written confirmation of the changes.


Please initial below to confirm You understand and agree with the Notification of Changes Clause:

LAWS & SAFETY

You agree to abide by the laws set out by the UK Government regarding the COVID-19 pandemic or any other pandemic that may arise, including regarding any self-isolation, social distancing and facial coverings. Should Your event break any government or safety laws, regulations, guidelines or recommendations in any form or for any reason, You agree to inform Lindsay McConville Photography and understand this releases Lindsay McConville Photography, Lindsay McConville and any other assigned photographer from any liability, should they choose not to attend for their own safety and the safety of their family. This will be treated as a cancellation on Your part and no refund or damages will be due to yourselves from the assigned photographer(s), Lindsay McConville or Lindsay McConville Photography.


You also understand and agree that Lindsay McConville Photography and Your assigned photographer(s) have a reasonable expectation to feel safe and respected whilst working for You and at Your event. Should any photographer feel their safety is threatened, they reserve the right to leave the event at any time and not return, and no refund or damages will be due to yourselves from the assigned photographer(s), Lindsay McConville or Lindsay McConville Photography.


You also understand that Lindsay McConville Photography will bring required equipment to your event and you release Lindsay McConville Photography from any liability in the event that You, Your partner or any attendee of your event, including other vendors, should be injured by said equipment.


Please initial below to confirm You understand and agree to this Laws & Safety Clause:

PACKAGE FLEXIBILITY

As discussed, You can add additional coverage to Your package at any time, at a discounted rate of £400 per hour, plus any additional accommodation, parking and/or transport costs, if necessary. Should You choose to add additional hours on the date of the event, these can only be added after the scheduled end time and will be charged at a rate of £500 per hour, plus any additional accommodation, parking and/or transport costs, if necessary. Any additional time will be rounded in Your favour to the nearest 15 minutes and prorated.


Any optional items or photo sessions included in Your package cannot be exchanged for other items. Should You opt out of these photo sessions or items, You understand You will not be due any refund or exchange for other items, photo sessions or photography coverage. Additional items such as USB memory sticks, printed photographs and albums can be added to Your package at any time, and will be charged at the current rate at the time of purchase. You understand that Lindsay McConville Photography’s pricing is subject to change and any items will be charged at the current rate, at the time of purchasing said items.


Please initial below to confirm You understand and agree with the Package Flexibility Clause:

RETAINER & PAYMENT SCHEDULE

At the signing of this agreement, a non-refundable retainer of £{retainer} is due. Until Your retainer has been paid, Your booking is not guaranteed. Should You cancel or otherwise breach this Agreement, the non-refundable retainer shall be liquidated for damages to Lindsay McConville Photography. You will also be responsible for payment of any materials/charges incurred by Lindsay McConville Photography up to the time of cancellation. Otherwise, the retainer shall be applied towards the Final Total, noted at the end of this Agreement, with the remainder of charges payable in full, four weeks before the date of the event unless otherwise agreed in writing.


Please initial below to confirm You understand and agree to this Retainer & Payment Schedule Clause:

CANCELLATION & POSTPONEMENT

You are entitled to a 48-hour waiting period, during which time you can cancel your booking for any reason and receive a refund of all payments made, providing this is not within 14 days of the event itself. If You cancel after this 48-hour waiting period has passed, 50% of the full invoice total will be due, providing this is not within 3 months of the event itself. If You cancel this agreement within 3 months of the Event Date for any reason, the full invoice total will be due.


If your wedding is postponed for any reason, including but not limited to restrictions due to the COVID-19 pandemic or any other related or unrelated pandemic or 'Act of God', payments made can be transferred to the new date for a one-off rebooking fee of £500, provided Lindsay McConville Photography is available. If Lindsay McConville Photography is unavailable for your new date, this will be treated as a cancellation. Please be aware Lindsay McConville Photography's prices are subject to change and likely to increase over time and it is at their discretion whether you will be charged the difference between the price of your package at the time you booked and the updated price of your package at the time of postponement.


Lindsay McConville Photography also reserves the right to cancel this contract at any time and You agree that Lindsay McConville Photography or the photographer's full and complete responsibility and liability is limited to the return of all payments received for the event, less any expenses.


Please initial below to confirm You understand and agree to this Cancellation & Postponement Clause:

LIMIT OF LIABILITY

If Lindsay McConville Photography or its assigns cannot perform this agreement due to Force Majeure, including but not limited to a fire, casualty, strike or other civil disturbance, Act of God, road closure, severe traffic, fire, terrorism, other causes beyond the control of the parties, or due to the photographer's illness, then Lindsay McConville Photography shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement.


In the unlikely event that the photographer is injured, becomes too ill, or has an emergency that prevents them from photographing the event, Lindsay McConville Photography will make every effort to secure a replacement photographer. If a suitable replacement is not found, You agree the responsibility and liability of Lindsay McConville Photography to You is limited to the return of all payments received for the event, less any expenses.


The client and Lindsay McConville Photography both assume the risks and dangers of the photographer's travel. In the extremely unlikely event an unforeseen Act of Nature, travel disaster, accident or emergency occurs while Lindsay McConville Photography is en route to the event, which prevents them from attending, You agree the responsibility and liability of Lindsay McConville Photography to You is limited to the return of all payments received for the event, less the retainer and expenses. Should Lindsay McConville Photography be delayed for any reason, but still able to attend for a portion of Your event, You agree the responsibility and liability of Lindsay McConville Photography to You is limited to a prorated refund of Your coverage cost, less the retainer and expenses, based on the time missed.


Due to the limited and subjective nature of the event, Lindsay McConville Photography cannot be held responsible for 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, venue or location restrictions, or any issues or delays arising whilst travelling between venues or locations. The photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the bride, groom, guests or other principles, rules and restrictions of the venue, or the rendering of decorations of the location.


You understand and agree You are responsible for the research and payment of all location fees and permits, and should any occur on the date of Your Event, these will be added to Your Invoice after the Event.


You understand and agree that any unexpected expenses accrued by Lindsay McConville Photography and/or The Photographer(s) on the date of Your Event due to additional travel, coverage or for any other reason related to Your Event, will be added to Your Invoice. You also understand any mileage cost on Your Invoice is an estimate and may be recalculated after the Event.


Please initial below to confirm You understand and agree to this Limit of Liability Clause:

EDITING

After your wedding, Lindsay McConville Photography will carefully select the best photographs to edit in their signature style. You understand and agree that this may mean you do not receive every photograph taken at your wedding.


You understand that adjustments to lighting, tone, and cropping are included in your package, but Lindsay McConville Photography will not retouch your images or edit features in a way that does not reflect how you or the subject appeared on the day. If you wish to have any of your photographs retouched, the decision to do so would be at Lindsay McConville Photography's discretion and would be at an extra cost, determined by Lindsay McConville Photography, depending on the nature and extent of the retouching required.


Lindsay McConville Photography will not provide RAW image files under any circumstances.


Please initial below to confirm You understand and agree to this Editing Clause:

COMPLETION SCHEDULE

Digital Images are expected to be delivered within 20 weeks of the event date, provided full payment has been received prior to Your event. This does not include any requests by the client for further edits or enhancements.


If full payment has not been received prior to Your Event, no editing of Your images will begin until full payment has been received. This includes payment for any additional coverage added to Your booking after this contract is signed, including on the date of the event.


Should You have a USB of images included within Your package, this will typically be sent within 4 weeks of Your images being delivered, provided all necessary information requested is provided. Any printed items, boxes or albums will require additional time.


Please initial below to confirm You understand and agree to this Completion Schedule Clause: 

PROTECTING YOUR IMAGES

Once Your images have been delivered by Lindsay McConville Photography, it is Your responsibility to ensure their safety. Lindsay McConville Photography recommends You create several backup copies of Your images and store them in more than one physical location, such as SSD Drives, as well as in the cloud. Lindsay McConville Photography cannot be held responsible for the failure of USB drives once they have been sent to You.


After you receive your images, Lindsay McConville Photography will archive Your photographs for a total of one year. If you lose any of the images from your wedding during this time, an archival fee of £150 will be required on each occasion and You will have 14 days to re-download Your images. Alternatively, if You'd like extra security, Lindsay McConville Photography does offer a Cloud Backup Subscription that can be purchased once Your images have been delivered to You.


Please initial below to confirm You understand and agree to this Protecting Your Images Clause:

IMAGE RELEASE

You hereby grant to Lindsay McConville Photography and any of its successors, heirs, executors, administrators, assigns, attorneys, solicitors, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of You or in which You may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same.


You also grant to Lindsay McConville Photography and any of its successors, heirs, executors, attorneys, administrators, assigns, solicitors, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of any and all minors for which you are the responsible parent or guardian, or photographs in which said minors may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same.


You hereby release Lindsay McConville Photography and all associates, representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Lindsay McConville Photography’s use of said images.


Please initial below to confirm You understand and agree to this Image Release Clause:

IMAGES & COPYRIGHT

Photographs/images produced by Lindsay McConville Photography are protected by Copyright Law (all rights reserved). Upon final payment by You, You are granted limited license to use and display the resulting images for personal use. Said images may not be altered or reproduced in any manner, including the use of filters or retouching software, without the prior written permission of Lindsay McConville Photography.


Lindsay McConville Photography can grant the use of the images to third parties and all compensation for use and credit for the images remain the property of Lindsay McConville Photography. You hereby waive any right to inspect or approve the photograph(s), any finished version(s) incorporating the photograph(s), and/or the use to which it may be applied, including any written copy that may be created and appear in connection therewith. You hereby irrevocably waive any claims of ownership, income and editorial control and understand You must obtain written permission from and compensate Lindsay McConville Photography prior to You, Your associates, friends or relatives editing, filtering, publishing or selling the photographs. This release is binding on the client and their legal representatives.


If you receive a USB of images, You may make prints for personal use, as indicated, but may not copy or redistribute the USB in any manner. It is a breach of this agreement to not only reproduce or change the images, but to display them on social media networking sites or elsewhere without crediting Lindsay McConville Photography. Any image shared on the internet should be either captioned crediting Lindsay McConville Photography or tagging Lindsay McConville Photography (@Lmccphoto) in your image or post.


Please initial below to confirm You understand and agree to this Images & Copyright Clause, and acknowledge You cannot and will not edit, add any filter, crop, reproduce or alter the images Lindsay McConville Photography provides in any way, as per Copyright Law:

LIMIT OF LIABILITY

Lindsay McConville Photography takes the utmost care with respect to exposure, storage, and processing of the photographs/images, but cannot and does not guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond Lindsay McConville Photography’s control. You agree that Lindsay McConville Photography or the photographer's full and complete responsibility and liability is limited to the return of all payments received for the event, less the retainer. You further agree that the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost, based on the estimated percentage of the total number of original images, less the retainer.


You acknowledge that any shot lists and/or images submitted to Lindsay McConville Photography will be used for organisational purposes and will in no way represent or guarantee photography that will be produced. Lindsay McConville Photography will do its best to fulfill all requests, but can make no guarantees all images will be delivered.


Lindsay McConville Photography and the photographer are not responsible for any prints, albums or printed albums not ordered directly through Lindsay McConville Photography. You understand and assume responsibility should You be unhappy with the prints You receive, including any differences in colour, tone and quality of the image.


Please initial below to confirm You understand and agree to this Limit of Liability Clause:

Lindsay McConville Photography kindly asks you please schedule a call with us, roughly two weeks prior to the date of Your Event, to touch base and go over any last-minute details or changes. You can do this through Your Client Portal. We will make every effort to contact you to remind you of this, but it is the client's responsibility to contact Lindsay McConville Photography, to confirm and/or notify changes to any wedding details, times and other important information.


Lindsay McConville Photography retains the copyright to all images produced by Lindsay McConville Photography and/or its photographers and subcontractors. If receiving or purchasing high resolution images on a flash drive or as digital downloads, You will be given a written print release to make personal copies of said images. You understand any image(s) given or purchased cannot be used for profit or advertising, and any usage of these images online or otherwise, by the client or any other party, need to be credited to Lindsay McConville Photography.


By signing this contract, the undersigned confirm they have read and understood the contract, and agree to the terms and conditions in their entirety. Only the bride and groom (or other signers of this document) can discuss any problems that arise.