Terms & Conditions

Services are covered by the following Terms and Conditions. Please ensure you familiarise yourself with these before booking.

Entire Agreement

This agreement contains the entire understanding between ‘Captivating Photography’ and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

General Synopsis

Any additional charges incurred, will be recovered from the CLIENT and agreed in advance where possible.

  • Wedding Collections (only) include travelling expenses up to 50 miles round trip from the IV2 postcode. All miles in excess of 50 miles round trip are charged at £0.50 per mile and will be billed after the EVENT(S). All other commissioned jobs mileage are quoted on an individual basis, based on location.
  • ‘Captivating Photography’ may require accommodation where the photography location is at a distance of 100 miles or greater from the IV2 postcode.
  • Where it is necessary to travel to a photography location the evening prior to the shoot and when it may be necessary to stay overnight (e.g. where a wedding runs late), the cost of accommodation shall be covered by the client.
  • Where required, any accommodation arrangements must be confirmed with Captivating Photography before booking.
  • During wedding shoots where attendance is greater than 4hrs food and beverages must be provided to all Captivating Photography staff (with suitable seating at the venue).
  • Once a FINAL TIMELINE has been agreed, should proceedings on the day run over the initial times agreed on your timeline, a discretionary charge of £200/hr will apply and billed after the EVENT(S). “Photos completed” define end of day.
  • Terms and Conditions subject to change.

Booking Fee Payment

Commercial Work:
A 50% NON-REFUNDABLE Booking Fee and signed Contract is required to confirm the dates and times of the EVENT(S) booking of Captivating Photography. The Booking Fee fee is being paid to secure ‘Captivating Photography’ (the photographers) services for a particular date, that securing such services prevents ‘Captivating Photography’ from booking other clients, and that economic loss will result if the photographers do not collect the fee. Bookings are made on a strictly first-come first-serve basis. EVENT(S) dates will ONLY be secured upon receipt of both the non-refundable Booking Fee and completed Contract.

Weddings:
A £500 NON-REFUNDABLE Booking Fee and signed Contract is required to confirm the dates and times of the EVENT(S) booking of ‘Captivating Photography’. The Booking Fee fee is being paid to secure ‘Captivating Photography’ (the photographers) services for a particular date, that securing such services prevents ‘Captivating Photography’ from booking other clients, and that eco- nomic loss will result if the photographers do not collect the fee. Bookings are made on a strictly first-come first-serve basis. EVENT(S) dates will ONLY be secured upon receipt of both the non-refundable Booking Fee and completed Contract. Booking Fees are not transferable to new dates.

Payment Schedule

The aforementioned non-refundable Booking Fee fee is due at the time of signing of Contract which result in booking ‘Captivating Photography’. The remaining balance is payable in full, TWO months prior to the EVENT(S). In the event the CLIENT fails to remit payment as specified, ‘Captivating Photography’ shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Any bank charges incurred will be debited to the client. Extra albums, prints and services – orders with 3rd party suppliers will not be placed until payment is received in full. Post production will only commence once full payment has been received. No images will be released until the final balance is paid in full.

Prices

‘Captivating Photography’ is not VAT registered, thus does not charge VAT on products or services. Services, products or merchandise not included in this initial contract (at time of booking), will be sold at the current price when the order is placed. All prices and specifications are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from ‘Captivating Photography’ directly.

Festive Period Surcharge

EVENT(S) booked for 24/25/26th, 31st December, 1st, 2nd January incur a 50% increase in standard quoted costs.

Event Schedule / Timeline

The CLIENT agrees to confirm the schedule no later than two-month prior to the EVENT(S). A Final Timeline will be agreed upon no later than two-month prior to the EVENT(S), based on the clients’ requirements. Notification of any changes in schedule / timeline or location must be made in a timely manner and confirmation of receipt must be obtained from ‘Captivating Photography’ by the CLIENT. Once a FINAL TIMELINE has been agreed between ‘Captivating Photography’ and the CLIENT, should proceedings on the day run over the initial times agreed on your timeline, a charge of £200/hr will apply and billed after the EVENT(S). “Photos completed” define end of day.

Weather & Delays

Weather permitting the photographs will be taken as agreed. In the event of inclement weather the photographer, in cooperation with the CLIENT will make necessary changes to the schedule and will we’ll do our best to produce coverage of the EVENT(S) within the time allocated to us. Similarly, when delays occur due to circumstances out with ‘Captivating Photography’s’ control, the photographer will stay on beyond the agreed time if required, for an additional fee.

Shooting Time / Additions

The CLIENT and ‘Captivating Photography’ agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will still commence at the scheduled start time and end at the scheduled end time. ‘Captivating Photography’ will not be held responsible for loss of photographic material due to delays in the EVENT(S) schedule. All additional time beyond the scheduled end time will be billed to the CLIENT accordingly.

Expenses Incurred

When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT. During wedding shoots where attendance is greater than 4hrs food and beverages must be provided to all Captivating Photography staff (with suitable seating at the venue). Any additional charges incurred, will be recovered from the CLIENT and agreed in advance where possible.

Travel Expenses

All travel expenses are based on the distance between the EVENT(S) location(s) and ‘Captivating Photography’ address (IV2 postcode). Round trip is charged at £0.50 per mile. Where flights/ trains are needed, travel time is charged at 1⁄2 of day rate plus travel fees. All commissioned jobs mileage are quoted on an individual basis, based on location.

Weddings:
Wedding Collections include travelling expenses up to 50 miles round trip from the IV2 postcode. All miles in excess of 50 miles round trip are charged at £0.50 per mile and will be billed after the EVENT(S).

Accommodation

Accommodation needs to be paid for Charné (and where applicable assistant), for EVENT(S) further than 100 miles from IV2. All accommodation arrangements need to be confirmed in advance with ‘Captivating Photography’. Where it is necessary to travel to a photography location the evening prior to the EVENT(S) and when it may be necessary to stay overnight (e.g. where a wedding runs late), the cost of accommodation shall be covered by the client. We prefer to book our own accommodation and will agree suitable arrangements (if possible) with CLIENT prior to any accommodation reservation.

Responsibilities

‘Captivating Photography’ is not responsible for compromised coverage due to causes beyond the control of the ‘Captivating Photography’ including but not limited to obtrusive CLIENT or guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the ‘Captivating Photography’, rendering of decorations, or restrictions of the locations. ‘Captivating Photography’ is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. ‘Captivating Photography’ is not held liable for missed coverage of any part of the EVENT(S). ‘Captivating Photography’ will not be held accountable for failure to deliver images of any individuals /any objects at the EVENT(S).

Venue & Location Limitations

‘Captivating Photography’ is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on ‘Captivating Photography’. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; ‘Captivating Photography’ will offer technical recommendations only.

Permits

The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which ‘Captivating Photography’ will be performing services.

Coverage & Requested Photographs

‘Captivating Photography’ cannot be held responsible for the lack of coverage caused by the CLIENT / bride, groom or other members of the wedding party not being ready on time, nor by restrictions placed on the photographer by locations, officials of the church, register office, or other licensed marriage venues. ‘Captivating Photography’ will honour requests for specific photographs subject to the following: weather and time permitting, availability and the cooperation of the persons involved. All such requested photographs must form part of the CLIENTS’ final “group shots” agreed in the Timeline or specified in the brief. The photographer does not guarantee any specific picture nor to include any specific background, location, prop or arrangement, although every effort will be made to interpret the client’s wishes.

Capture & Delivery

‘Captivating Photography’ is not liable to deliver every image taken at the EVENT(S). The determination of images delivered to the CLIENT is left to the discretion of ‘Captivating Photography’.

Post Production & Editing

Post production will only commence once full payment has been received. The final post production and editing styles, effects, and overall look of the images are left to the discretion of ‘Captivating Photography’. All edits are final and images shall not be re-edited once post production has been completed.

Colour Matching & Size

The dyes used for clothing, particularly man made fibres do not always photograph in the manner in which they appear to the eye. When the photographs are printed to produce a pleasing flesh colour such materials may appear incorrect. ‘Captivating Photography’ will endeavour to achieve to closest possible colour match within the limitations of the materials and processes used. All quoted sizes are nominal and may be subject to a slight margin of error. ‘Captivating Photography’ accepts no liability for such minor variations in size or colour.

Sign Off Procedures

In the case of all album product, once the draft album design has been presented to the CLIENT for approval the layout of up to 4 pages (2 spreads) may be changed. If any additional pages require changing this will be charged at £50 per spread. All album design & build MUST be signed off by the CLIENT prior to production and a signed hard copy sent to ‘Captivating Photography’. Once approved, the signed off design will be reflected in the final product and the client should be aware that any uncorrected errors will appear in the finished article. ‘Captivating Photography’ is unable to accept responsibility for any errors or omissions once approval has been given. In the instance that changes to an album are requested after the final sign off but pre-submission to the manufacturer these changes will be charged at £50 per page plus £50 administration fee.

Albums & Supplied Prints

‘Captivating Photography’ make use of 3rd party suppliers to produce all albums & prints. These suppliers takes the utmost care while producing prints and albums and all their products are subject to quality control inspections, prior to dispatch. Upon receiving product(s) the CLIENT will have 7 working days to report any fault or problem due to shipping or handling to ‘Captivating Photography’. ‘Captivating Photography’ will rectify any fault free of charge during this time period. Faults reported outside 7 working days will be subject to costs. The CLIENT will receive a “Production Schedule” for album production -please be advised, any current calendar year wedding of which albums are not signed off and sent for print before the specified dates, will be subject to the next calendar years album price increase set in place by the album company, subsequently following in 6 month increments.

Digital Files

Once payment has been received and post production completed, proofs will be uploaded onto the Captivating Photography site with a secure password from where clients and guests can purchase prints. Once images are selected by the CLIENT, depending on agreed contract, all clients will receive Digital Downloads with the selected high res jpeg (digital) files @ 300dpi. The CLIENT shall be solely responsible for the safekeeping, storage and backups of their images. ‘Captivating Photography’ does not offer any guarantee for future storage or retrieval of archive files, once CLIENT receive digital files. USB’s will incur additional charges. Retrieving archive files older than 6 months will incur an additional £100 administration fee.

Copyright

The intellectual property rights (IPR) and copyright of all images created will remain that of ‘Captivating Photography’. The photographs produced by ‘Captivating Photography’ are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without ‘Captivating Photography‘s’ explicitly written permission. If the CLIENT has purchased an “digital download / Image USB” from ‘Captivating Photography’, ‘Captivating Photography’ grants the CLIENT a Single Usage, Non-Exclusive Licence, as specified in the quotation and/or invoice and/or booking confirmation, including permission to share the images on social networking websites with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to ‘Captivating Photography’. The CLIENT must obtain written permission from the ‘Captivating Photography’ prior to publishing. The CLIENT may not resell images. Under our terms and conditions, ‘Captivating Photography’ reserves the right to use any image for publicity or advertising purposes without any compensation to the parties involved. The CLIENT hereby acknowledges that infringement of ‘Captivating Photography’ copyright is unlawful and may be a criminal offence.

Usage

No use may be made of the images other than what is specified in “Agreement” on “BUR” (Base usage rate) on the quotation / invoice / booking form, unless permission is given in writing from ‘Captivating Photography’. Where use is restricted in the agreement, permission to use the images for purposes other than those specified, will normally be granted upon payment of a further fee, to be mutually agreed upon between ‘Captivating Photography’ and the CLIENT . The CLIENT must obtain written permission from ‘Captivating Photography’ before the images may be used for purposes other than those specified.

Exclusivity

‘Captivating Photography’ retains the right to use the images in any manner, at anytime and anywhere in the world for the purpose of advertising or otherwise promoting ‘Captivating Photography’s’ work. Should ‘Captivating Photography’ grant the CLIENT an Exclusive License for use of the images for a limited period, ‘Captivating Photography’ shall be entitled to use the images for any purposes, for editorial, trade, advertising, educational and any other purpose and in any manner and medium, including for editorial, trade, advertising, educational and any other purpose and in any manner and medium, after the period ends, even if the digital image(s) has been bought from ‘Captivating Photography’.

Artistic Licence

‘Captivating Photography’ shall be granted full artistic licence in relation to poses photographed and locations used at the photography locations. Due to the unpredictable nature of the weather and the willingness of subjects, it is not always possible to capture certain requested images. No one image shall be deemed ‘more important’ than any other image or be treated as such.

Limit of Liability

In the unlikely event that the assigned photographer from ‘Captivating Photography’ is unable to perform to the guidelines of this contract due to an injury, illness, act of God, pandemic, act of terrorism, or other cause beyond the control of ‘Captivating Photography’, responsibility and liability is limited to the return of all payments (minus Booking Fee) received for the EVENT(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond ‘Captivating Photography‘s control, including but not limited to camera, hard drive, or equipment malfunction, ‘Captivating Photography’ liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. ‘Captivating Photography’ is not liable for the loss of images beyond the lesser of the final delivery of all products included in the Contract.

Safety

‘Captivating Photography’ reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer or any staff from ‘Captivating Photography’ experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer or any staff from ‘Captivating Photography’ is in question. In event of the above, no refund will be issued for any payments received for the EVENT(S).

Cancellation Policy

If the EVENT(S) are rescheduled, postponed, or cancelled due to illness, act of God, pandemic, act of terrorism, or other cause, or if there is a breach of contract by the CLIENT, the Booking Fee (Retainer Fee) is non-refundable and shall be liquidated to cover damages to ‘Captivating Photography’. The CLIENT shall also be responsible for payment for any of ‘Captivating Photography’s materials charges incurred up to time of cancellation.

Up to two months before EVENT(S) (photo shoot / wedding)
The CLIENT may cancel their contract with ‘Captivating Photography’ up to two months before the date of the EVENT(S) (photo shoot or wedding). Upon receiving a written cancellation notice ‘Captivating Photography’ will reimburse any monies paid LESS the Booking Fee fee which remains non-refundable, bank charges or any other charges incurred up to that point. £100 administration fee applies.

Less than two months before EVENT(S) (photo shoot / wedding)
If the CLIENT cancel the contract less than two months prior to the EVENT(S) (photo shoot or wedding), all monies will be retained by ‘Captivating Photography’. The CLIENT will be liable for full payment of original contract.

Postponement of EVENT(S) (photo shoot/wedding)
Should the EVENT(S) (shoot / wedding) turn out to be a postponement for any reason, illness, act of God, pandemic, act of terrorism, or any other cause, then at the discretion of ‘Captivating Photography’ and subject to availability, monies other than the Booking Fee may be applied to the new shoot / wedding. Booking Fees are not transferable to new dates. In order to confirm a new date, a new Booking Fee will be required. In the event that other clients have been shown away for the original date, prior to the EVENT(S) date been rescheduled, all monies paid to date will be lost and EVENT(S) will have to be re-booked with ‘Captivating Photography’.

Cancellation by Captivating Photography
In the highly unlikely event of cancellation by ‘Captivating Photography’, or unavoidable total photographic failure, the photographers’ liability shall be limited to a full refund of any Booking Fees and fees paid to ‘Captivating Photography’ up to that point. ‘Captivating Photography’ will not be responsible for any further costs.

Model Release

The CLIENT hereby assigns ‘Captivating Photography’ the irrevocable and unrestricted right to use and publish photographs of the CLIENT, or in which the CLIENT or any of their guests or any part of the EVENT(S) may be included, which may include advertising, promotion, marketing, editorial, trade, educational and any other purpose and all use, (except pornographic or illegal use) and in any manner, form or medium, to alter the same without restriction, and to copyright the same without restriction, or without further notice. The CLIENT releases all claim to profits that may arise from use of images.

Make an appointment

Let’s coordinate schedules to ensure our availability aligns with your wedding date. We recommend securing your photography appointment well in advance to guarantee our dedicated focus on your special day.