Below is an example of the contract which you will enter into with Karen Thorburn Photography upon booking.
1. This contract is entered into between Karen Thorburn Photography and each of the bride and groom (“the Clients“). The liability of the Clients for payment of the fees of Karen Thorburn Photography shall be joint and several.
Karen Thorburn Photography’s contact details are as follows:
Karen Thorburn Photography
Mobile: +44 (0)7761985752
Landline: +44 (0)1349870895
2. This contract is accompanied by a completed “Wedding Booking Form“, which shall be read in conjunction with and shall form an integral part of this Contract.
3. The total fee payable shall be dependent upon the photography package selected by the Clients in completing the Wedding Booking Form, which details the fees payable for each booking option. The Clients are required to select one of the listed packages at the time of making the booking. If a booking option in terms of coverage/package is not indicated by the Clients at the time of booking then, except as may subsequently be agreed between the Clients and Karen Thorburn Photography, the lowest price package will be applied. The Clients may change their selection to a higher price package at any time prior to the wedding date, in which case the amount of the total fee shall increase accordingly. Any agreed amendments to the chosen photography package must be noted in the Wedding Booking Form.
4. At the time of booking, the Clients shall pay a retainer fee of twenty-five per cent (25%) of the total fee, in return for which Karen Thorburn Photography shall reserve the booked date. This payment shall secure the booked date only. The retainer fee is non-refundable and is not transferable to any other date. The retainer fee shall constitute the first instalment of the total fee payable to Karen Thorburn Photography, and shall reduce the outstanding amount of the total fee owed by the Clients to Karen Thorburn Photography accordingly.
5. Two (2) calendar months before the wedding date, the Clients shall pay the outstanding amount of the total fee in full.
6. If the Clients do not make payment as it falls due in accordance with the terms of Clauses 3 to 5 above, Karen Thorburn Photography reserves the right to cancel the booking, terminate this Contract and retain the non-refundable retainer fee.
7. Editing and basic re-touching of images is carried out at the discretion of Karen Thorburn Photography to enhance the appearance of the images, including (but not limited to) the lighting, exposure, colour temperature and crop, in addition to Karen Thorburn Photography’s ‘signature’ touches. Additional fees will apply if the Clients request extensive re-touching including (but not limited to) skin smoothing and image manipulation.
8. In the event that any additional costs are incurred by the Clients after the final payment is made in accordance with Clause 5 above, as a result of the Clients’ extended photographic coverage on their wedding date or requesting a more expensive album option or extensive re-touching, such additional costs shall be paid within seven (7) days after any additional invoice for those costs is issued by Karen Thorburn Photography or within seven (7) days after the wedding date, whichever is the sooner. In the event that any additional costs are incurred by the Clients after the wedding date, such additional costs must be paid within seven (7) days of the additional invoice that Karen Thorburn Photography will issue in respect of such costs. Karen Thorburn Photography reserves the right to withhold finalising and providing the completed images and/or album to the Clients until all additional costs, however incurred, have been paid in full by the Clients.
9. Payments can be made by bank transfer, cash and cheque.
10. If the Clients postpone the wedding date for any reason, the Clients and Karen Thorburn Photography shall discuss whether Karen Thorburn Photography will be available for the revised wedding date:
a. If Karen Thorburn Photography is available for the revised wedding date, the Clients shall pay to Karen Thorburn Photography a retainer fee of twenty-five per cent (25%) of the total fee payable in respect of the revised date (payable immediately) and Karen Thorburn Photography shall reserve the revised wedding date. All monies paid by the Clients (save for the retainer fee for the initial wedding date) shall be applied to the revised wedding date. Karen Thorburn Photography’s standard fee rates are regularly revised and, if the revised wedding date falls after such a fee revision, the total fee payable by the Clients to Karen Thorburn Photography shall be recalculated using the revised fee rates applicable to the revised wedding date.
b. If Karen Thorburn Photography is not available for the revised wedding date, the postponement will be a cancellation by the Clients, in accordance with Clauses 11-13.
Cancellation by Clients
11. Should the Clients need to cancel a wedding booking, then it is their sole responsibility to do so in writing or by email. The Clients must ensure that this instruction has been received by Karen Thorburn Photography. Karen Thorburn Photography will personally contact the Clients to discuss the cancellation and send confirmation of the details received.
12. If the Clients cancel the wedding date or this Contract for any reason, the Clients shall pay Karen Thorburn Photography a cancellation charge on the following basis:
a. If the cancellation is made six (6) calendar months or longer before the intended wedding date, the cancellation charge shall be fifty per cent (50%) of the total fee due.
b. If the cancellation is made less than six (6) calendar months before the intended wedding date, the cancellation charge shall be one hundred per cent (100%) of the total fee due.
c. The cancellation charge may be waived at the discretion of Karen Thorburn Photography if the cancelled booking is replaced by a like-for-like booking.
13. The cancellation charge is immediately payable by the Clients at the time of cancellation, irrespective of the reason for such cancellation. Karen Thorburn Photography recommends that the Clients secure wedding insurance to cover these and any other costs.
Description of Services
14. Karen Thorburn Photography will provide photographic coverage of the wedding as outlined in the Wedding Booking Form. The photography package selected is described on the price list in effect at the date this Contract is signed.
15. Karen Thorburn Photography reserves the right to use the services of a second shooter.
Limitation of Liability
16. If Karen Thorburn Photography is unable to photograph the wedding due to any circumstances beyond Karen Thorburn Photography’s reasonable control, including (without limitation) natural disasters, civil unrest, force majeure, injury or sickness, all reasonable efforts will be made by Karen Thorburn Photography to find a replacement photographer of standing to Karen Thorburn Photography’s satisfaction, although this cannot be guaranteed. If another photographer cannot be found, all monies paid by the Clients (including any retainer fee paid for the specific wedding date) will be refunded in full. Karen Thorburn Photography shall have no further liability to the Clients for any additional losses, costs or expenses incurred as a result of any inability to attend under this Clause.
17. In the unlikely event of a total photographic failure or if Karen Thorburn Photography is unable to photograph the wedding due to any circumstances beyond Karen Thorburn Photography’s reasonable control, Karen Thorburn Photography’s liability shall be limited to a full refund of monies paid.
18. Karen Thorburn Photography will endeavour to take and provide photographs that are specifically requested by the Clients prior to the wedding date. However, due to changes in the weather, available lighting conditions, availability and willingness of subjects, Karen Thorburn Photography does not undertake to guarantee that specific photographs will be taken, nor that any specific background, location or group arrangement will be incorporated. Also, as the willingness and availability of wedding guests is outside the control of Karen Thorburn Photography, no guarantee is given that everyone present on the wedding date will be included in photographs taken by Karen Thorburn Photography.
19. The Clients should note that photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. In such circumstances the Clients agree to accept the technical and creative limitations that may be imposed on Karen Thorburn Photography. It is advised that the Clients familiarise themselves with the rules of the venue and, if necessary, negotiate with the personnel concerned.
20. It is the responsibility of the Clients to inform Karen Thorburn Photography of any changes to their contact details before any USB drives, wedding albums, prints, framed prints or any other products are dispatched.
21. Any complaints should be made within four (4) weeks of the images being supplied in writing to Karen Thorburn Photography, Glendhu Cottage, Balblair, Dingwall, Ross-shire, IV7 8LL or by email to email@example.com. Karen Thorburn Photography will endeavour to respond within seven (7) days.
22. Karen Thorburn Photography will store the Clients’ details on a private internal database. These details will not be made available to companies or individuals outwith Karen Thorburn Photography. The only exception to this is where the Clients have ordered a wedding album(s) to be delivered by courier. Karen Thorburn Photography will provide the Clients’ postal address, email address and telephone number to a trusted courier so that the wedding album(s) can be delivered to the Clients at a convenient time.
23. It is politely requested that the Clients provide a vegetarian ‘main’ course meal and soft drinks to Karen Thorburn Photography on the wedding date, which will be eaten in a different area to the meal eaten by the wedding guests. This is not applicable if photographic coverage of the evening reception is not included, providing the speeches take place before the meal.
24. Karen Thorburn Photography shall have creative licence in relation to locations, poses used, judgement on photographic style, the number of photographs taken and the colour and style of images and their presentation including any cropping for album design and the album design itself. Specific album covers requested by the Clients in the Wedding Booking Form may vary or be discontinued. In such case, this Contract shall continue and the Clients shall select another album cover option (with an adjustment being made to the total fee where appropriate).
25. Within eight weeks of the wedding date, Karen Thorburn Photography will provide the Clients with a collection of the photographs taken on the wedding date for their consideration.
a. Karen Thorburn Photography will provide copies of the photographs in electronic format stored on a USB drive. If the Clients lose the USB drive or it becomes damaged, Karen Thorburn Photography may be able to provide a replacement copy at a reasonable charge. However, Karen Thorburn Photography cannot guarantee that any copies of any photographs will continue to be available after the initial USB drive is provided to the Clients and strongly recommends that all Clients make their own back-up copies of any digital photographs received.
b. If the package chosen by the Clients includes one or more hard-copy photograph albums, the Clients must, in discussion with Karen Thorburn Photography, select the photographs that they wish to use in their selected album(s) within six (6) calendar months after the date on which the photographs are provided by Karen Thorburn Photography.
c. The costs of materials needed to complete the photograph albums may increase over time. Accordingly, if the Clients do not select the photographs that they wish to include in their selected album within six (6) calendar months after the photographs are provided by Karen Thorburn Photography, Karen Thorburn Photography reserves the right to charge the Clients additional sums to reflect this increase in material costs, which sums shall be invoiced to the Clients by Karen Thorburn Photography. Any such invoice issued in accordance with this Clause is payable within seven (7) days and must be paid in full by the Clients before Karen Thorburn Photography will provide the finalised and complete album to the Clients.
d. Copyright (whether under the Copyright, Designs and Patents Act 1988 or otherwise) in the photographs taken by the Karen Thorburn Photography photographer on the wedding date shall belong to Karen Thorburn Photography, subject to the following provisions:
e. Karen Thorburn Photography shall have permission to use any and all photographs for any purpose including (without limitation) display, exhibition, competition, internet, television and/or and printed media publications for the promotion of Karen Thorburn Photography.
f. The Clients shall be entitled to make copies of any photographs provided by Karen Thorburn Photography for their own personal use or for distribution to friends and family members. The Clients shall also be entitled to post images on social media. However, the Clients agree that they shall not, with the exception of cropping, edit any photographs provided by Karen Thorburn Photography. The Clients also agree that they shall not use (and shall not permit any other to use) any Karen Thorburn Photography photograph for any commercial purpose or in any publication (including, without limitation, publication on any public website) without the prior written consent of Karen Thorburn Photography.
26. The Clients agree that Karen Thorburn (or such other photographer provided by Karen Thorburn Photography in accordance with Clauses 15 and 16 above) shall be the sole professional photographer permitted to take photographs on the wedding day. Karen Thorburn Photography reserves the right to stop photographic coverage if another professional photographer is permitted by the Clients to take photographs on the wedding date, which shall be treated as a cancellation by the Clients of this Contract on the wedding date in accordance with Clauses 11-13.
27. Karen Thorburn Photography must be given precedence over guests taking photographs and Karen Thorburn Photography cannot be held responsible for any lack of photographs if guests have interrupted Karen Thorburn Photography’s work. However, Karen Thorburn Photography does positively encourage family and friends to take photographs throughout the wedding day.
28. By completing this online form, the Clients hereby agree to enter into a contract with Karen Thorburn Photography as detailed above. This Contract is subject to normal terms and conditions as a written contract would be.
Tel: +44 (0) 7761985752
© Karen Thorburn