Terms and Conditions
Terms and Conditions of Lightsmith's (Photography)
This agreement contains the entire understanding between Lightsmith's 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 the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
A signed contract and reservation fee (agreed upon deposit) are required to reserve the specified coverage. Lightsmith's Photography accepts cheques, cash and payments through PAYPAL.
For weddings, the parties agree to a pre-event consultation (1/2 hour to 1 hour) before the wedding in order to plan and finalize the actual shooting times, locations, and CLIENT'S request list (in writing) for specific photographs. Of utmost importance, this consultation sets up the photography schedule for the bride, the groom and the wedding party; those before and after the ceremony photographs that cannot be obtained during the wedding. This consultation may occur from one to four weeks before the wedding. For non-wedding photography a similar consultation is required to determine the CLIENT'S requirements
Late arrival of photographees
If, on the day, people and materials, etc, or the bride's or groom's late arrival prevents utilising the entire time set aside for specific shots, the photographer shall not be held liable for failure to shoot and obtain the desired photographs.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Lightsmith's Photography recommends that CLIENT designate an "event guide" (for weddings, someone close to the bride or groom) to point out important individuals for informal or candid photographs to the photographer during the wedding or event that they wish to have photographed. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. Lightsmith's Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Lightsmith's Photography.
Shooting time/ aditions:
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and Lightsmith's Photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. Additional unplanned time, and any photographs taken during this time, will be charged extra.
House Rules and restrictions:
The photographer is limited by the guidelines of the ceremony official or reception site management, or event location management. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT's responsibility; Lightsmith's Photography will offer technical recommendations only.
Digital images and repruduction rights:
Until final payment for services rendered is made, the photographs produced by Lightsmith's Photography are protected by law (all rights reserved) and may not be reproduced in any manner without Lightsmith's Photography's explicitly written permission. Upon final payment by the CLIENT, limited reproduction rights of the resulting images will be transferred to the CLIENT under the following conditions: The Prints, Reprints and Digital Images are the property of CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. The Client must obtain written permission from and compensate Lightsmith's Photography prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit. Copyright will remain with Lightsmith's Photography.
Requests for specific Digital Images or Prints to be used by Lightsmith's Photography may be requested at a future time. CLIENT grants Lightsmith's Photography permission to display selected images resulting from this assignment as an example of Lightsmith's Photography work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
The CLIENT hereby grants to Lightsmith's Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Lightsmith's Photography and its legal representatives and assigns from all claims and liability relating to said photographs. The contract is solely between Lightsmith's and the CLIENT and there is no obligation to provide deliverables to anyone else.
A copy of the master files will be maintained by Lightsmith's but no warranty is offered to that fact. If CLIENT loses their files or photographs, Lightsmith's will do their best to replace them, reserving the right to charge, but is under no obligation to do so.
Limit of Liability:
In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Lightsmith's Photography will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Lightsmith's Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Lightsmith's Photography's control, Lightsmith's Photography liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a pro-rated amount of the exposures lost based on the percentage of total number of originals.
Fees and security deposits:
A deposit of 1/3 of the photography fee, or such other value as agreed to, is required to reserve the shoot, the remainder to be paid on or before the date of the wedding. Any additional expenses, travel expenses, additional time, special services, etc., must be paid prior to receiving proofs, accessing online proofs, photos or albums included in the package. In the event of cancellation by the CLIENT, the security deposit paid is non-refundable. It shall be liquidated damages to Lightsmith's Photography in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment for any Lightsmith's Photography materials charges incurred up to time of cancellation.
Travel and miscellaneous expenses:
The CLIENT is responsible for all travel, accommodation (lodging and meals), and transportation costs where travel is greater than 25 miles from Telford Town Centre.
Online proof photo gallery uploaded for view within 3-4 weeks after the date of the event, if included in the purchase.