TERMS & CONDITIONS
The following is a list of standard terms and conditions used by photographers, these are provided in the interests of both “the Client” defined as the couple named on the booking form and Benji North Photography (Benji North) (“the Photographer”). Please ensure that you have read and understood these terms before placing your booking. The Client is deemed to have accepted the terms and conditions in full upon payment of the booking fee. It is agreed that the terms represent the total agreement made between the parties and cannot be varied in any way by the Client unless expressly agreed by the Photographer in writing.
NON-REFUNDABLE BOOKING FEE
The purpose of the agreed booking fee is to secure the Photographer for a particular time and date and is therefore non-refundable and non-transferable in the event of cancellation by the Client. When paying, please reference the payment [surname & date of the wedding]
Full payment of the remaining balance is required no later than the 1st of the month prior to the month of the wedding (so if your wedding is on 30th July payment would be due 1st June). Payment may be made by bank transfer (details below), which should be made payable to Benji North Photography. Dates are only reserved once the booking fee has been received in full. If the balance is not received by the due date, the Photographer reserves the right not to provide any services until payment is received or to treat the contract as cancelled. Prices are inclusive of VAT. You may pay in instalments - no more than 12 instalments, over the space of no more than 12 months, in keeping with FCA rules, with the balance being paid off as above.
The Client will be charged £150 per hour for any additional coverage not otherwise agreed upon before the wedding day. Coverage begins 1.5 hours before the ceremony unless otherwise agreed in advance. The additional fee is payable no later than 14 days after the date of the wedding.
CANCELLATION BY THE CLIENT
In the event of cancellation by the Client, the Client will not receive a refund of the non-refundable booking fee paid. If cancelling after the full balance is paid, the Client will not be returned any money, unless the Photographer books another wedding for the same date, in which case the Client will receive the balance paid minus the booking fee, at the Photographer’s discretion. Should cancellation be received by the Photographer less than 60 days prior to the date of the ceremony, the Client shall pay a sum equal to 75% of the contract value. The sum is payable as compensation as an estimate of the loss the Photographer would suffer having potentially turned other work away.
CANCELLATION BY THE PHOTOGRAPHER
In the unlikely event that the Photographer is forced to cancel this contract for reasons beyond control or if unforeseen circumstances prevent wedding attendance (i.e. serious injury/illness or death), liability is limited to a full refund of monies paid to date. The Photographer will use reasonable endeavours to find a replacement photographer of a similar style. However, it may prove difficult or impossible to find an alternative skilled photographer at such short notice and/or at the same contract price. If another photographer is found, the refund of monies will no longer be applicable and the replacement photographer will receive the money. In this instance, The Client has the choice of whether to accept the replacement photographer or take the refund. In the unlikely event of a total photographic failure or cancellation of this contract by either party, whether caused by negligence or in any other circumstances, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Benji North and Benji North Photography will never be liable for more than the total value of the contract.
The Photographer will not be held responsible for missing part or all of the wedding in the event of a flight/train delay or flight/train cancellation. The Photographer will always endeavour to travel out to the destination country 48 hours before the wedding in order to minimise the risk. Flights, accommodation and car hire are not included in the standard price of the wedding photography and will be added on to the invoice. Flights will be charged at an economy rate, a minimum of 3 nights’ accommodation near the wedding venue and car hire for 3 days will be added.
The copyright in all photographs created by the Photographer shall remain the property of the Photographer in accordance with the Copyright, Designs & Patents Act 1988’. The Photographer reserves the right to use the images taken under this contract for advertising, editorial, display and competition purposes or for any other purpose thought proper by the Photographer without compensation or liability to the Client. The Client is forbidden to edit the photos – this includes adding filters, cropping or changing the colours in any way.
High-resolution image files are provided via an online gallery to the Client for their personal use only and are supplied with the ‘right to print’. The Client is allowed to share online only if they credit the Photographer. No liability can be held for loss or damage to image files after safe delivery to the Client. Your images will be stored in the online gallery for 6 months after the wedding, and you are strongly recommended to download them as soon as you receive them.
It is agreed that the Photographer shall be the sole professional stills photographer on the wedding day. The Photographer shall reserve the right to ask guests to refrain from taking photographs in the event that their activities are corrupting the official photography in any way. For example flashes, obstruction or distractions etc.
Where possible the Photographer will work with the Client to find the most suitable locations for both background, content and quality of lighting however it is agreed that the Photographer shall be granted full creative and artistic licence regarding locations, poses and groups. The Photographer’s final judgement on photographic style, allocated time and the number of photographs taken shall be deemed correct.
The Photographer includes standard editing in the cost, such as making basic adjustments (ie lighting, contrast, colour correction) and adding a signature style. It does not include more involved Photoshopping, such as adding or removing anything from the image or doing extensive touch-ups. These can be done for an extra retouching fee, to be decided depending on the extent of extra work involved. Under no circumstances will the Photographer edit using selective colour or add in anything that wasn’t present, or changes the way people look (apart from removing unexpected spots), and the Client is not permitted to edit the photos in any way. If the Client would like any colour photos in black and white or black and white photos in colour, or any cropping done, there may be a small editing charge for this depending on how many images are involved.
The Photographer will use reasonable endeavours to honour requests for specific photographs subject to the weather conditions, time permitting, and the availability and willingness of subjects. However, the Photographer cannot guarantee any specific picture nor incorporate any specific background, location or arrangement. The Photographer cannot be held responsible for any lack of coverage caused by the Client or other members of the wedding party or by the church, synagogue, registry office or other licensed place imposing any restrictions on the Photographer. In order to maintain a creative documentary style, the Photographer cannot guarantee a photo of every guest or detail.
The Photographer will endeavour to deliver the images (minimum of 50 images per hour of coverage) to the Client between 6-8 weeks after the wedding, but this may be slightly longer in the high season (April-September). They will be delivered via a downloadable online gallery.
If the Client chooses to have a mini film, this is 5+ minutes long and is set to licensed music. It does not include any audio recording and is just a highlights film, so there will be no full speeches, no full ceremony etc recorded.
If the Client has purchased an album, the Client has 1 year from the date of the wedding (or date of purchase if purchased after the wedding) to choose the photos to be included and approve the final design, or there may be additional costs in line with inflation.
The Client hereby grants to the Photographer the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for online and print, editorial, trade, advertising and any other purpose and in any manner and medium. The photographer cannot use photographs in a derogatory or damaging way toward the client.
If you need to postpone your wedding due to covid (only applicable if your wedding is due to take place during lockdown) then you can move your wedding free of charge to a similar date for one instance of postponement. If you postpone a second time a fee will be applicable. If you postpone outside of lockdown, due to not being able to have many guests or similar reasons, a fee will be applicable. Postponing as a result of anything other than covid is at the Photographer's discretion. Cancelling your booking entirely incurs the loss of your deposit as stated in the contract, regardless of covid restrictions.
By paying the agreed non-refundable booking fee and signing this contract (by adding your names and date on the booking form below the link to this page), the Client agrees to be bound by the terms of business and would like to book the services of the Photographer for the Client’s wedding day.