Wedding Photography Terms & Conditions

Wedding Photography Booking Agreement

The Client(s) on booking their wedding photography agrees to the terms and conditions set out below.

Photography Service

Emma Lowe Photography Limited (Company / Photographer(s)) provides professional Wedding Photography services for clients. The service requires onsite attendance from the Photographer(s) to capture photographs of the Client’s wedding. Photographs captured on the day are typically filtered and made available for purchase. Copyright and ownership of the photographs (including purchased images) are retained by the Photographer(s), however purchased photographs are provided with a ‘licence to print’. The Company may provide additional services in the form of printing, albums, framing and other 3rd party products.

Prior to the wedding day, the Client will provide details of the event and the photography required, such as but not limited to, the location or locations attendance is required and the number of hours required onsite. Due to the dynamics of weddings and the day, the Photographer(s) will endeavour to accommodate and provide the Client’s requirements as far as is reasonable to do so.

Similarly the wedding planning process is often dynamic with Clients often having to make changes to aspects such as, date of wedding, wedding venues, photography timings or number of photographers or amending the hours required. The Photographer(s) will endeavour to be reasonable in accommodating Clients changes, albeit changes may not be possible and/or incur additional charges from the Photographer(s). Any such changes will be agreed via email or messaging correspondence.

In the event the Photographer(s) cannot accommodate the Clients required changes then the Photographer(s) reserve the right to cancel the booking in part or in full without penalty and retain the Booking Deposit in full. Alternatively the Clients can cancel the agreement in-line with the Cancellation Policy.

Wedding Photography Packages

The standard wedding packages are outlined on the Company’s website www.emmalowephotography.co.uk and any alterations will be confirmed by email or messaging correspondence.

Payment & Booking Deposit

A Booking Deposit is required within 24 hrs of Booking the Service, the Service and Client’s wedding date will not be reserved until the deposit is received in full. The Client acknowledges that once the booking is confirmed, they are liable for the deposit whether paid or not, and the Company reserves the right to action recovery of the debt via the appropriate legal channel.

Once paid, the Booking Deposit is subsequently deducted from the Total Cost, with the remaining full Balance due 4 weeks prior to the Wedding Date. In the event the Clients fail to make full payment of the remaining Balance on time then the Photographer(s) reserve the right to terminate the agreement with percentage of the balance due and retaining the Booking Deposit in-line with the Cancellation Policy.

If the Wedding Date is altered then the full balance remains payable 4 weeks prior to the original wedding date specified. Unless the date is brought forward, in which case the full balance is due 4 weeks prior to the new wedding date.

Appointed Persons

It is appreciated that Clients are often very busy enjoying their Wedding Day, it is recommended that an appointed person(s) liaises with Photographer(s) on their behalf should changes be required on the day. These changes may incur additional costs from the Photographer(s)

Photography Style

As a guide only; the Photographer(s) standard Photography Style is primarily based on a Reportage Style. This Reportage Style seeks to capture the day in the most discrete / non-intrusive manner possible so the couple and their wedding guests are captured as naturally as possible. This is typically combined with some Traditional Style Photography, which are posed and orchestrated to capture more formal photographs of the couple and their family/friends. If the Client requires more Contemporary Photographs this must be specified in the Wedding Package Details. If the Client specifies the required photographs, the Photographer(s) will endeavour to provide these. However, due to the dynamics on the day there can be no guarantees that specific photographs will be captured.

The Photographs captured are not edited with any effects or filters, beyond standard editing techniques, as Emma Lowe Photography is a natural photography service.

Every effort will be made to ensure satisfaction according to professional standards. However, the Photographer(s) is/are not responsible for subjective interpretations of photography.

Note: The Photographer(s) will endeavour to capture key shots. However, no specific shot is guaranteed within the dynamics of the Wedding Day. Communication is critical, so the Photographer(s) recommend the Appointed Persons assist with on the day logistics and planning to ensure the Photographer(s) are well informed and provide the Photographer(s) assistance in controlling/managing guests to capture photographs.

Additional Time On the Day

In the event the client requests the Photographer to stay longer than the booking duration, then this is chargeable. It is acknowledged that due to the nature of the day the client(s) cannot confirm this in writing, as such the terms and conditions permit up to 2 hours of additional time to be charged as required. If the time exceeds the 2 hours then written approval in the form of a text or message will suffice.

Similarly, it is not uncommon for delays to occur or unforeseen circumstances, all of which can alter the timings and scheduling for the day. This can present problems for the Photographer if the time allowance is exhausted. The Photographer will endeavour, depending on availability to stay longer, and in doing so reserves the right to charge for this additional time. As above, the terms and conditions permit up to 2 hours of additional time to be charged as required. If the time exceeds the 2 hours then written approval in the form of a text or message will suffice

Additional Photographs & Products

The Wedding Package specifies the number and format of edited photographs to be provided within the package cost, along with any products such as albums or printed images. Often Clients opt for additional photographs and/or products which are subject to availability and charges will apply. These additional items are quoted separate to this agreement. However, the Photographer(s) are keen for Clients to be able to select alternative printers or products beyond the Photographer(s) offerings. Therefore, the Photographer(s) have costs for additional digital images (with Licence to Print) beyond those specified in the Package.

Note: Copyright and Ownership remains with the Photographer(s), including purchased photographs/images.

Photographer(s) Vehicles

The Client acknowledges that they are responsible for ensuring reserved parking is provided for the Photographer(s) at all venues/locations. The Photographer(s) cannot be held accountable for late arrivals, missed images or problems resulting from the Photographer(s) not having reserved parking. The Photographer(s) will endeavour to provide sufficient time to arrive at venues in good time, however, this cannot always be possible with traffic disruptions or travelling challenges, or the requirement to move between venues (often with guests all competing for available parking).

Clients are responsible for any damages to the photographer(s) vehicles or thefts from the vehicles up to the cost of £750, whilst the photographer(s) are onsite conducting the photography service.

Photographer(s) Expenses

The Client acknowledges that expenses may be incurred on the Wedding Day. These expenses are to be agreed within the Wedding Package costs or if travelling abroad an allowance maybe be provided within the Wedding Package. The exception is that of penalties or fines incurred whilst providing the Wedding Photography Service, such as car park tickets, parking fines, which the Clients will reasonably reimburse the Photographer(s) for.

In addition, the Client agrees to provide the Photographer(s) with a reasonable hot meal, snacks and drinks throughout the Wedding Day at no cost. If the Photographer(s) have to vacate the venues in order to collect food and drinks, they cannot be held liable for missing periods of the day.

Cancellation Policy

It is always a sad moment for Clients to have to cancel their Wedding Day and/or subsequently their Wedding Photographer.

Clients cancelling prior to 12 weeks (84 days) of the Wedding Day date or any mutually agreed other date, would permit the Photographer(s) to retain the paid Booking Deposit in full with no refund(s).
Clients cancelling within the 12 weeks (84 days) period prior to the Wedding Day date or any mutually agreed date, would share the joint and several liability for a 50% cancellation fee against the remaining balance due and the Photographer(s) would be permitted to retain the paid Booking Deposit.
The Client must make payment of the full balance of the booking no less than 4 weeks before the wedding date. In the event the Client fails to pay the balance of the booking by the 4 week mark, the Client is liable for the full booking value.
The Photographer(s) reserves the right to cancel the Booking. In the event the Photographer(s) cancels the Booking 4 weeks (28 days) or more prior to the Wedding Day date or any mutually agreed date, then the Photographer would return the Booking Deposit in full, along with any other payments made by the Clients against the booking (less any costs). Note: The Photographer(s) would only cancel in this circumstance under unprecedented conditions and this is highly unlikely, such as an emergency. The Photographer(s) will make all reasonable attempts to facilitate organising an alternative Professional Photographer and the Clients absolves blame.
The Photographer(s) reserves the right to cancel the Booking. In the event the Photographer(s) cancels the Booking within the 4 weeks (28 days) period to the Wedding Day or any mutually agreed date, then the Photographer would return the Booking Deposit in full and along with any other payments made by the Clients against the Booking. Note: The Photographer(s) would only cancel in this circumstance under unprecedented conditions and this is highly unlikely, such as an emergency. The Photographer(s) will make all reasonable attempts to facilitate organising an alternative Professional Photographer and the Clients absolves blame.

Post Wedding Processing /Editing / Products

Wedding Photographs can take significant editing depending on volume and complexity. In addition the Photographer(s) will have multiple clients per month, so they are typically editing around their busy schedules. Usually the Wedding Photographs are made available within a 6-18 week period following the Wedding Day (including any previews). Some products may take longer than 6-18 weeks as they are provided by third party specialist printers/providers, sometimes outside of the UK. The Company cannot be held responsible for delays or issues with 3rd party products.

Additional Photographers:

If the Client requests more than 1 Photographer(s), then the primary Photographer Emma Lowe, will source and provide a second trained Photographer from within her network of Photographers. In the event that the second Photographer at short notice cannot attend on the Wedding Day, then the primary Photographer will endeavour to find a substitution. In the event a second Photographer or replacement second Photographer cannot attend then a refund will be provided to reflect the reduction in service. The Client acknowledges that this circumstance is extremely rare and understands the risks absolving blame.

In using a second photographer, who is not an employee of the Company, then any damages for failure to provide the service would be made by the Client directly to that Photographer. The Company is only sourcing the photographer(s).

Photographer Substitution:

The photographer(s) may substitute another photographer in the event of the Photographer(s)’ falling ill or having an emergency. In the event of such substitution, the Photographer(s) warrants that the photographer taking the photographs shall be a competent professional. In the event that one Photographer of the team becomes ill during a session, it is understood that the other Photographer (if available) is capable and will complete the session.

File Management:

The Photographer(s) utilise modern camera equipment and other professional equipment. The format is Digital, meaning the management of photographic files is important. The Cameras have an inbuilt protection for memory card failure, recording the captured images to dual cards simultaneously. However, there are multiple risks with Digital Photography that the Photographer(s) will make all reasonable efforts to avoid, such as mechanical failure, Camera/Card Theft, Lost Data. To mitigate these risks, the Equipment is regularly serviced and replaced, Images are loaded swiftly into secure cloud storage and old memory cards replaced with new cards at reasonable intervals. Clients acknowledge that there are risks beyond the Photographer(s) control. The Photographer(s) will make all reasonable efforts to secure digital assets on arriving at their office/residence after a wedding shoot. However, there is always a risk that Theft or damage can occur during this transition period between the venues and photographer(s) residence/office.

Social Media

Only purchased images may be published on Social Media websites/platforms and any image posted must always reference the image owner as Emma Lowe Photography. In the event that any non-purchased Images are posted on Social Media, then the Client agrees to make immediate payment for the images within 14 days of notice at £50 per image. In the event that a purchased image is posted without reference to the image owner as Emma Lowe Photography, then the Client agrees to rectify or remove the images within 14 days.

The Company reserves the right to request and enforce that any images be removed from any media platform as the owners and copyright holders. The Company can also withdraw the Clients license at any time and/or for any reason.

Editing Purchased Files

Editing purchased images is strictly prohibited and is in breach of copyright. This includes cropping images or changing colours or shading. It is also strictly forbidden to have professional editing applied to purchased images, unless via the Company. This is to protect the brand of the Photographer(s).

RAW Files & Digital Formats

The Client recognises that they will not be able to purchase all the unedited photographs taken on the Wedding Day (known as RAW images) without a specific separate agreement. The Photographer(s) will select photographs from the RAW images captured on the Wedding Day to edit ready for purchase. The RAW images selected for edit are solely at the discretion of the Photographer(s) and there is no set number of photographs that will be selected for editing, this is at the Photographer(s) discretion.

Refunds on Digital Images &/or Products

Due to the ease Digital Images can be copied, the Clients agree that no refunds can be applied against any purchased images. Printed products are typically produced by 3rd party providers and as such cannot be returned or refunded, unless the prints are faulty or damaged. Print and Product finishes and colours vary, as such prints and products cannot be return or refunded due to the finish.

Public Insurance and Professional Indemnity

The Client(s) agrees to have verified all venues and service providers utilised at the Wedding have the required public insurance and professional indemnity.

Liability:

If Photographer(s) is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, theft, or technical problems, and if he/she cannot provide another competent professional, all money received by Photographer(s), minus expenses or work already completed, will be returned to the Client, and the Photographer(s) shall have no further liability with respect to this agreement.

The limitation of liability to any loss/damage of photographs or failure to deliver satisfactory photographs for any reason is capped at £3,000 in totality. Liability for a partial loss of photographs shall be pro-rated against this cap based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund and liability compensation of £3,000.

In the event of a legal challenge and/or any liability Case the Clients agree to full confidentiality on any legal challenge and any settlements. In addition, should any legal challenge be raised by either parties, the Company reserves the right to withdraw all licenses to the photographs.

Public Notices & Reviews:

In booking the Company, the Client agrees not to post damaging or negative reviews on social media or in the public domain, whether factual or opinion. If the Client is dissatisfied they must notify the Company in writing addressed to 26 Calvestone Road, Cawston, Rugby, CV227UQ and provide the Photographer(s) reasonable opportunity and time to remedy any issues. The Company reserves the right to withdraw all licenses to the photographs, including the return of prints, should negative reviews or public notices be posted about the Company or the Photographer(s). Albeit, the Company recognises the usefulness of the reviews, the damage caused by inappropriate, inaccurate or exaggerated posts or difference of opinion, can cause significant financial and reputational impact on the Company and/or Photographers, in the short-term, medium-term and long-term. If reviews are posted and leads and financial damages can be showcased, then damages will be pursued. This is a decision to protect from any minority group who may seek to unfairly damage the Company. In the case of a genuine complaint, please address this in writing to The Directors at 26 Calvestone Road, Cawston, Rugby, CV227UQ.

Marketing & Use of Images for Marketing:

The Company reserves the right to use any photographs captured in the booking on their website(s) or in their Marketing and public media campaigns at their discretion. This includes Facebook(Meta) and other social media accounts. In the event that a photograph is used and a Client wishes for it to be removed, please contact the Company, albeit there is no obligation to remove it. The photographs, wedding venue and client first names may also be on the Company’s website(s) case studies. Permission is not required to use the photographs in this Marketing capacity.

Responsibilities:

It is understood that Emma Lowe Photography shall be the exclusive photographer retained for the event. Photographer(s) may bring an assistant at their discretion. Videographers and other vendors as well as semi-professional photographers must not obstruct or interfere with the official photography and are not allowed to take any still photos during formal sessions, including but not limited to Family, Wedding Party, and Couple Formals. Wedding guests may take photos, but it is the responsibility of the Clients to prevent family and friends from interfering with Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images. The Photographer(s) is/are not responsible for compromised coverage due to causes beyond their control such as other people’s camera or flash, the lateness of the bride, groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate.

The Photographer(s) is/are not responsible for wardrobe malfunctions or damage occurring during photography sessions, nor can the Photographer be responsible for not capturing the optimum physical appearance of the Clients, as this is subjective.

The Photographer(s) reserves the right to refuse to take equipment out in the rain/snow and in or near water. Nor place themselves in danger, such as standing on high objects or hanging over balconies.

The Photographer(s) is/are not responsible for any damage or injuries that may be sustained due to but not limited to photos taken (e.g. muddy dress, wet dress, torn dress). The Photographer(s) is/are not responsible for backgrounds or poor lighting conditions (which may negatively impact or restrict the photography coverage). Maximum light is suggested for best results indoors for ceremonies, formals, and receptions. Notification of any changes in schedule or location must be made in a timely manner.

Harassment:

Ensuring the appropriate behaviour of all guests and other persons at the wedding and other related events covered by the Photographer(s) shall be the responsibility of the Clients. In the event the Photographer(s) experience any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or related other events (including, but not limited to, harassment from intoxicated persons, badgering, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed:

First Instance: a verbal warning will be issued to a family member of the Clients.
Second Instance: the offending person will be required to leave the wedding or event.
Third Instance: Photographer(s) will end wedding coverage immediately and leave the event.

Should the behaviour be deemed by the Photographer(s) to be severe they reserve the right to terminate the session immediately.

In the event that Photographer(s) ends the wedding coverage, the Company shall be entitled to retain all monies paid without refund and the Clients agrees that the Photographer(s) would be blameless in any incomplete wedding or event photography coverage.

It is also prudent to remind Clients that Social Media or public notices are strictly prohibited and any damages to the Company’s reputation and revenue will be sought via the appropriate legal channels, including future long-term damages.

Coverage & Plan:

Photographer(s) will provide coverage for the dates, locations and duration (time/hrs) as agreed with the Booking. Coverage begins as soon as Photographer(s) arrives at the photography location. If one Photographer begins before the other, photography coverage commences when the first photographer arrives. Photographer(s) reserves the right to take on other commissions outside of the times specified in this contract. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied or requested photos will be used as a guideline only. While the Photographer(s) will make every reasonable effort to take photos specifically requested by the Clients, the Clients understands that this is a dynamic and semi-uncontrollable event and that due to the whims of the weather, available light, time restrictions, willingness of guests/subjects, etc or even the speed of the days’ events or venue restrictions that the Photographer(s) cannot guarantee that all requested photos will be taken. Images determined by the photographer to not be of a standard or duplicated may be edited out.

Amending Bookings:

The Client can amend the booking at any point subject to availability and can cancel in line with the cancellation policy. In the event the Client wishes to increase their package they may do so and any additional payments can be discussed and actioned. In the event the client wishes to reduce the package, they can, however, the deposit and full balance will remain the same. This is due to the photographer(s) having provided the resource and time initially required.

Exclusivity:

In booking the Wedding Photography, the Client agrees to full exclusivity to the Company for their Photography on the Wedding date. In the event that two photographers are booked, Emma Lowe takes the primary role on the day.

On the Day Delays:

The duration required for the booking is agreed prior to the wedding day, with a start time. In the event that delays on the day mean the photography time allowance has expired, the Photographer will if possible stay onsite to continue, albeit they may not be able to do so. It is the Client’s responsibility to book sufficient time including factoring in delays to the wedding schedule. If the Photographer(s) stays beyond the booked timings, this Photographer will charge for the time by the hour, in hour blocks. It may be that the Photographer(s) cannot deliver all the items on the package booked if insufficient time is provided.

Movement Between Venues:

It is the Clients responsibility to ensure adequate time is provided for the Photographer(s) to transit between locations/venues. This includes contingency time for delays and getting to vehicles, travelling time and traffic, parking challenges, getting setup or into position. The Photographer(s) will assume transition time and contingency time have been considered in the booking of the time required. The Photographer(s) will endeavour to have a conversation prior to the wedding day to try to mitigate any issues and provide ample time.

Travel Delays:

The Photographer(s) will endeavour to arrive 15 mins prior to the start time of the booking. If the Client wishes an earlier arrival then the booking can be amended to increase the booking times. The Client recognises that traffic disruptions or travelling issues can occur and this is not the fault of the Photographer(s) and the Clients agrees that the Photographer(s) would be blameless in any incomplete wedding or event photography coverage. This includes breakdowns or vehicle issues.

Storage Duration/Archiving:

The Photographer(s) will only hold the images for 6-months after the Wedding Date. Thereafter the costs and logistics of holding the images prohibit long term storage. The images will be permanently deleted thereafter. The Company does not need to inform the Client of deletion, albeit where possible will try to make contact prior. The Clients can purchase any or all edited images for a negotiated fee at the time.

Copyright:

All photographs taken by Emma Lowe Photography’s Photographers or agent Photographer(s) on the Wedding Day will remain the property of Emma Lowe Photography and are protected by UK Copyright Laws. The Clients hereby waive any claims for ownership, income, editorial control and use of the images, beyond the License to Print provided, for any images including purchased images. Note: The Photographer(s) reserve the right to withdraw the License to Print permissions for purchased images.

Authorship Credit:

Authorship credit in the name of the Photographer(s) (Emma Lowe Photography) with a link to the Photographers domain (www.emmalowephotography.co.uk) must accompany any images posted or displayed on the internet or in any publication. Permission must be sought first and the Company reserves the right to request images are removed should they require it.

Joint And Several:

In booking the Wedding Photography, the Client acknowledges that they are booking the photography for the couple. If required payment(s) is not received and legal action is required to recover the monies owed or damages, then the Company will pursue against both individuals within the couple at the point of booking as a joint and several liability.

Service Complaints:

The Company takes any service complaints or dissatisfaction seriously and will endeavour to resolve any issues swiftly. Any such service complaints or legal cases are to remain strictly confidential and any damages to the Company in the short, mid and long term may be sought as a recovery.

Titles / Headings:

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender:

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law:

It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any forum, by the Laws of England and Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Jurisdiction:

The Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales and agree that the Courts of England and Wales shall consider any dispute arising under or connected with this contract or the services provided under it.

Termination:

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver:

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

Risk:

The Client Acknowledges the risks associated with only opting for a single photographer. Any Photographer will endeavour to use best practice, &/or action reasonable considerations to ensure that the photography required is captured, to a high standard and images will remain safe/secure.

Limitation of Liability:

Save in the cases of death or personal injury the liability of the Company (Emma Lowe Photography Limited) for breach of the terms of this Agreement shall be limited to four times the Photography booking fee, to a maximum total of £4,000.