terms and conditions
In the following terms & conditions “the photographer” shall mean Ruth Damm trading as Ruth Leavett Photography. “The clients” shall be those persons defined as acquiring the services of Ruth Leavett Photography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
The German Copyright Act of 9th September 1965 (“Gesetz über Urheberrecht und verwandte Schutzrechte”) assigns copyright of the images to the photographer.
i. The photographer grants the client permission to print the images.
ii. The photographer grants the client 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 the photographer.
iii. The client hereby allows the photographer to display any photograph covered by this contract and to generally promote the business on social media, in advertising, brochures, magazine articles, websites, sample albums etc.
3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION
i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
ii. Special requests by the client are not binding instruction, although every effort is made by the photographer to comply with the client’s wishes. The photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of subjects.
iii. For a booking involving a church ceremony or at certain venues, the photographer’s movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer’s choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
i. A non-refundable booking fee of 25% of the overall balance will confirm the client’s booking, as well as full acceptance of the terms and conditions as published on the photographer’s website. The booking fee will be deducted from the cost of the client’s chosen package when calculating the final balance due.
ii. Payment in full of the remaining balance will be due the day of the photo shoot or event, unless it is a wedding and then it will be requested two weeks after when travel expenses and extra hours are also calculated.
5. FORCE MAJEURE
i. In the very unlikely event of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.
ii. The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend on the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
6. DIGITAL NEGATIVE FILES
i. All digital negatives (raw computer files) remain the property of the photographer, and will not be provided by the photographer to the client. All digital wedding packages include a copy of the edited digital negatives (in high resolution jpeg format) to the client(s) for their own non-commercial use.
ii. Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the photographers liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
7. ON THE WEDDING DAY
i. The photographer will be the sole professional (still) photographer at the venues specified, unless otherwise notified 4 weeks prior to event. The photographer does however encourage family, friends and other guests to take photographs throughout the day.
ii. The photographer will not take photos during main meals at weddings and will use this time to take a break. A meal is not a requirement, however one would be greatly appreciated.
iii. For weddings, a shot-list of the client’s requested family portrait groups are required 4 weeks prior to event.
8. PERSONAL ACCIDENT
i. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
ii. Cancellation from the booking date and more than two weeks to go until the wedding; the booking fee of 25% of overall balance.
iii. Cancellation with less than two weeks to go until the date of the shoot; full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
i. The photographer will endeavour to deliver the images as quickly as possible. This usually takes up to 4-6 weeks during busy periods.