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Terms & Conditions

TERMS AND CONDITIONS FOR MARTIN JAMES PHOTOGRAPHY AND VIDEOGRAPHY SERVICES


We appreciate your trust in my team and I to capture the moments that matter to you. Please carefully review the following Terms and Conditions, as they govern our services for both wedding and commercial bookings. By paying our Invoice, the ‘Client and Others’ fully agree to these terms without reprisal.

Booking and Scheduling:

Your quote/invoice specifies the hours of coverage for your wedding or event and outlines the shoot’s parameters and schedule agreed. Any schedule changes must be submitted in writing and approved by us 48 hours in advance of any shoot. 

Overtime Charges:

If the shoot extends beyond the agreed time, ‘Client and Others’ will be billed for additional hours worked. The hourly rate is calculated by dividing the subtotal charged by the originally agreed hours, rounded up to the nearest hour, this sort does not factor in additional post production time. No media will be worked upon or released until all outstanding accounts have been settled in full. 

Payment Terms, Discounts & Special Promotions:

Payments made after the agreed period on our invoice may void discounts or special promotions, unless otherwise stated in writing before this invoice. Cancellations due to Force Majeure will be rescheduled. In case of client cancellation, we reserves the right to charge a 100% Cancellation Fee (Loss of Business Fee) or Transfer Fee (Administration Fee). A minimum 90-day cancellation notice must be given in advance in writing to avoid total loss. Prices on this invoice are tentative and subject to change based on changing circumstances. The agreed price remains unchanged even if the work duration is reduced by the client. Additional charges apply for increased coverage time or other adjustments, determined by factors like additional hours, date changes, or venue changes etc. We are committed to delivering the services outlined in the invoice/quote or agreed upon through a written contract. Additional services and third-party services will incur additional charges. Clients are responsible for all expenses such as but not limited too, tolls, transportation, parking, food, accommodation, etc unless informed otherwise in writing. Clients must also provide food and beverages during events lasting four consecutive hours or more. In the event that a second photographer or videographer is supplied as part of a special promotion, additional site coverage, such as groom or venue coverage away from the lead photographer or videographer, must be within a two-mile radius or no more than a ten-minute drive according to Apple Maps. If the locations are further than a two-mile radius or more than a ten-minute drive, additional costs may apply.

Terminology & Artistic Licence: 

For wedding bookings, “Last Dance” specifically refers to two consecutive hours of coverage following the first dance. In commercial photography, the term “Real Time Photography” availability depends on workspace and Wi-Fi connectivity provided by the client. The Client is responsible for ensuring adequate Wi-Fi availability and speeds.

By booking our services, the Client automatically grants us full artistic freedom in the creation of media and selection of locations. We will exercise our professional expertise and judgment regarding locations, poses, and the amount of media captured, which will be considered correct at all times. Please note that due to factors beyond our control, such as weather conditions and subject cooperation, it may not always be possible to capture all requested media. In such cases, we shall not be held responsible.

Self-Image Expectations:

It is essential for clients to recognise that contemporary smartphones frequently employ filters and enhancements when capturing self-images, resulting in a final product that can significantly differ from unaltered professional photographs and videos. These disparities can lead to variations in self-perception. Hence, we strongly advise clients to cultivate realistic expectations concerning their appearance in the final media. While our team diligently endeavours to authentically capture your essence, it is imperative that clients understand that professional photography and videography may not always align with the augmented and idealised representations often generated by smartphone filters. Professional media is typically crafted to provide a faithful representation of individuals as they naturally appear, showcasing their genuine beauty, character, and emotions.

We want to emphasise that the objective of our services is to create lasting, genuine, and timeless memories rather than replicating the digitally enhanced version often seen on social media platforms. Our approach prioritises capturing the unique qualities and emotions that make each client distinct. In light of this, we offer an Advanced Post Production package which can be applied to specific images, costs are decided on a case-by-case basis. 

Post-Production:

Wedding photography & videography post-production takes eight to ten weeks and is uploaded to a private gallery. Commercial photography post-production is typically completed within 48 hours unless otherwise agreed in writing. Commercial videography post-production timings are agreed in writing prior to the shoot. Upon initial receipt of the video, clients have a 30-day window to complete the revision form and email it back to us with any requested revisions. All clients are entitled to two complimentary round of video revisions to fine-tune and personalise the video to their taste. After the initial 30-day period, all post-video working files are deleted to optimise memory and make room for new projects in our studio. Revisions requested after the 30-day grace period will necessitate the reconstruction of post-production working files from scratch. This process typically takes one working day. An administrative fee for rebuilding post-production files will apply, starting from £350. The final fee depends on the video’s length that requires reconstruction. We cannot be held liable for technical problems, media loss, or accidental damage. We take every provision to avoid any technical issues via regular equipment servicing. Post-production includes various operations such as exposure adjustments, color corrections, cropping, retouching, resizing, and more. Basic post-production effects and filters are included and not charged separately. Advanced photo or video manipulation is subject to separate charges based on a case-by-case basis.

Albums and Supplied Prints:

Prints and albums that have been pre-paid are valid for a period of 12 months only. It is essential for the client to maintain open communication during the creation process. We place great emphasis on the meticulous production of prints and albums, subjecting all products to thorough quality control inspections before dispatch. Upon receipt of the product, the client has a grace period of seven working days to report any faults or problems resulting from printing, shipping or handling in writing. Faults reported during this seven-day window will be carefully reviewed and addressed as deemed appropriate by us. Any faults reported beyond the initial seven-day period will be considered void, and the responsibility for rectification will rest with the client. We encourage proactive communication and timely reporting to ensure a smooth and satisfactory experience with our printed products.

Copyright and Usage:

All photographs and videos created during the assignment remain the copyright the supplier. This grants us exclusive rights to reproduce, distribute, display, and modify the images/videos. Wedding couples receive a limited, non-exclusive, non-transferable license for personal use, including printing, social media sharing, and private display. For commercial businesses, any use of the photographs and videos beyond personal purposes, such as advertising, marketing, promotion, or resale, requires express written permission from us, with additional fees applicable.

Clients must obtain written permission before sharing images or videos with third parties, including vendors, suppliers, or publications. Unauthorised use constitutes copyright infringement and may result in legal action.

Photography and Videography Limitation of Liability:

In the event that the Photographer and Videographer (referred to jointly as “Service Providers”) are unable to capture or miss an important moment during the event due to unforeseen circumstances, which include but are not limited to adverse weather conditions, equipment malfunctions, guest interference, obstructions, low lighting conditions, or any other factors beyond the control of the Service Providers. The Client acknowledges and agrees that the Service Providers cannot guarantee the capture of every moment or specific shots requested by the Client. Event photography and videography inherently involve a degree of unpredictability. The Service Providers shall not be held liable for any missed moments or for failing to capture specific shots requested by the Client due to unforeseen circumstances. The Client understands and accepts that these circumstances may occur despite the Service Providers’ best efforts. In the event of a complaint arising from missed moments or unfulfilled requests due to unforeseen circumstances, the Client shall not be entitled to a refund or any form of monetary compensation. The Service Providers commit to making reasonable efforts to capture all important moments and fulfill Client requests. However, the Client acknowledges that the nature of event photography and videography makes it impossible to guarantee the capture of every moment. It is the Client’s responsibility to communicate their specific photography and videography requests to the Service Providers in advance of the event. While the Service Providers will make efforts to adhere to these requests, they cannot guarantee their fulfillment under all circumstances. The Client agrees to provide reasonable cooperation and assistance to the Service Providers during the event to facilitate the capture of important moments. Failure to do so may impact the Service Providers’ ability to capture certain shots.

Media Management & Storage:

Upon payment and completion of post-production, digital files will be provided to the Client. These files will be delivered through a private online website or, in specific cases, via direct transfer using WeTransfer. The online storage of your media will be accessible for 30 days only. We retain the right to remove the media after a minimum of 30 days from the date of upload or immediately following the Client’s download. Clients are responsible for downloading their images within 30 days of receipt via the provided download link. We maintain backup copies of all media, which can be made available upon request, subject to an administration fee. Should the Client wish to request RAW material coverage, this can be arranged separately, and advance notice is required before the actual shoot to ensure suitable storage arrangements.

Revisions and Archiving:

Clients must request revisions within 30 days of receiving the photos/videos, as working files are removed after 30 days to optimise computer memory for other client projects. Portfolios remain accessible online for six months. Afterward, images are archived to create space for new clients. To unarchive and re-upload images after the grace period, a £150 administration fee applies for each step. 

We are dedicated to delivering professional and exceptional photography and videography services. If you have any questions or require further clarification on our Terms and Conditions, please feel free to contact us in advance of the shoot. Thank you for choosing us  and we look forward to capturing your special moments with the utmost care and professionalism.