TERMS AND CONDITIONS FOR MARTIN JAMES PHOTOGRAPHY AND VIDEOGRAPHY SERVICES

These terms and conditions (the “Agreement”) govern the provision of photography and videography services (the “Services”) by Martin James Photography & Videography (the “Photographer”) to the Client or others identified in the invoice (the “Client”). By paying the invoice, the Client agrees to be bound by the invoice terms and conditions and these terms and conditions.

Rescheduling: All bookings rescheduled due to COVID-19 will be treated as standard cancellations. A non-negotiable 10% administration fee will be applied if the booking is rescheduled for any reason, calculated from the original invoice subtotal. Discounted Bookings, Special Promotions or Subsidised invoices will not be eligible for a cash refund. A rescheduling time of 24 months has been established to allow for sufficient replanning. If the rescheduled date exceeds this 24-month period, a 25% rescheduling fee from the original invoice subtotal will apply. To avoid disappointment, contact productions@martin-james.co.uk as soon as possible with the rescheduled date.

Contract: Upon payment of the invoice, the client and any other parties involved enter into a contract and agree to the terms and conditions outlined in the invoice and on www.martin-james.co.uk. All agreed payments must be made within the agreed timeframe to receive any discount offers, special promotions or subsidies, otherwise, they will void. Any media recorded by Martin James Photography and Videography will be released to the client after all accounts have been settled. This invoice covers all transportation expenses for Martin James Photography and Videography, with accommodations expenses invoiced separately if necessary. In the event of a Cancellation due to Force Majeure or unforeseeable circumstances, the Photographer may transfer the booking to avoid total loss. If the Client cancels: 91 days or more prior to the wedding, the Client will pay a 10% administration fee of the total sum. 61 to 90 days prior to the wedding, the Client will pay a 50% administration and loss of business fee of the total sum. 31 to 60 days prior to the wedding, the Client will pay an 80% administration and loss of business fee of the total sum. Within 30 days, the Client will pay a 100% administration and loss of business fee of the total sum. Any expenses for travel or accommodation will be deducted from the refund. If the Photographer cancels, the Client will be refunded 100% of the total booking paid.

Additional Charges: Any additional charges incurred will be recovered from the client and agreed in writing, with email being acceptable. The packages include travel expenses up to 150 miles round-trip from Central London (W1J 7JY), with locations further away charged at 0.75 pence per mile after the first 150 miles, unless otherwise agreed in writing. Martin James Photography and Videography may require accommodation for shoots 99 miles or more away from Central London or if the shoot starts before 8:00 AM or runs over by 2 hours. Accommodation costs for necessary overnight stays will be covered by the client, and arrangements must be confirmed before booking to ensure suitability. Hot food and beverages must be provided to all Martin James Photography and Videography staff during shoots lasting more than 4 hours, with suitable seating provided at the venue.

Shoot Arrangements: The location shoot arrangements, also known as the Brief, must be agreed in writing beforehand, with changes notified in writing prior to the shoot. Martin James Photography and Videography cannot be held liable for any delays or disruptions in service until changes are received and acknowledged in writing. 

Exclusivity: Martin James Photography and Videography will be the only retained photography/videography service provider for the event. Family and friends may photograph/videotape the event for non-commercial purposes, provided they do not interfere with the photographer/videographer’s duties. If interference is noted, the client must do all necessary to stop it.

Special Promotions and Discount: From time to time, Martin James Photography & Videography may offer special promotions and discounts to clients in the form of financial discounts, additional services, or tangible goods. These promotions and discounts are only valid when payment is made in full and in advance as a single payment. The hourly rate for additional coverage is set at £150.00 per hour, per member of staff with no half-hours included, and must be agreed upon between Martin James Photography & Videography and the client. Any additional coverage and travel costs will be invoiced separately after the event, and no media will be released until payment is settled in full. 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.

Payment Terms: A deposit, as stated above, is required upon booking Martin James Photography & Videography, unless discounts have been applied. The final balance of payment is due 30 days prior to the agreed shoot date, unless the invoice is being discounted, in which case the full amount will be required in advance. Prints and additional services will not be ordered or completed until payment is received in full. Martin James Photography & Videography reserves the right to withhold release of the work, photography, and/or video or any part of it until payment, as agreed in the contract and final balance, is received in full. Any outstanding balances not received by the requested due date will be subject to a £50.00 per month surcharge.

Intellectual Property Rights and Copyright: Martin James Photography & Videography retains the Intellectual Property Rights (IPR) and copyright of all media taken, the client will own no RAW footage unless agreed in writing. Under the terms and conditions, Martin James Photography & Videography reserves the right to use any image for publicity or advertising purposes without compensation to the parties involved, unless otherwise agreed in writing with the client. The Copyright Designs and Patents Acts assign the copyright of the media to Martin James Photography & Videography only. Any media or copies of media, whether stored digitally or otherwise, and any computer program, including any source or object code, computer files, or printed documentation relating to such media, are protected by the Copyright and Design Act 1988. Any unauthorised copying or reproduction of the media created as part of this contract is prohibited and in contravention of the Act, unless prior written permission from Martin James Photography & Videography has been obtained.

Terminology: The term “Last Dance” refers strictly to two consecutive hours of coverage following the first dance. The term “Real Time Photography” is dependant on work space availability and WIFI connection to support the service. The Client is responsible for make sure there is a sufficient WIFI connection available.   

Artistic Licence: Martin James Photography & Videography shall be granted full artistic license in relation to images captured and locations used. Martin James Photography & Videography’s judgement regarding locations, poses, and amount of media taken shall be deemed correct. Due to uncontrollable factors such as weather and subject willingness, it may not be possible to capture all requested media, and Martin James Photography & Videography shall not be held responsible for this.

Albums and Supplied Prints: All prints and albums paid for in advance are valid for 12 months only, with the onus placed on the client to remain open to communication throughout the creation process. Martin James Photography & Videography takes great care in producing prints and albums and all products undergo Quality Control inspections prior to dispatch. The client has seven working days from receipt of the product to report any faults or problems due to shipping or handling in writing to Martin James Photography & Videography. Any faults reported during this period will be rectified free of charge. Faults reported outside of the seven-day will be voided and deemed the clients responsibility to rectify. 

Media Management & Storage: Digital Files upon receipt of payment and completion of post-production shall be released to the Client either via a private online website or, in certain cases, through direct transfer via WeTransfer. The online storage shall be provided for 30 days only and Martin James Photography & Videography reserves the right to remove the media after a minimum of 30 days from the date of upload, or immediately after the Client has downloaded the media. It is the Client’s responsibility to download the images through the supplied download link within 30 days of receipt. The Client shall bear sole responsibility for backing up the media once it is downloaded. Martin James Photography & Videography will maintain a back-up of all media for a minimum of five years and shall be available upon request from the Client, with an administration fee being incurred. The provision of all RAW material coverage can at times be available upon request, subject to a separate charge, and Martin James Photography & Videography must be notified of this prior to the event

Force Majeure, Cancellation, Change in Date, Time, or Event: In the event of a change in the date or time of the event, which occurs more than six months prior to the event date, Martin James Photography & Videography shall make reasonable efforts to accommodate the change for the Client. However, if the new date or time conflicts with Martin James Photography & Videography’s existing commitments and schedule, Martin James Photography & Videography reserves the right to terminate the Agreement, in which case the Client shall forfeit any deposits already paid and be responsible for the full amount of the contract. The performance of this contract is subject to alteration or cancellation by either party due to any cause beyond their control. Martin James Photography & Videography shall make reasonable efforts to maintain all equipment to a professional standard, regularly check it and take reasonable steps to ensure backup equipment is available. However, Martin James Photography & Videography shall not be responsible for media that is not produced due to technical failure beyond their control. Force Majeure clauses, events outside Martin James Photography & Videography’s control such as flash floods, earthquakes, equipment failure, client participation or other disasters shall not be deemed the responsibility of Martin James Photography & Videography, thus eliminating all blame and liability. The Client is booking Martin James Photography & Videography personally, and in the event of unforeseen circumstances that prevent Martin James from performing their job to the fullest as a photographer, Martin James Photography & Videography shall provide written notification at least 7 days in advance. All photographers working for Martin James Photography & Videography are trained by Martin James to shoot in his required style, and all post-production shall. 

Terms and Conditions for Drone Usage: Definitions: In these terms and conditions, the following words shall have the meanings set forth below:

“Drone” refers to the unmanned aerial vehicle being used for aerial photography, videography or any other aerial services.

“Client” refers to the individual, company, or organisation that engages the services of the Service Provider.

“Service Provider” refers to the company offering drone services.

“Services” refers to the aerial photography, videography or any other aerial services being provided by the Service Provider.

Service Provision: The Service Provider agrees to provide the Client with the Services in accordance with these terms and conditions. The Client agrees to pay the fees set out in the Service Provider’s quotation or as otherwise agreed between the Client and Service Provider.

Drone Safety: The Service Provider shall ensure that the Drone is operated in a safe and professional manner and in accordance with all applicable laws and regulations. The Service Provider shall be fully responsible for ensuring that the Drone is operated in a manner that does not cause harm to any person, property or the environment.

Liability: The Service Provider shall be solely liable for any damage caused by the Drone or its operation and shall indemnify the Client for any claims or demands made against the Client arising from the Drone’s operation.

Insurance: The Service Provider shall maintain liability insurance coverage in an amount sufficient to cover any potential damages arising from the Drone’s operation.

Privacy: The Service Provider shall not use any personal data collected by the Drone for any purpose other than providing the Services.

Intellectual Property: The Service Provider retains ownership of all intellectual property rights in the Drone and the Services. The Client shall not use any such intellectual property for any purpose other than as set out in these terms and conditions.

Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

Dispute Resolution: Any disputes arising out of or in connection with these terms and conditions shall be resolved through mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

Variation: No variation of these terms and conditions shall be binding unless agreed in writing by the Service Provider.

Entire Agreement: These terms and conditions constitute the entire agreement between the Client and the Service Provider and supersede all prior agreements, understandings, and arrangements between the parties.

Personal Accident Disclaimer: Clients, their guests, or employees are advised that any directions given during a venue shoot shall be undertaken at their own risk. Martin James Photography & Videography shall not be held liable for any personal accidents occurring during a venue shoot.

Governing Law: This agreement shall be governed by the laws of England and Wales. The prices quoted are in GB Pounds and are contingent upon the terms and conditions outlined above. The prices are subject to change without prior notice.