In the following conditions of contract “the Photographer” shall mean Alline Beatrici from Beatrici Photography, or, any Photographers and Videographers appointed by Alline Beatrici.

“The client” shall be those whose name appears on the contract. If the client arranges for a third party to meet the costs of this contract the contract remains with the client. The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the client unless such conditions are expressly agreed by the Photographer in writing.

1.COPYRIGHT

The Copyright, Designs and Patents Act 1988 assigns the copyright of the images/videos to the Photographer and they may not be reproduced in any manner without the Photographer’s explicitly written permission.

1.1. The client acknowledges that the Photographer owns all right, title and interest in and to the images/videos and that The Client has no right to use any of them outside the express Terms of this agreement.

1.2. Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph.  The licence arises only after the client has paid The Photographer the money due under this agreement.

1.3. The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence specifically allows the client to use images/videos on a website, on social media channels, in other digital format or in print form and to share extensively through such channels, subject to the client acknowledging the Photographer’s rights and ownership of the images/videos when shared digitally.
The licence does not allow the client to use the images/videos for commercial purposes.

1.4. So far as any goodwill is generated by the client’s use of the images/videos it shall accrue to the benefit of the Photographer.

1.5. The Photographer reserves the right to make reproductions of images/videos created during assignments for marketing, promotional, competition and editorial purposes.

Licence of “Model” Rights to Photographer

1.6 The client warrants that they have obtained all Model Rights necessary to enable the Photographer to carry out the assignment and now agrees to indemnify the Photographer against any cost or claim by any person arising out of a photo of any person or thing at the event.

1.7 The copyright of all film and photos produced is retained by Beatrici Photography. We have the right to use any video footage or photos for demonstration purpose including but not limited to wedding shows, social media and online advertising. Beatrici Photography retains copyright in all their Original Material. Original Material includes video recordings, photography, edited films, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client in relation to the Order. Delivery of any video content and photography on the web is restricted to Beatrici Photography only. Video conversion, web streaming and other delivery of Beatrici Photography content by third parties is not permitted. The Client must ensure that permission is sought for the inclusion of any copyright material they supply to Beatrici Photography to enable them to deliver the product(s) or service(s). The Client must also ensure that permission is sought for the inclusion of any performers or performances, trademarks, locations and music. Beatrici Photography retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Booking form.

2. DISPLAY

The client hereby allows the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites and other such material, providing that the images/videos used are lawfully and without damage to the client. The client grants the Photographer permission to enter selected images/videos into photographic competitions, marketing purposes and release all claims to profit that may arise from use of images/videos.

3. ARTISTIC LICENSE, COVERAGE AND REPRODUCTION

a.) The Photographer shall be granted artistic license in relation to the poses photographed and locations used. The Photographer’s judgement regarding the location, poses and number of photographs taken shall be deemed correct.

b.) 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 client’s requirements. On the day the Photographer will not take pictures that are requested by anyone other than the client.

c.) For a booking involving a church ceremony or at certain venues, the Photographer’s movements are sometimes restricted by the minister or 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 that be the case. The photographing of parts or even all of the ceremony may be restricted or prohibited. Negotiation with the officials for moderation of guidelines is the client’s responsibility. The client is strongly advised to check with the appropriate authorities before signing this contract.

d.) For a wedding or other event the Photographer shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or recorded for logistical reasons.

e.) Please note that any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of the Photographer and in some circumstances (such as the change of ceremony date for a wedding) the Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the Photographer is not liable to compensate the client in any way whatsoever.

f.) Due to a variety of lighting conditions and the limitation of digital sensors, some colours may alter throughout a set of photographs. Please note that some colours do not reproduce exactly on photographic paper.

g.) 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, either at the shooting or processing stage.

4. GROUP PHOTOGRAPHS

A member of the wedding party should be assigned to assist with the gathering of guests for the group photographs.

5. PRICES

a.) All photographic services undertaken on the wedding date are supplied at the prices ruling on the date of the contract. All reprint orders and extras are supplied at the price ruling at the time of receipt of the order.

b.) The client will be liable to pay any additional expenses incurred by the Photographer not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of albums, discs, prints and other products to non-UK addresses.

6. PAYMENTS

a.) A non-refundable retainer of 20% of the total booking cost along with a completed booking form confirms your booking.

b.)The retainer is only valid for one date and cannot be transferred to any other date. EXCEPT on the occasion that restrictions due to Covid 19 are imposed, the Photographer agrees to transfer the retainer fee to a new date, subject to the Photographer’s availability. The client must communicate with the photographer before confirming a new date with the venue in order to check the Photographer’s availability

c.) In the event of something occurring which is totally outside the client’s control (e.g. pandemic or natural disaster) which results in the wedding being unable to take place on the original date, the Photographer will move the booking to a new date, as long as the Photographer is available on the new date. The retainer fee paid will be moved to the new date. If the Client’s chooses to postpone the wedding to a new date on which the Photographer isn’t available, no refunds will be made and the cancellation policy will apply.

Any other changes unrelated to Covid 19, to the date of the Client’s event shall be treated as a cancellation and clause 10 will apply.

c.) The retainer forms part of the total cost of the package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. Payment of the balance fees for photographic coverage is due in full no later than 1 month prior to the contracted date.

d.) All persons paying either retainer or full payment agrees in the principles of this agreement and is bound by its contents as either a signed or unsigned contract.

e.) All additional goods must be paid for in full on ordering. This includes extra prints, albums, special editing and rendering of images/videos, high-resolution digital files, and any other services ordered after the event.

f.) Title to all goods remains with Beatrici Photography until paid for in full by the client.

7. COMPLAINTS

Any complaints must be received in writing within 28 days of receipt of products purchased. This includes photographs, videos, albums, books, frames and any other special services that have been agreed.

8. LIABILITY AND FORCE MAJEURE

8.1 The Photographer will use reasonable care and skill in performing the services.  Where any valid claim in respect of the services is made (in Contract or in Tort) the client may be entitled only to a refund of the fees or part of the fees.

8.2 The Photographer’s liability in respect of any loss of goodwill, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or damage will be nil.

8.3 Nothing in these terms will exclude or limit liability for death or serious injury caused by the Photographer’s negligence.

8.4 The Photographer shall not be liable for any additional losses arising due to force majeure.

8.5 The Photographer shall be entitled to substitute, alter or cancel the contract in the event of any cause beyond their reasonable control (e.g. sudden illness/injury/victim of crime). In such circumstances the Photographer will make every effort to secure a replacement photographer. However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.

8.6 The due performance of the contract is subject to alteration or cancellation by the Photographer owing to any cause beyond their reasonable control, including but not limited to, sudden illness or death of the Photographer or a close relation, total photographic equipment failure, dangerous driving conditions, injury, victim of crime, fire, explosion, storm, and flood, other natural disaster or severely adverse weather conditions.

8.7 In the event of cancellation by the Photographer, or in the unlikely event of total photographic equipment failure, the Photographer’s liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable however the Photographer will not be responsible for any costs incurred in order to stage re-shoots.

9. DIGITAL FILES

a.) The digital files shall remain the property of the Photographer and shall be kept by them for 6 months from the wedding date at one site.

b.) Should digital files be lost, damaged or destroyed the Photographer’s liability shall be limited to a pro-rata refund for any goods already supplied. No refund will be due for any digital files lost, damaged, or destroyed after 6 months from the date of the wedding.

c.) All orders for books and albums paid for at the time of booking should be placed with the Photographer before the end of a three month period starting at the date the client receives their images/videos. The Photographer will not be liable for failure or additional charges to produce any orders placed after this time.

10. CANCELLATION FEES

If the client should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation.

a.) Cancellation within two weeks of booking and more than three months to go until the wedding date, the non-refundable retainer.

b.) Cancellation with less than three months to go until the wedding, full price for the complete photographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of the booking).

11. PLACING AN ORDER AND RECEIPT OF GOODS

a.) Any alterations to orders must be notified by phone or e-mail and confirmed in writing (sent by Royal Mail Special Delivery) within three working days of the order being placed. The Photographer will not be held liable for any costs incurred due to alterations to the order made by the client after this time. E-mail is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.

b.) The Photographer must be notified by telephone or email and confirmed in writing (sent by Royal Mail Special Delivery) within three working days of the client being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.

c.) Due to the nature of this product the Photographer is unable to give exchanges or refunds. This does not affect your statutory rights.

12. PRIVACY

12.1 The Photographer may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.

12.2 Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services.  Each party recognises and accepts its obligations with the regard to the control and the processing of personal data under the current data protection legislation and regulations.  For more information on this, please see our Privacy Notice on Our Website.

13. CARE AND DAMAGE TO CLIENT PROPERTY

Whilst every care is taken in the handling of the Client’s property, the Photographer accepts no responsibility for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of them. Liability for such loss or damage will be limited to the replacement cost of the materials and in no circumstances will any liability attach to any claim for the value of the content.

14. WORKING ENVIRONMENT

The Client(s) must provide a safe working environment and are responsible for any damage and/or theft to our equipment by their guests and/or wedding suppliers and will be liable to pay such expenses for replacement or repairs. In restrictive conditions such as rain, extreme temperatures and humidity, adequate shelter must be provided. Should any member of the Beatrici Photography team feel threatened or the target of verbal, physical abuse or sexual harassment it is under their own discretion to cease filming/photography and leave the premises in which case are not liable for any resulting loss of footage to the final product.

15. GENERAL

15.1 The client is hereby advised to take out appropriate wedding insurance policy to cover the event of cancellation.

15.2 The Photographer’s fees will be paid after invoices rendered from time to time. Payment terms are on invoice, and payment is not deemed to have been made until the fees have been paid in full.  If payment is not made in full and within time, the services may be suspended and payment in advance may be required before the services are recommenced.  The Photographer reserves the right to require some or all of the Fees to be paid in advance of the commencement of the services where applicable and agreed in writing.

15.3 If payment is not made in accordance with the above clauses, the Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

15.4 The services may be terminated if the payment of the fees is not made in accordance with these terms, or if the client commits a material breach of any of these terms and fails to remedy the breach within 14 days of being notified in writing, or it the client enters into any form of insolvency arrangement or suspends their business.  Upon termination, the client shall immediately pay any outstanding sums to the Photographer.

15.5 Nothing in these terms are intended to create a partnership or joint venture between the Photographer and the client, and no party has the right to act as agent for the other or to bind the other party in any way.

16. PRODUCTION

The photographer will not be held responsible for scenes not included due to inclement weather or other conditions outside of the the Photographer’s control.

The Client(s) agree that all creative aspects such as shooting, lighting, poses, composition, and editing style are at the sole discretion of their videographer/photographer. Shot by Bek will use best efforts, but cannot guarantee delivery of any specifically requested shot of a particular person or event.

17. EQUIPMENT

We use broadcast quality well maintained equipment with numerous safety nets in place, however we will not be liable for any radio signal losses, battery failures, equipment failure and or material defects, which are beyond our control. In the unlikely event of a total video failure our liabilities are limited to a refund of all monies paid by the Client(s).

18. POST PRODUCTION

From the date of delivery of the Client’s images/videos, the Client has 28 days to notify Beatrici Photography of any issues or errors within the final product. Once the final edits of the highlight and/or feature film have been sent for review to the client(s) (if applicable), any technical issues/errors will be amended free of change subject to Beatrici Photography editorial limitations. Should the client(s) request any alterations to the film for personal choices, Beatrici Photography should be notified with a comprehensive list of changes requested, once this one round of changes have been made by Beatrici Photography any further changes that are requested by the client will be charged at a standard editing day rate for the time taken to complete further changes. The Client(s) accepts that Beatrici Photography is happy to discuss particular requirements for the final photos/films prior to the edit but has ultimate editorial control over the final photos/films.

19. MATERIAL

We will retain the RAW footage from your wedding for 6 months after the wedding date, after this point all the footage will be deleted from our archives. After 6 months of your films and photography being available to view online we have the right to take them off our video/photo hosts. Once we have delivered the order to you via USB package, the footage is no longer our responsibility. We keep master copies of your films/photos in our archives for 1 year, during this period you are able to order further copies however after this period we can not guarantee the footage will still be available on our system.

20. ADDITIONAL CHARGES

The Client agrees that any additional charges/surcharges (if ordering any extras for example) need to be paid in full prior to releasing the final video/photos.

21. GOVERNING LAW

Any contract made between the Photographer and the client shall in all respects be governed by and construed in accordance with the English Law and the parties hereto submit to jurisdiction of the English courts.through an automated spam detection service.