
Contract Terms and Conditions
In the following Terms and Conditions “the Photographer(s)” shall mean “Anthony Boocock” trading as “Anthony Boocock Photography” or any photographers appointed by them due to illness or inability to attend your wedding as per section 7. “The Client(s)” shall be those whose name appears on the contract. If the Client(s) arrange for a third party to meet the costs of this contract the contract and ultimate responsibility for payment remains with the Client(s). The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the Client(s) unless such conditions are expressly agreed by the Photographer(s) in writing.
1. Copyright:
a) The Copyright Designs and Patents Acts assign the copyright of the images to the Photographer(s). It is therefore contrary to the Acts, and illegal, to copy, or allow to be copied, by any means photographic, by computer, or Internet or otherwise, by any person or machine other than by the Photographer(s) or their appointed agents unless agreed in advance with the Photographer(s). b) The Photographer(s) agree to allow the Client(s) to reproduce unlimited prints and copies for personal use only. c) Should you wish to use any of our photographs or imagery for public/corporate use, please email us to obtain express agreement. d) The Photographer(s) are happy to provide images for third party wedding suppliers for promotional/advertising use, e.g. (flower/venue/dress/cake), the client(s) are not permitted to provide the photographs directly to any supplier. The photographer(s) will deal directly with the suppliers and provide licensed photographs with agreed conditions of use.
2. Photographers Use of Imagery:
a) The Client(s) allow(s) the Photographer(s) 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 used are used lawfully and without damage to the Client(s). client(s) are advised to inform their guests of the use of images. b) Images placed in password protected galleries within the photographer(s) website are not available to the general public in the normal course of events. However, it is impossible to prevent determined skilled persons from accessing these galleries.
3. Prices:
a) All photographic services undertaken on the wedding date are supplied at the prices ruling on the date of signing of the contract. All reprint orders, if placed after six months of the wedding date, are supplied at the prices ruling at the time of receipt of the order. b) Extension to agreed length of photographic coverage, additional photographic coverage must be agreed to by the photographer(s) and Client(s) and charged at a rate of £1per minute. Confirmation of any additional costings will be made known to the client(s) before the photographer(s) end the photographic coverage. Client(s) will be invoiced post wedding/event. All goods will be held until the balance is payed.
4. Payments:
a) A non-refundable booking retainer of 25% (paid by cash, cheque, or BACs) along with a completed booking form and contract will confirm your booking. The retainer fee forms part of the total cost of your package (i.e. it is NOT in addition to the cost of the package) and is deducted when calculating the final balance due. b) Payment for the photographic coverage is due in full NO LATER THAN Twenty-Eight Days prior to the contracted date. You MUST allow sufficient time for cheque clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the Client(s). c) All additional goods must be paid for in full on ordering. This includes extra prints, albums and any other services ordered after the event. d) Title to all goods remains with the Photographer(s) until paid for in full by the client(s). e) Extension to agreed length of photographic coverage, additional photographic coverage must be agreed to by the photographer(s) and Client(s) and charged at a rate of £1per minute. Confirmation of any additional costings will be made known to the client(s) before the photographer(s) end the photographic coverage. Client(s) will be invoiced post wedding/event. All goods will be held until the balance is payed.
5. Cancellation Fees:
If the Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation. All cancellations must be sent to the Photographer(s) in writing and using Royal Mail Special delivery. a) Cancellation with less than Six months to go until the wedding date, full price for the complete photographic package booked will be applied, minus album costs if included in the package and no charge for any optional extras. b) If the Client(s) cancel more than Six months before their contracted wedding date then no additional fees shall be payable. Note the 25% retainer fee is non-refundable. c) Where the Photographer(s) are able to rebook the date with an equivalent booking, then the cancellation fee will be reduced to the non-refundable retainer only and any additional cancellation fees already paid will be refunded accordingly. d) Please note that any alterations made to the booking by the Client(s) once details have been confirmed may only be made at the discretion of the Photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the Photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever. e) Client(s) are advised to purchase insurance to cover short notice cancellation of their photography coverage due to an act of God (e.g. flood/storm/snow). The Photographer(s) will try to rebook on an available date, but availability is not guaranteed. Refund of the client(s) final payment (not retainer fee) will be made after receiving confirmation from the venue that the wedding/event is cancelled.
6. Artistic License:
a) The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed final. b) Photographs taken during the course of the event will be at the discretion of the Photographer(s) although every effort will be made to comply with the Client(s) requirements. c) The Photographer(s) shooting and editing style will change as equipment and experience evolves.
7. Coverage:
a) For a wedding or other event booking the Photographer(s) 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 not recorded for logistical reasons. b) The Photographer(s) will try to include all photographs requested by the client(s), however cannot guarantee that all listed photos will be taken, it is the client(s) responsibility to check that they have had the correct photographs, its strongly recommended that the client(s) select a point of contact for the group photographs to liaise with the photographer(s). No responsibility will be taken by the Photographer(s) on the occasion of leaving somebody out. 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(s) are able to cover the ceremony may not be the Photographer(s) choice and the Photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. d) Exclusivity the Photographer(s) shall be the sole professional (still) photographer(s) at the venues specified. The photographer(s) do however positively encourage family, friends, and other guests to take photographs throughout the day. Notably however we will not be held responsible should your wedding guests with camera’s, mobile devices such as tablets or phones, selfie sticks, etc. impede or block partially or fully any of our photography. The Photographer(s) will speak with the guest(s), bride and groom or coordinator if appropriate. e) Poor weather could alter your wedding day program potentially limiting pre-planned photography opportunity’s, the photographer(s) will always liaise with the client(s) at the time and advise on the best options available.
8. Force Majeure:
a) The due performance of the contract is subject to alteration or cancellation by the Photographer(s) owing to any cause beyond their reasonable control (e.g. sudden severe illness/injury/victim of crime or traffic accident). b) The Photographer(s) will make every reasonable effort to arrange another suitable photographer in the event that they are not able to attend your booking due to clause 8a.
9. Limitation of Liability:
a) In the event of cancellation by the Photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practical) – the Photographer(s) will not be responsible for costs in order to stage re-shoots. The Photographer(s) liability shall be limited to a full refund of any deposits and fees paid. We fully recommend that you take out wedding insurance. b) The Photographer(s) do not accept liability for any loss of damage to property and/or loss from claims of third parties arising out of the photography coverage such as cleaning costs to wedding dress. c) Any directions issued by the Photographer(s) to Client(s) and their guests or employees during a photographic shoot are deemed to be at said persons own risk, the photographer(s) cannot be held liable for any accidents or damages during a photographic shoot. E.g. (ripped or dirty dress). d) Should digital files be lost, damaged or destroyed, the Photographer(s) liability shall be limited to a Pro Rata refund of fees paid, but shall not include a refund for any goods already supplied.
10. Production:
a) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance. b) Due to the limitations of computer monitors it is understood that Images appear differently according to the specification of each monitor. c) All print and presentation sizes quoted are approximate and subject to the discretion of the Photographer(s). d) Where images are made available for use on a DVD/USB player reasonable steps are taken to ensure compatibility, but DVD discs and USB’s may not play on all DVD/USB players particularly older models. e) Due to a variety of lighting conditions and the limitations of professional digital sensors, some colours may alter throughout a set of photographs. f) The Photographer(s) has fully and absolute control on which raw images will be edited. Client(s) will not have the option to view, select or purchase raw images.
11. Placing an Order and Receipt of Goods:
a) Any alterations to orders must be notified either by email or writing (sent by Royal Mail Special delivery) within seven working days of the order being placed. The Photographer(s) will not be held liable for any costs incurred due to alterations to the order made by the Client(s) after this time. b) The main wedding album may take up to 6 weeks to complete once you have signed off the album design. Allow 28 days for delivery of other orders. c) The Photographer(s) must be notified either by email and confirmed in writing (sent by Royal Mail special delivery) within Seven working days of the Client(s) being in receipt of their order in the case of error, shortage or damage, as mistakes cannot be rectified after this period. d) Due to the nature of the product the Photographer(s) are unable to give exchanges or refunds. This does not affect your statutory rights. e) All orders should be placed with the Photographer(s) before the end of a 6-month period starting at the wedding/event date. The Photographer(s) will not be liable for failure to produce any orders placed after this time. If your package includes an album and the photographer(s) have not received final selection details of the photographs to be included with 6 months of the wedding date, then a charge of £30 will be levied to cover cost increases and archival fees.
12. Digital Files:
a) The digital files shall remain the property of the Photographer(s) and shall be kept online for not less than 6 months from the client(s) wedding/event date. d) The Photographer(s) will only provide edited jpeg images from the client(s) wedding/event and will not provide or show raw images, the photographer(s) will have full controls of what images are selected for editing. The client will have final say on edited image selection for album design only.
13. Privacy,
The Photographer(s) 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. Clients are advised to read our privacy policy.
14. Harassment Policy,
Ensuring the appropriate behaviour of all guests and other persons at the wedding/event covered by Photographer(s) shall be the responsibility of the client(s). In the event the Photographer(s) experiences any inappropriate, threatening, hostile or offensive behaviour, or feels at risk to person or equipment, either from any guest, other person attending the event then the Photographer(s) reserves the full right to end photography coverage immediately and leave the event, with the client(s) being advised verbally at the time and a formal written advisement within 48 hours. The Photographer(s) shall be entitled to retain all monies paid and the client(s) agrees to not hold the Photographer(s) responsible as a result of incomplete wedding photography/event coverage.
15. Complaints,
Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, discs, albums, frames and any other special services that have been agreed.
16. Governing Law,
Any contract made between the Photographer(s) and the Client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to the exclusive jurisdiction of the English courts.
Privacy Policy
Anthony Boocock Photography trading as Boocock Media is committed to protecting and respecting your privacy.
This policy (together with my Terms & Conditions (and any other documents referred to on it) sets out the basis on which any personal data i collect from you, or that you provide to me, will be processed by myself.
Please read the following carefully to understand my views and practices regarding your personal data and how i will treat it. By submitting personal data to me, you agree to myself using your data as follows. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Anthony Boocock, 13 Hartland Close, Hereford, Herefordshire.HR27SL.
Introduction
I gather and use certain information about individuals in order to provide services and to enable certain functions on this website. I also collect information to better understand how visitors use this website and to present timely, relevant information to them.
Data Collection from you
I may collect and process the following data about you: * Information that you provide by filling in forms on my website www.anthonyboocock.com or social network Pages This includes information provided from completed information request forms, posting material or requesting further services from venues and wedding fares and third party traders. I may also ask you for information when you enter a competition or promotions. If you contact me i may keep a record of that correspondence. * Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
What data I gather
I may collect the following information: * Name * Contact information including email address * Demographic information, such as address * Website usage data * Other information relevant to client enquiries * Other information pertaining to special offers and surveys.
Security
I always hold your information securely. To prevent unauthorised disclosure or access to your information, I have implemented strong physical and electronic security safeguards. I also follow stringent procedures to ensure I work with all personal data in line with the Data Protection Act 1998. Unfortunately, the transmission of information via the internet is not completely secure. Although I will do our best to protect your personal data, I cannot guarantee the security of your data transmitted to my site; any transmission is at your own risk. Once I have received your information, I will use strict procedures and security features to try to prevent un-authorised access.
Where we store your personal data
The data that I collect from you is secured, stored and processed at our registered business address. By submitting your personal data, you agree to storing or processing. I will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. Where I have given you (or where you have chosen) a password which enables you to access certain parts of my site, you are responsible for keeping this password confidential. I ask you not to share a password with anyone.
Uses made of the information
I use information held about you in the following ways: * To send you updates and communications on your booking. * For my own internal records * To improve the product and services we provide * To contact your in response to a specific enquiry * To provide you with information, products or services that you request from me. * To carry out our obligations arising from any contracts entered into between you and myself. * To notify you about changes to our service. I will only use your data, with your explicit consent, or permit selected third parties to use your data, to provide you with information about goods and services from third parties which may be of interest to you. If you change your mind and do not want to be contacted about such goods or services by third parties, please email info@anthonyboocock.com to opt out from receiving any such communications.
Controlling information about you
When you fill in a form or provide your details on my website or Facebook page, you Opt-in to receive marketing communications from me by email, telephone, text messages or post. you can change your mind easily, via one of these methods: * Send me a email to info@anthonyboocock.com * Write to me at: Anthony Boocock, 13 Hartland Close, Hereford HR27SL I will never lease, distribute or sell your personal information to any third parties unless I have your permission or the law requires me to. Any personal information I hold about you is stored and processed under our data protection policy, in line with the Data Protection Act 1998.
Disclosure of your information
I may disclose your personal information to third parties: * In the event that I sell or buy any business or assets, in which case I may disclose your personal data to the prospective seller or buyer of such business or assets. * If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or terms and conditions of membership and other agreements; or to protect the rights, property, or safety of myself or any of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask me not to process your personal data for marketing purposes. I will usually inform you (before collecting your data) if we intend to use your data for such purposes or if I intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us at info@anthonyboocock.com. My site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that I do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Data subject rights
* The data subject’s right of access. * The data subject’s right to rectification. * The previously mentioned right to erasure or right to be forgotten. * The data subject right to restriction of processing * The right to be informed. * The right to data portability. * The right to object. * The right not to be subject to a decision based solely on automated processing
Changes to our privacy policy
Any changes I may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@anthonyboocock.com
Tel:07803003365 - info@anthonyboocock.com - 13 Hartland Close, Belmont Hereford HR27SL
