Terms and Conditions

It is mutually agreed that the following terms of agreement form the integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by both James Davidson Photography and the client, in writing.

BOOKING FEE : a booking fee of £450.00 is required at the time of booking, together with a signed contract. Dates are reserved only when this booking fee is paid by cash, cheque, bank transfer or credit card. An unconditional refund policy exists for a period of 14 days from receipt of this contract and payment. After that the booking fee is non-refundable.

BALANCE PAYMENT : a balance payment of the remainder of the balance is to be made no later than 30 days prior to the wedding ceremony. Payment for additional album photographs, prints and frames is made at the time of ordering.

CREATIVE LICENSE : James Davidson from James Davidson Photography shall be granted creative and artistic license in relation to the choice of locations and poses used. James’s judgment on photographic style and the number of photographs taken shall be deemed correct. Due to changes of weather and availability and willingness of subjects, James will do his best to honour requested photographs but does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

COLOUR MATCH : it is not possible to guarantee exact colour matching for certain materials. In reality, colour matches are normally excellent. There are some (very rare) materials that digital media finds difficult to accurately render, and no guarantee can be made that all the subtleties of colour will be reproduced. Materials will look different under different lighting conditions and James will try to create consistency with this.

SOLE RIGHTS : James Davidson shall be the sole professional (still) photographer at the venues specified. We do however positively encourage family, friends, and other guests to take photographs during the day. The client will assist the photographer in ensuring that guest’s photographs are taken at specified intervals, which is convenient to the photographer. This is on the strict understanding that the guests do not hinder or impede James Davidson in his work.

MODEL RELEASE : the client gives consent for James Davidson Photography to use the images from the wedding on his site, blog and for marketing purposes on social media (Facebook, Twitter, Instagram etc). Unless otherwise requested in which case all images taken will be considered private and any use by James Davidson photography will be solely at the discretion of the client.

COPYRIGHT : the 1998 copyright, designs and patents act assigns copyright to James Davidson Photography. You may not copy the photographs taken under this contract, or allow copies to be made photographically, electronically or by any other means except without prior and written consent from James Davidson. If you have been given digital file(s) you will be given a ‘license to use’, which will allow you unlimited personal use of those files. Any sale or publication for profit  without Photographer’s express written permission is a violation of copyright law. This clause shall survive the Term.

FORCE MAJEURE : the due performance of this contract is subject to alteration and cancellation by James Davidson Photography owing to any cause beyond their control. Whilst we assure you of our very best attention at all times, we cannot be held responsible for any manufacturers’ faults on sensitive materials and chemicals, nor mechanical or optical faults or damage caused by third parties, fire, theft or ‘acts of god’ etc.

LIMITATIONS OF LIABILITY : in the unlikely event of partial or total photographic failure or cancellation of this contract by James Davidson Photography liability shall be limited to a full refund of all monies paid. Your statutory rights are not affected. James Davidson Photography has full public liability and professional indemnity insurance.

INDEMNIFICATION :  Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.

CANCELLATION : if James Davidson has to cancel this contract for reasons beyond his control, (death, injury, sickness etc.) His liability shall be limited to a full refund of all monies paid. The client may cancel this contract at any time. After a period of 14 days from the date of signing the contract, as compensation for the loss of income for JAMES DAVIDSON PHOTOGRAPHY, the following charges apply as a percentage of the total fee due (days apply to number of days before wedding). Cancellation Charges apply after 8 weeks of accepting this contract shall be as follows:

55-42 days 25%
41-28 days 50%
27-15 days 75%
14 days or less 100%

Should the cancelled wedding turn out to be a postponement, then, subject to availability, all money paid may be applied to the new wedding. In this case, the total fees chargeable shall be the fee which applies at that time.

FRUSTRATED CONTRACT’ DUE TO GOVERNMENT RESTRICTIONS : If the wedding cannot go ahead on the agreed date because government restrictions do not permit it, then, subject to availability, all money paid may be applied to the new wedding. If the wedding is cancelled due to restrictions or the postponement date is not available, all fees paid will be returned.

HOURS : the hours that James Davidson will photograph will be consecutive hours and limited to the day of the wedding. If for any reason the full quota of hours is not used up on the wedding day, the remaining time will not be transferable.

PROTECTION OF DELIVERABLES / RETENTION OF FILES : Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client or a year after the Event itself. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.