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Wedding photography terms and conditions

These terms and conditions are for wedding photographers and businesses providing wedding photography services.

This document is based on our standard photography terms and conditions document, but with a number of changes to reflect the particular issues that arise out of wedding photography.

Those particular issues include the possibility of there being two customers (i.e. the bride and the groom).

These wedding photography terms and conditions allow for the delivery of both electronic images and prints to the customer(s), and provides a number of options in respect of the treatment of intellectual property rights (copyright and moral rights) in the images.

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Wedding photography terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
  3. Services: obligation to provide services; standard of services (B2C or mixed); devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
  4. Permissions: photographic permissions to be obtained by first party; photographic permissions to be obtained by second party; form of permissions; provision of copy permissions; parties unable to obtain permission.
  5. Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
  6. Prints: creation and delivery of prints (including B2C); prices for prints; risk and title in prints (including B2C); warranties relating to prints (including B2C).
  7. Client
    obligations:
    general second party obligations.
  8. Client
    Materials:
    supply of
    Client
    materials; licence of
    Client
    materials; warranties relating to 
    Client
    materials.
  9. Intellectual Property Rights: assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).
  10. Moral rights: waiver of moral rights in deliverables; assertion of moral right of paternity in deliverables; acknowledgement of assertion of right of paternity; moral rights in private or domestic photographs; agreed exceptions to moral rights in private or domestic photographs.
  11. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive of VAT; variation of charges.
  12. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  13. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  14. Photographer
    's confidentiality obligations:
    Photographer
    confidentiality undertaking; disclosure of confidential information by
    Photographer
     to certain persons; exceptions to
    Photographer
    confidentiality obligations; disclosures of
    Client
    confidential information mandated by law etc;
    Photographer
    to stop using confidential information upon termination;
    Photographer
    to return or destroy confidential information following termination;
    Photographer
    confidentiality obligations after termination.
  15. Photographer
     publicity obligations:
    no public disclosures by
    Photographer
    ; permitted public disclosures by
    Photographer
    .
  16. Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
  17. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  18. Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract.
  19. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  20. Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  21. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  22. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  23. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  24. General: no waiver; severability; variation written and signed; asymmetric variation; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  25. More than one
    Client
    :
    application of multiple second party provisions; responsibilities and liabilities of multiple second parties; contractual notices where multiple second parties; delivery where multiple second parties; approval or consent where multiple second parties; termination where multiple second parties; IP rights where multiple second parties.
  26. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

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