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Wedding photography terms and conditions

These terms and conditions are specifically for wedding photographers and businesses providing wedding photography services. The 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 (ie the bride and the groom). The document allows 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; prices for prints; risk and title in prints; warranties relating to prints.
  7. Client
    obligations:
    general second party obligations.
  8. Client
    Materials:
    supply of second party materials; licence of second party materials; warranties relating to second party 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:
    first party confidentiality undertaking; disclosure of confidential information by first party to certain persons; exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party to stop using confidential information upon termination; first party to return or destroy confidential information following termination; first party confidentiality obligations after termination.
  15. Photographer
    's publicity obligations:
    no public disclosures by first party; permitted public disclosures by first party.
  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 (B2C 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 assymetric); 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; assymetric 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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