Terms & Conditions - Kamal Mostofi

Terms & Conditions

CONFIRMATION: A signed wedding contract and booking fee are necessary to confirm the stated wedding services from KM Photography www.kmwedding.co.uk. The service is from getting ready (if the Bride requested prior to booking) till the first dance.

PRE-WEDDING CONSULTATION: The bride and groom will outline in detail their specific requirements and www.kamalmostofi.com will advise on planning, logistics and timings where needed. The bride and groom may request an additional consultation closer to the wedding to confirm the remaining details. www.kamalmostofi.com will contact you by telephone in the week before the wedding to ensure that there have been no last minute changes.

COOPERATION: The bride and groom and www.kamalmostofi.com consent to cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding photographer be provided with a helper (usually the best man) who will point out key individuals to be photographed. The photographer may also require the assistance of the best man/friend/family member in organising family groups. The bride and groom also agree to give the photographer sufficient warning of key events at the wedding to give the photographer time to prepare e.g. bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer will use his discretion but cannot be held responsible for a lack of photos of these people and as a Wedding is a dynamic event no particular shot is guaranteed.

THE SCHEDULE: The shooting schedule, style of working and experience are designed to achieve a set of wedding photos for the bride and groom to enjoy for years to come, accomplished with good humour and enjoyed by all concerned. The bride and groom and www.kamalmostofi.com therefore agree that punctuality and cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time, www.kamalmostofi.com cannot guarantee to take the complete set of photos, but in such circumstances will do our absolute best to compensate. The bride and groom agree to provide refreshments and a meal for the photographer should the length of attendance exceeds six hours.

PAPARAZZI WEDDING GUESTS: The majority of your guests will have digital cameras and those guests will want to photograph the bride and groom. In the spirit of cooperation the Bride and Groom agree to give the photographer precedence in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if the photographer’s work is interrupted. We would further request the Bride & Grooms assistance in ensuring that we have time alone when taking those special unique shots.

HOUSE RULES: The photographer is sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the photographer shoot from a specific location. In such circumstances the Bride and Groom agree to accept the technical limitations that may be imposed on the equipment used. We advise the Bride and Groom to make themselves aware of the rules of the venue concerned and if necessary negotiate with the people concerned. The Photographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

DISPLAY: The Photographer/s may display any photographs included in this contract in his/her studio, web site, portfolio, literature, display areas, exhibitions, competitions, advertising or slide shows; provided the use of any photographs showing any persons from the wedding (including but not limited to the Bride, the Groom and any guests). 

IMAGES All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibbers. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. We present you with all images taken at your wedding that meet our quality standards. We are the sole and final judge of those standards and any images that fail to measure up to those standards are permanently discarded. This includes, but is not limited to, out of focus images, accidental camera firings, images ruined by the camera flashes of others, interference of any kind by “non-official photographers” and images with other quality defects.

VIEWING & PROOFING: Photos are normally ready for viewing at the proofing stage between 31-45 days after the event. The Bride and Groom will be able to view these photos in their own online gallery at http://client.kamalmostofi.com. The Bride and Groom will choose the agreed number of their favourite photographs for enhancement and the photographer will add creative options to these photos. The amount of photographs enhanced will normally reflect the amount of images chosen for the album. Once the final selection of photos have been chosen the photographer will design these into the album (if requested as part of the wedding package) and produce a PDF file for final proofing by the Bride and Groom. Once this has been agreed it will be sent to the Album manufacturers for completion. A maximum of two edits will be included. No further editing can take place after this time and the full cost of the album will be liable and any further changes requested will incur extra costs.

ONLINE SERVER: The Photographs will be kept on the online server for a maximum of 12 months & it is the responsibility of the Client to ensure the safe keeping and backup of the Photographs once they have been presented to the client on DVD. www.kmwedding.co.uk has no control over the management of these servers and systems, and the photographer cannot be responsible for technical support issues that are outside of his control.

Retouching: Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.

Reorders: All reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

COPYRIGHT: Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow being copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing. International Copyright Law states that the copyright of photographs remains with the photographer. Copyright ownership of your wedding photos is transferred to the Bride and Groom upon full payment under the following conditions. The digital images taken by www.kamalmostofi.com are for personal use by the Bride and Groom and their friends and relatives. If any party wishes to sell the wedding photos for profit, permission must be sought from www.kmwedding.co.uk

LICENSE: The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers judgment regarding the locations/poses and number of images taken shall be deemed correct. You can use the images on your social media with given credits to the photographer.

MODEL RELEASE: Subject to the provision in the "Display" clause, The Bride and Groom grant www.kamalmostofi.com and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the bride and groom for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. Any requests not to publish or use photos for promotional material will be sensitively considered.

Force majeure or Act of God: The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

Attendance: In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.

LIMITATION OF  LIABILITY: In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

BOOKING FEE: The Booking fee secures the time and services of the Photographer for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Cancellation less than 12 weeks before the wedding will result in the payment in full. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.

PAYMENTS: Following payment of the booking fee (non-refundable), balance of fees due are to be paid in full or 30% is payable on the day of agreement, 70% 3 months prior to the wedding. The photographers will not attend the wedding or No photographs will be delivered until all payments due have been paid in full. Payment for additional images is to be made when they are ordered.

CANCELLATION: Please note the consumers’ right to cancel all contracts within 14 days of signing this contract, providing that Kamal Mostofi Photography has not already undertaken any clearly personalised work or order on behalf of the client. The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any moneys paid Cancellation less than 12 weeks before the wedding will result in the payment in full, ELSE, 50% charges of the agreed full amount required.

NEGATIVES/DIGITAL FILES: Negatives / digital files remain the property of The Photographers.

COMPLAINS: Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

NOTE: For Wedding Album orders, the photograph selection, as detailed above, and the album order must be agreed and submitted within three months of the Ceremony.

We have understood the contents of this contract and agree to the terms therein.

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