TERMS AND CONDITIONS
PLEASE NOTE THAT BY SECURING A BOOKING WITH MIRIYANA PHOTOGRAPHY THE CLIENT ACCEPTS THE TERMS AND CONDITIONS BELOW
It is mutually agreed that the following terms of agreement form an integral part of your booking and that no variation or modification of these terms and conditions shall be effective unless accepted by Miriyana Photography in writing.
BOOKING FEE/ DEPOSIT PAYMENTS
A non-refundable deposit as well as full acceptance of the terms and conditions secures the date, time and agreed services of Miriyana Photography. The deposit will be deducted from the cost of the Client’s chosen package when calculating the final balance due.
PAYMENT
Following payment of the deposit, the full balance of fees due is to be paid prior to the event date. There will be no attendance by the photographer/s should the full balance of fees not be received on or before the contracted due date. Payment for additional images/service/products is to be paid in full at the time of order. If the invoice/agreed fee is not paid in full, images/service(s)/products will not be delivered/provided. The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
EVENT ARRANGEMENTS
The details of the event arrangements are to be agreed beforehand in writing. The client(s) shall notify the photographer/s of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, acknowledged and accepted in writing.
DEFINITIONS
"Photographs" means all photographic material furnished by the Photographer/s, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material.
COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer/s at all times throughout the world. It is contrary to the Copyright and Design Act 1988 to copy or allow to be 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.
OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer/s.
EXCLUSIVITY
The Photographer/s retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising, trade or otherwise promoting his/her work.
DISPLAY
The Photographer/s may display any photographs included in this contract in his/her/their website, portfolio, literature, blogs, display areas, exhibitions, competitions, advertising, brochures, magazine articles, sample albums, flyers, business cards, press, social media or slide shows and to generally promote the business.
CLIENT CONFIDENTIALITY
The photographer/s will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her/them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer/s to carry out his/her obligations in relation to the commission.
MIRIYANA PHOTOGRAPHY STUDIO/BOOTH
The Photographer/s cannot be held responsible if for any reason the venue/location does not permit the required permission, space and power supply required for the Miriyana Photography Studio to be set up and used when required for the photographer/s. The named client's, location or the venue is responsible for providing the required space in an area that is legally deemed as meeting all health and safety regulations.
REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
CANCELLATION & POSTPONEMENT
The Client(s) may cancel this contract at any time by giving written notice to The Photographer/s, but in doing so shall forfeit any monies paid. Events that are postponed to another date for any reason will not retain any fee/monies paid. With any cancellation, if a booking of equal value is obtained by the photographer/s for the cancelled date, all payments will be returned, less a 10% of the full value of the contracted package plus deductions of any credit card/bank fees/charges. A booking is considered firm as from the date of confirmation.
APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
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 manmade fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Images will be supplied via digital/mechanical means i.e. USB, online gallery or similar. Digital media i.e Images supplied via digital/mechanical means i.e USB, digital downloads or similar have a limited lifespan, therefore the original transport device/USB or digital downloads cannot be guaranteed indefinitely. YOU ARE STRONGLY ADVISED TO IMMEDIATELY COPY/BACKUP ALL OF YOUR PHOTOGRAPHS TO MULTIPLE SUITABLE COMPUTER/STORAGE DEVICES. MIRIYANA PHOTOGRAPHY ARE UNDER NO OBLIGATION TO KEEP COPIES OF YOUR IMAGES ONCE THEY HAVE BEEN RELEASED TO YOU.
IMAGE MANIPULATION
Image manipulation beyond what the photographer/s envisions E.G. artistic effects to enhance the image, or extensive retouching is only available at extra cost. These costs will be quoted and paid for before extra work commences.
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, all orders must be paid in full at the time of order.
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. Due to the vagaries of the weather and willingness of subjects it may not be possible to capture all the images requested but every endeavour will be made to do so.
ATTENDANCE
In the unlikely event of the assigned photographer/s being unable to attend your event, we will make every effort to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her/their best ability. If this situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received by Miriyana Photography for the contracted event.
LIMITATION OF LIABILITY
In the unlikely event of total photographic failure, 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 however caused. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer/s will not be responsible for photographs that are not produced due to technical failure, files that have been lost, stolen, failure of ancillary accessories or destroyed for reasons beyond Miriyana Photography’s control, including but not limited to camera, hard drive/storage or equipment malfunction, liability is limited to the return of all payments received by Miriyana Photography for the contracted event. All efforts will be made to ensure a high standard of service. Thus, the photographer/s will not be held responsible for Client(s) disappointment of agreed images or agreed album as long as it is undamaged on delivery. The due performance of this Contract is subject to alteration or cancellation by the Photographer/s owing to any cause beyond his/her/their control. In the unlikely event that photographer/s and/or Miriyana Photography are required to cancel the contact during the agreed coverage due to health and/or safety issues and/or any circumstances out of their control, Miriyana Photography reserve the right to retain the percentage of the agreed fee that will cover the portion of the contract that has provided.
NEGATIVES/DIGITAL FILES
Negatives/digital files remain the property of the Photographer/s and will be kept for the minimum period required by law.
BLINKING AND REQUESTED IMAGES NOT TAKEN
Should the photographer/s, or another, notice that a member of the event or guest has been seen to blink, the photograph will be taken again but it is impossible to guarantee to observe every one. The photographer/s will attempt to capture all requested images, however very occasionally this is not possible because a particular person will not make themselves available or cooperate, we will make every effort to persuade the person and will seek assistance from attendees and we cannot be held responsible if we do not succeed.
REQUESTED PHOTOGRAPHS
The photographer/s will attempt to honour all photographs requested and agreed in advance, provided the following factors are met: weather and allocated time permitting, availability and co-operation of the person/s concerned.
COVERAGE
The Photographer/s cannot be held responsible for the lack of coverage caused by the photographer/s travelling between locations, the bride, the groom, or wedding party not being on time, or by venue, Church, Register Office, or Licensed place of wedding’s restrictions on photography. The Photographer/s does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
WEATHER CHANGES
Weather permitting; the wedding photographs will be taken as agreed. In the event of rain or snow or any form of weather disturbance, the photographer/s will make the necessary changes in the photographic session and will not be responsible for any disappointment caused by the weather. However, the photographer/s with the cooperation of the Client(s) will do his/her/their best to produce coverage of the wedding within the time allocated to him/her/them.
COMPLAINTS
Complaints should first be raised by the Client(s) with the photographer/s in writing within 21 days from the date of receipt of images/products.
LOCATIONS
For a booking involving a church/castle ceremony or any other venue, the photographers’ movements are sometimes restricted by the official in charge. The area from which the photographer/s is able to cover the ceremony may not be the photographers’ choice and the photographer/s cannot accept responsibility for any obstructed view should this be the case.
SOLE RIGHTS
The Photographer/s shall be the sole professional Photographer/s at the venues specified. No objection is made to guests taking photos at the event, providing due priority is given to the professional Photographer/s to ensure proper discharge of this Contract. The Photographer/s are not responsible for over exposed, under exposed, interrupted and unusable photos caused by guests.
PRODUCTS
Ordering of chosen photos and any other products that are included in your package are to be placed within 14 days from the photos being available for proofing. Miriyana Photography shall be made aware if this is not possible prior to the day. Failure to order the chosen photos within 14 days from said photos being made available may result in a significant delay in said photos and/or related products and/or services being delivered. Where a product/s are included in the package price and/or purchased separately, Miriyana Photography reserves the right to change the product subject to market availability, to another product/s of equal value.
PERSONAL ACCIDENT
Any directions issued to Client(s) /parties, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer/s cannot be held responsible for any personal accidents during a photographic shoot.
EXPENSES
Where extra expenses or time are incurred by the Photographer/s as a result of alterations to the original brief by the clients, or otherwise at their request, the Client(s) shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer/s in addition to the original cost.
GALLERY ACCESS AND DOWNLOADING IMAGES
Miriyana Photography cannot be held responsible for any person’s access to their gallery or/and restrictions of downloading of any image.
VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
STATUTORY RIGHTS
Your statutory rights have not been affected.
GDPR/PRIVACY NOTICE
Miriyana Photography use data as part of our business. We have to store email addresses and emails. We will also store your name/s, address/es, contact numbers, photo shoot details and other details provided on a private internal database. we may use these details to contact you and/or to complete relevant documents as part of our agreed service to you. These details will not be made available to companies or individuals outside of Miriyana Photoraphy.
EXCLUSION OF LIABILITY
Miriyana Photography is released from and not responsible for, any situation, in any way, which causes dissatisfaction of services expected by the named client. Miriyana Photography is also not responsible for the client, any guest, and/or any person who obtains and uses password information, for any suit based on event photographs from any event, including but not limited to: photos given at the event, photos produced, transferred, offered, channeled, etc., whether visible or invisible, on the third party, password protected webpage(s) and/or website chosen by Miriyana Photography. All images from the event will be available for viewing and/or purchase by all persons who enter the password on the specific link. Miriyana Photography is not responsible for explaining any part or process of such website features, photo releases, etc. to anyone using the photo booth, participating in the event, or entering such website after obtaining the password and accessing the images and/or photos from the event. All liability in explaining the Miriyana Photography event experience from all parts of the process is on the contractual client.(host).
PROTECTION OF DAMAGE
Under no circumstance, will Miriyana Photography reimburse any parties if stoppage occurs because of any damage to the Miriyana Photography Photo equipment, property, etc. or damages to the facility’s equipment, property, materials, etc. that operates any event, caused by or due to the host(s), guests, or any other party(s), including those persons working for the facility. In signing the contract, the signer agrees in bearing responsibility to pay, in a timely manner, for replacement of any damaged miriyana Photography equipment, property, etc. caused by the accidental, careless, reckless, or negligent behavior, actions, etc. of any attendee of any event. The signer of the contract will be held accountable for those damages, unless the signer is a representative of a company who is merely representing the company by signing the contract. In that case, the company will be liable for any and all damages to equipment, property, materials, etc. PLEASE NOTE: Smoking, eating and drinking any drinks are strictly prohibited in the photo booth/studio/photographing area.
MINORS
Children under the age of 12 will not be permitted in the photo booth without an adult present. The adult does not need to be in the photo with the child/children, but they must be supervising.
DECLARATION
By either, making a payment to Miriyana photography, signing any document, or contract received by Miriyana Photography or confirming in writing, I/we are entering into a legally binding contract. I/we thereby confirm the above terms and conditions for my booking for photography session and have read, understood and agree to the Terms and Conditions of business detailed above.