Terms & Conditions -Weddings
Emily Johns trading as Lotus Photography reserves the right to use any photograph in any form such as, but not limited to, advertising, reproduction and copyright. All images are copyrighted by Emily Johns, even those you purchase. Copying, scanning, editing or reproducing images is strictly prohibited unless otherwise agreed upon in writing by the Photographer. Screen capturing images from websites without paying for them is also against the law. All offenders will be prosecuted accordingly. Prices are subject to change without notice and are non-negotiable. Due to the custom nature of photographic products, no refunds will be issued. By posing for Emily Johns, you agree to these terms.
Clients must be at least 18 years of age and have read and understood the terms and conditions and are competent to execute this agreement.
If the Clients choose to opt-in for images being used for marketing purposes by Lotus Photography, the Clients agrees to allow Lotus Photography to use images for marketing purposes, therefore the following applies:
- The Photographer has unrestricted use of these images and can use them wholly or in part in any publication (commercial or otherwise), portfolio or public display with any retouching or alteration without restriction.
- Clients grant to the Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction and to copyright the same.
- Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
- Clients consent that their name and identity may be revealed therein or by descriptive text or commentary.
- Clients hereby release all rights to exhibit this work in print and electronic form publicly or privately.
- Clients, unless otherwise agreed, waive any rights, claims, or interest they may have to control the use of their identity or likeness in whatever media used.
- Clients also, understand that Lotus Photography is not responsible for any expense or liability incurred as a result of my participation in this photography, including any issues incurred as a result.
- The Clients hereby allows the photographer/s to display any images included in this contract in their studios, portfolios, literature, exhibitions and advertising.
Please state “Yes” or “No” on whether you consent for these images to be used for the above marketing purposes:
Due to Covid19, new precautions will be put in place.
- The Photographer may choose to wear a facemask. If the Clients struggle to hear the Photographer communicate whilst wearing the facemask, please discuss this with the Photographer.
- Social distancing between the Photographer and the Clients will be maintained at all times as per guidelines from the Government.
- It is the Clients’ responsibility to ensure the number of people at the wedding is within Government guidelines. If this exceeds guidelines, the Photographer reserves the right to leave.
- If the Clients or Photographer, a member of their household, or someone they have been in contact with, have shown symptoms of Covid19 within 14 days before the wedding, it is their responsibility to inform the other party as soon as possible so that alternative arrangements can be made.
- If the wedding is rescheduled due to Covid19, whether that’s due new Covid19 restrictions or the illness its self, the Photographer agrees to be flexible and not charge additional fees to reschedule to a new date. Clients are strongly encouraged to discuss the Photographer’s availability prior to booking a new wedding date. If the Photographer can not be present on the new date, they will waive the standard cancellation policy and refund money paid within 60 days of a cancellation contract being signed by the Clients.
- Although the Photographer will do their best to ensure the Clients’ safety and to set in place precautions regarding Covid19, the Clients are responsible for their own safety and wellbeing.
These restrictions may change in line with the latest Government advice.
Please state “Yes” or “No” to confirm whether you have understood and will assist in these precautions:
To secure your booking with the Photographer, a 25% non-refundable retainer will be requested at the time of booking. The remaining balance will be required 30 days prior to the wedding date. If the Clients fail to pay the remaining balance by the agreed date, the Photographer reserves the right to terminate the contract and retain any monies paid.
Cooperation and Punctuality / Responsibilities:
The Clients and the Photographer consent to cooperate and communicate happily with each other to achieve the best possible shooting results. The Clients understand that failure to be punctual can result in loss of shooting time. If the Clients are late or a schedule overruns, the Photographer will do her best with the time she has to compensate and produce the best results she can in the time allotted. No additional time will be added to the session if the Clients are late. The shoot will start at the scheduled time, any lateness will be deducted from that time. The Photographer is not responsible if Clients and/or key individuals fail to appear or cooperate during sessions, or for missed images due to details not revealed to Photographer. It is the responsibility of the Clients to ensure everybody is participating in the session. If some party(/ies) and/or children refuse to partake, this is not the Photographer’s liability. Facial expressions are beyond the control of the Photographer. The Photographer will try her best to engage with children and Clients, but cannot force anybody to smile. If people are not smiling, it is not necessarily considered a bad image.
Unless agreed otherwise, Lotus Photography will be the exclusive Photographer with no other camera or recording devices, including phones or tablets, permitted during the ceremony or formal group or couple photos and Lotus Photography will be the only professional photographer at the wedding.
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 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. Any breaking of seals in the viewing album will presume a breach of copyright. The images taken by the Photographer are for personal use by the Client and their friends or family, selling the photographs is not allowed without permission from the Photographer. Buyer may not resell, relicense, redistribute without express written permission from Photographer. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Images may not be incorporated into trademarks, logos, or service marks.
Negatives/Raw Images/Digital Files:
Negatives/raw images/digital files remain the property of the Photographer.
The final post-production styles, overall look and editing are left to the discretion of the Photographer. The Photographer’s judgement regarding the locations/poses and number of images taken shall be final. Due to the changes in the weather and the willingness of subjects it may not be possible to capture all the images requested.
All image sizes are nominal. The Photographer 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 fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye.
Retouching, digital manipulation and artist finishing is available to the Client as an optional extra.
The Clients understand and accept that the photographic coverage will be as the Photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the Client’s wishes. Any special requests not notified on this booking form must be made by the Client to the Photographer/s in writing.
Number of Images:
Although the Photographer will do their best to produce more images than discussed with the client, however, there is no guarantee that any particular number of images will be produced.
Download Period for Images:
Clients images will be available to download from their online gallery for 60 days. If Clients require images to be available for download beyond this period, a £16 charge for every additional 30 days will be requested.
The Photographer has the right to one uninterrupted 20-minute rest break during their working day if they work more than 6 hours a day. This break will be is included within the quoted hours of coverage if coverage is longer than 6 hours. The Photographer will aim to take the break at a time which will cause the least disruption/interruption in coverage for the Clients. Clients are not required to provide food, but if they choose to do so, a gluten and lactose-free option with non-alcoholic drinks is appreciated.
The Photographer reserves to right to terminate coverage and leave the location of the event(s)/shoot(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event(s) or shoot(s); or in the event that the safety of the Photographer is in question. Clients will be responsible for any damage that is proven to be their fault.
Sparklers and Smoke Bombs:
Clients understand that the use of sparklers and smoke bombs are at their own risk and that Lotus Photography is not liable and takes no responsibility for them. If Clients choose to use them, they must purchase them and obtain permission from the venue.
The Photographer may still refuse to use them if the conditions are not favourable, e.g. strong winds.
The Photographer does provide a 14 day Cooling Off Period from the date that the contract is signed. If the Clients chose to cancel their booking during this time, their retainer will be refunded in full.
After the Cooling Off Period, the Clients may cancel this contract at any time by giving written notice to the Photographer, but in doing so, shall forfeit monies paid. If the booking is cancelled by the Clients is within 30 days of the proposed booking date, full payment will be required.
If the Clients need to reschedule the shoot, every effort will be made to transfer the booking to the new date. However, if the Photographer is unable to attend the new date (e.g. has a previous booking), the Photographer reserves the right to decide whether to retain the deposit and if the original date is within 30 days of the reschedule notification the Photographer reserves the right to request the full balance.
Photographer Unable To Attend:
On occasion and without notice it may be necessary for the Photographer originally specified to be substituted by another Photographer, (e.g. due to ill health). The Clients will be notified as soon as possible if this is the case.
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.
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. The Clients understand and agree that the Photographer cannot be held liable for any damage to or soiling of clothing, footwear or any other personal items belonging to the Clients, the Bridal Party, or any of the guests. As part of their role, the Photographer might suggest certain locations or poses which may result in soiled clothing or footwear (e.g. standing on grass). The Clients understand that in agreeing to the Photographer’s suggestions, they accept responsibility for any damage or soiling caused to personal items, clothing and footwear. As a result, the Clients understand they are entirely responsible for repair or laundry costs.
Any complaints should be raised by the Clients with the Photographer/s, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.
Storage of Client Images:
The edited images will be kept by Lotus Photography for up to 6 years.
Your Private Information:
Terms and conditions are subject to change.