Below are an example of the standard Lotus Photography Wedding Terms & Conditions
Please note, to secure Lotus Photography for your wedding day, a signed contract and a non-refundable 50% deposit will be required to secure the booking. The remaining balance is due to be paid on or before 30 days prior to the wedding day.
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.
All 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.
The client has the option to opt in or out of images being used for marketing purposes by Lotus Photography. If the client agrees to allow Lotus Photography to use images for marketing purposes. 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 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 client hereby allows the photographer/s to display any images included in this contract in their studios, portfolios, literature, exhibitions and advertising.
On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).
If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
Cooperation and Punctuality / Responsibilities:
The Client(s) and the Photographer consent to cooperate and communicate happily with each other to achieve the best possible shooting results. The client understands 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 client is late. The shoot will start at the scheduled time, any lateness will be deducted from that time.
The Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer.
It is the responsibility of the Client 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.
The Photographer 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.
The Lotus Photography will be the only professional photographer at the wedding unless otherwise agreed in advance.
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. Images may not be made available for download.
Negatives/Raw Images/Digital Files:
Negatives/raw images/digital files remain the property of the photographer/s.
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.
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.
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 vagaries of 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/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 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 client understands and accepts 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 clients may cancel this contract at any time by giving written notice to the photographer but in doing so, shall forfeit monies paid.
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.
Any complaints should be raised by the client 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:
If clients have consented for images to be used for marketing purposes, the raw and edited images will be kept by Lotus Photography for 6 years.
If clients have not consented for images to be used for marketing purposes, the raw and edited images will be kept by Lotus Photography for 2 years.
Your Private Information:
In compliance with Data Protection and GDPR, clients’ information will be stored securely.
Clients details are not passed to a third party unless prior consent has been obtained.
Lotus Photography does not store bank details and offers PayPal for secure payments.
Clients will be asked to enter their email address when logging on to their online gallery (provided by ShootProof), this is to monitor who is logging on to the galleries. Client email address will not be passed to a third party and will only be added to the Lotus Photography Mailing List with given consent.
Terms and conditions are subject to change.