Terms and conditions are necessarily written in legal jargon but we have tried to put these in plain English. It is important to read and understand them so that both parties know where they stand and to help us provide the best possible service to you in capturing photographs of your event. This document is to provide you with details of the Company’s general terms and conditions. A copy of the specific terms and conditions applicable to your booking will be sent to you with your booking details.
1) General information
a) These are the terms and conditions on which we provide services and products to you. We are Matthew Ellacott Creative Solutions Limited, a company incorporated in England and Wales with registered company number 11820976, whose registered office is at 2 Talbot Lodge, 12 Linton Road, Oxford OX2 6UG
b) You can contact us by emailing matt@matthewellacott.co.uk
2) Our contract with you
a) Our acceptance of your order will take place upon agreement to these terms and payment of the fee or reservation deposit as reflected in the booking form (the Booking Deposit). Completion of the booking form alone without payment of the sum will not secure your booking and the date may be booked by other parties.
b) Any Booking Deposit is non-refundable and the remaining amount (Balance) will become payable on the date shown in the booking form (Balance Due Date). Failure to pay the Balance by the Balance Due Date will cancel your booking and you may be liable for reasonable fees we have incurred in connection with the booking. This will not affect your statutory rights.
c) The Balance will be payable in full if you cancel at any time between the Balance Due Date and the Event Date as the late notice makes it highly difficult for us to secure replacement income. As a result, no refunds will be payable.
d) If we are unable to accept your order we will inform you of this by email and will not charge you for our services or products. This may be because of unexpected limits on our resources or other reasons and your attention is drawn to Condition 4(f) in this regard.
3) Cancellation
a) Bookings sometimes need to be cancelled. We strongly recommend that for larger bookings clients consider comprehensive insurance to protect themselves from costs if they need to cancel.
b) You have the right to cancel this contract for services within 14 days after conclusion of the contract. To exercise this right to cancel within the 14 day period, please contact us at matt@matthewellacott.co.uk and we will confirm receipt. Only upon this confirmation of receipt will your booking be deemed cancelled.
c) There are a number of factors outside our control which may require us to cancel coverage of the Event such as but not limited to industrial action, staff absence, sickness or acts of God. We will return the Booking Deposit in full if we are required to cancel prior to the Balance Due Date. If we are required to cancel after the Balance Due Date but before the Event, we will return all monies paid until the point of cancellation in full. In either scenario, we will use reasonable efforts to recommend a replacement photographer and you accept repayment of the monies releases us from all claims and liabilities you may have against us in this regard.
4) The Services
a) We will provide the services agreed on the date agreed on the quote or booking form. The services will typically be:
b) capturing photographs of the Event, editing and producing such photographs and providing such photographs to you as fully specified in the Booking Form; and basic image manipulation services as described in section 10.
c) Any changes to the times and dates of the Event must be communicated to us as soon as reasonably practicable and the Company excludes all liability for failure to do so. You acknowledge that arrangements will have been made and staff booked well in advance of the Event and your attention is specifically drawn to condition 3 above in this regard.
d) It is your responsibility to obtain all permissions and consent required in order for photography to take place. The photographer is limited by the guidelines of any locations, or other official requirements. You agree to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is your responsibility and the Company will offer technical recommendations only.
e) The services provided and the images recorded will be as the photographer’s professional expertise determines in its sole discretion, unless otherwise agreed in writing prior to the provision of services. We cannot guarantee that we will capture photographs of any particular individual or group during the provision of services in the event that you do not attend the pre-event consultation (detailed in section 5 below) or if particular individuals fail to make themselves available in accordance with the photographer’s request.
f) The Company will not be liable to you to any extent for any equipment malfunctions or events outside of our control which impact upon the photographs taken. In the unlikely event of a significant equipment malfunction resulting in inability for us to provide the services at all our liabilities are limited to the amount paid and to be paid by you for such services. If a significant equipment malfunction results in us being able to provide only some of the services to you, the amount paid to be paid by you shall be reduced accordingly.
g) You acknowledge and agree that the Company will act as the sole and exclusive for the booked event. Any formal photography time is for the exclusive use of The Company to capture the agreed photographs. The Company accepts no liability for negative impact caused by guest or public photography.
h) Unchecked guest or public conduct that interferes with our photography may affect the quality of the photographs taken and increase the number of times photos must be re-taken and we cannot be held liable for the quality of any photos (or lack thereof) as a result. We will not be held responsible for images or scenes not included due to adverse weather conditions and/or any conditions, acts of events reasonably outside of our control.
5) Pre-Event consultation
a) You agree to a pre-event consultation before the date in order to finalise the shooting times, locations and important photographs. This consultation can be conducted via email, phone, video call or by face-to-face meeting. The purpose of this consultation is to make clear to us any specific photographs required, and to advise the times and locations that the company is required to attend at. We accept no liability for missed images if this information is either not provided or is inaccurate.
6) Event guide
a) Where requested by the Company, you will be responsible for (or have someone designated for) identifying people/objects of whom/which specific photographs are desired. You accept that we have no liability for interferences with our provision of services resulting from changes to the event guide or venue outside of our reasonable control or individuals not presenting themselves in a timely manner.
7) Formal photography window
a) Where requested, the Clients agree to set aside an agreed period for the taking of specific photographs during event or before. This includes the shooting of group photographs and any portraits that may be required. If the late arrival of The Clients (or any other reason outside of the photographer’s control) prevents this window from occurring, The Company shall not be held liable for failure to take desired photographs.
b) This will be agreed with you in writing in advance by email and only upon our written confirmation of the same.
8) Intellectual property
a) We respect that the photographs of your event are personal to you and you may use them for whatever non-commercial purpose you wish. However, unless agreed otherwise, the associated intellectual property in the images is owned by us and if you wish to use such intellectual property commercially then you must obtain a written license for such use from us (which may require you to pay us reasonable royalty fees). You agree to ensure that the Company is, and remains at all times, credited as author and owners of all intellectual property rights in all the materials referred to in this clause.
9) Model release
a) In additional consideration for receiving the services, you agree to grant an irrevocable and unrestricted right to the Company to use and publish photographs in which you are included as part of the services for any purpose without limitation. You further agree that any assistant photographer or co-photographer undertaking the services has the same permission for promotion of their own photography business.
10) Image manipulation
a) The Company will perform a ‘regular’ and basic edit on your images, to include correcting colour balance, exposure level, adjusting contrast, and cropping to the best of our abilities. A handful of close-up portraits can also be treated for blemish removal. This ‘regular’ editing does not include special effects, de-ageing or portrait glamourisation. If you wish such additional work to be provided, we may be able to do so upon separate written agreement for which we usually charge £100 per hour. It is understood that if a technicality prevents the Company from performing requested image manipulation, you will reside with the fact that we have performed to the best of our ability and will have no further responsibility towards said image manipulation.
11) Liability
a) Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that were not foreseeable to you and us when the contract was formed, that were not caused by any breach on our part, that are business losses or losses to non-consumers.
12) Other important terms
a) You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
b) Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as otherwise set out herein.
c) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
d) Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13) Force Majeure.
a) If we are prevented, hindered or delayed in or from performing any of our obligations under this agreement (including providing the services to you by the agreed date) resulting from an event outside of our reasonable control, we shall not be in breach of this agreement or otherwise liable for such failure or delay. The time for performance of such obligations shall be extended accordingly and reasonably. You agree that we will be released from all liability in the event we refund the full amount of the fees you have paid to us if we are unable to provide a replacement service.
14) Which laws apply to this contract and where you may bring legal proceedings.
a) These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.a
