GENERAL TERMS & CONDITIONS
The agreement along with the booking form, contains the entire understanding between the customer and Melroy F Photography hereafter referred to as ‘The Customer’ and ‘The Photographer’ respectively.
Payment of the booking fee is deemed as confirmation that The Customer agrees to these Terms and Conditions.
Use and Copyright
Melroy F Photography grants image rights to the wedding couple with a non-exclusive, limited, perpetual license. This license allows the couple to do the following with the images: display, print, copy the electronic files or the printed images, upload, email, or electronically transfer the images or files; and publish the images on personal websites or social media websites.
This license prohibits referencing or crediting without permission or applying for copyright registration or selling any image or electronic file supplied by Melroy F Photography
Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
Your purchase of the files releases Melroy F Photography from any liability due to loss or damage of the images, and also releases Melroy F Photography from any obligation to maintain copies of any image.
Melroy F Photography may revoke this license at any time and for any reason.
Melroy F Photography retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
All images contained on this site are subject to UK and International Copyright Laws and remain the property of Melroy F Photography at all times. All data and other information is copyright to Melroy F Photography (unless otherwise stated) and may not be used without permission by Melroy F Photography. No images may be downloaded or used without express permission from the photographer for any purpose whatsoever.
Model Release
The Photographer retains the irrevocable and unlimited right to use the images taken, for editorial, competition, advertising, website, web-blog, portfolio, at exhibitions and any other purpose and in any manner, to alter the images without restriction and to copyright the footage.
Consultation
If the Photographer has agreed as part of the package to provide a consultation then a mutually agreeable time, date and location shall be agreed upon between The Photographer and The Customer and the meeting shall be up to one hour in duration. The Photographer is not usually able to agree on a consultation more than 5 miles away from The Photographer’s home address without compensation for travel expenses and travel time. If a mutually agreeable time and date cannot be agreed then the consultation can consist of a phone call of up to one hour.
Delivery of Footage
The Photographer will supply The Customer with the images in the format agreed by The Customer as soon as is reasonably practicable after the event. Due to the variable nature of the workload The Photographer cannot guarantee precise timings, although we make every effort to deliver images as soon as possible to our clients.
Due to the ambiguity about how long DVD/USB Drives can hold information, Melroy F Photography recommends the client back up all images to insure the images for years to come. Melroy F Photography cannot be held responsible for the failure of CDs/DVD/USB drives due to mishandling. It is the client’s responsibility to keep several copies of their image files in more than one location, and back the images up in multiple alternate formats.
Limit of Liability
In the unlikely event The Photographer is unable to attend an event, wedding or supply the services specified due to illness or factors in or beyond their control then The Photographer on a best efforts basis will try to book a replacement photographer known and trusted by them. If a replacement photographer cannot be found or The Customer does not wish to go ahead with the replacement then liability is limited to a refund of any payments received.
The Photographer has working methods in place to prevent the loss or damage to The Client’s images. However, in the unlikely event that images are lost, stolen or destroyed for reasons in or beyond our control then liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
Fees and cancellation
A non-refundable Booking Fee is required to hold the date of your event. No date is reserved until a Booking Fee is received. The balance of the package fee must be paid no less than 30 days prior to the date of the event. If the package fee is not paid by that date, The Photographer reserves the right not to provide any services until payment is made or treat the contract as being cancelled by you. The Photographer also reserves the right to pursue payment of the full booking value if the contract is cancelled with less than 30 days to the event date. In the event of The Customer cancelling the event for whatever reason and at any time the booking fee is non refundable.
All monies paid are nonrefundable.
Cancelling / Rebooking Engagement Sessions
In order to give you the best, most relaxed session possible, Melroy F Photography only schedules one session per day. That way, our attention is totally focused on you and your experience. Because reserving your date requires Melroy F Photography to turn away other business on that day, there is a £50 fee to change your date.
Change of date or venue
Melroy F Photography must be notified immediately of any changes in schedule or location of a Wedding date, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via post or email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify Melroy F Photography.
Expense Reimbursements
The wedding couple agrees to reimburse Melroy F Photography for all reasonable expenses relating directly to the photography event itself . For example, parking fees, destination travel fees, accommodations, etc. Melroy F Photography will bill the client after the event in the event such expenses are required. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Melroy F Photography agrees to supply expense receipts if so requested.
Local Business Licenses / Fees / Restrictions / Permits
Where permits are required for photography, this cost shall be passed on to the client.
Returned Cheques
Returned cheques are subject to a £50.00 returned cheque fee.
Image Quality, Creative license & artistic style
Owing to the subjective nature of photography as an art form, the wedding couple waive any potential claims of negligence if they deem, for whatever reason, the images to be sub-standard. It is assumed that couples are familiar with previous work by Melroy F Photography, and that the quality produced on the day be commensurate with this quality where possible (due to restrictions of venue lighting, venue access, and time restrictions).
Owing to lighting conditions at venues, we cannot guarantee the style of pictures. This is typically true at, but not necessarily limited to the reception where ‘disco‘ lights may affect the images.
Images may be edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer reserves the creative right to edit and release only those deemed professional in quality and within the photographer’s artistic standards. The Client acknowledges that they are familiar with The Photographer’s portfolio and are requesting services with knowledge of The Photographer’s style. The client also accepts that The Photographer’s work is constantly evolving and changing to meet modern standards and artistic merit, and that The Photographer’s services are of unique and artistic nature. The photos supplied may be different from photographs taken by The Photographer in the past; and that in creating the photos, The Photographer shall use his personal artistic judgment to create images consistent with his personal vision of the event, this vision may be different from The Client’s and the subject’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
Image requests (pinterest and others) -
Whilst we really want your input and to work with you to get the imagery you want of your wedding day, in this internet age sometimes we receive specific image requests of pictures downloaded from pinterest or similar. Whilst we will do our best to accommodate these requests we respectfully request that you remember that no two pictures in the world will ever be the same – owing to difference in lighting, subject, photographer, equipment, and artistic style.
We also respectfully remind you that you have booked Melroy F Photography based on the imagery you have seen, and we are very proud of our contemporary (and always evolving) style of photography.
Failure to Perform
Due to the limited and subjective nature of the event Melroy F Photography cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other guests or the rendering of decorations of the location.
It is acknowledged that any lists submitted to Melroy F Photography will be used for organizational purposes only and in no way represents photography that will actually be produced. Melroy F Photography will do its best to fulfil all requests but can make no guarantees all images will be delivered.
Melroy F Photography does not guarantee any single shot/image/moment, and cannot be held responsible for missed shots for any reason.
Unforseen circumstances
If Melroy F Photography or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the photographers illness, then Melroy F Photography shall return any moneys paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, memory card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Melroy F Photography.
Threatening, derogatory or abusive behaviour
Melroy F Photography has a zero-tolerance policy when it comes to abusive, threatening, criminal, sexist, obscene, or vulgar behaviour towards any agent of Melroy F Photography.
Unacceptable behaviour from the clients, or guests invited by the client to the above event, or venue staff, at any meeting or interaction (in real life or online), will result in an initial warning by Melroy F Photography. However, if this continues, or if the initial behaviour is serious enough, Melroy F Photography may leave any photo shoot or event immediately without compensation to the client. In such cases, Melroy F Photography will contact the client to explain what happened, and outline further steps in delivering the remaining elements of this contract.
Price Increases
Melroy F Photography guarantees album and product prices for up to 6 months from the date of the wedding (the ceremony date stated on original contract). This is considered an appropriately generous amount of time for clients to make their choice of images they would like to be incorporated into their album design. After 6 months there shall be an additional fee of £150 to cover price increases from our suppliers.
If Melroy F Photography has not heard from the client after 12 months from the date of the ceremony with a finalised design/choice for their album, the album section of the agreement/contract shall be cancelled and the contract considered complete and finished.
Exclusive Photographer
Melroy F Photography shall be the exclusive photographer(s) retained by the client for the purpose of photographing the wedding. Family and friends of the clients and other wedding vendors shall not interfere with the photographer’s duties. Guests may be asked to refrain from taking flash photographs at certain intervals of wedding services to ensure proper exposure of images.
There is also a danger that guests can unwittingly spoil shots. This can be as simple as trying to repeat shots taken by the “official” photographer, distracting the subjects so that eyes are not looking at the camera, taking an inordinate amount of time to take shots, “spotting” the bride’s face with red focus assist lights, floating into view on formal set-piece shots, compromising the ambience of scenes by the inappropriate use of flash photography, or encroaching on shots.
We will speak with the guest or bride or groom or coordinator if appropriate. In some circumstances our coverage may be compromised or may have to be cut short.
Digital Negatives
You will be provided with JPEG images from your day. RAW image files created by our cameras, will not be released under any circumstances, and remain the property of Melroy F Photography.
Legal Documents
For legal reasons we are unable to take pictures of you signing the official register, or release any images with legal documents in them. If this happens we will blur any legal documents or texts if they were also in the shot. There is usually a dummy register to sign for photography purposes.
Editing
Images are provided edited to you on disc or USB. Editing is defined as: cropping, colour correcting, and contrast toning. These edits are to ‘normalise’ images from the digital negatives taken in-camera, and no more. We do not offer editing services such as drastically altering body shape or facial appearance, or perhaps changing out locations, or even inserting fake elements.
Disputes
All complaints must be in writing addressed to Melroy F Photography via post or e-mail. Melroy F Photography will treat all complaints with care and due diligence, and endeavour to reach a solution that satisfies both parties.
Any complaint should be advised to Melroy F Photography at the first instance verbally (if at an event or ceremony), followed up by full written confirmation within 14 working days of the shoot date or receipt of final products – which will be responded to in writing within 28 working days of receipt of complaint, firstly to confirm our receipt of a customer complaint from you, and secondly advising you the next steps in the complaints procedure (specifically, either the steps we intend to take to investigate, or to resolve your problem).
Please send the following information in writing: Your Name, full address and telephone number, e-mail address, nature of complaint, detailed information about your complaint, and any supporting evidence (photos, statements, etc…).
Client assumes responsibility for any and all collection costs and legal fees incurred by Melroy F Photography in the event that enforcement of this contract becomes necessary. All legal action shall take place under the laws of the United Kingdom. No damages claim (irrespective of nature of the claim) can exceed the package price of Melroy F Photography’s service as stipulated in their contract. Melroy Fernandes and Melroy F Photography cannot be sued for any amount greater than the price of services offered.
Please note:
Melroy F Photography cannot be held responsible for circumstances outside of their control.
By paying the session fee or booking fee, and being in receipt of a written contract, letter of booking confirmation, or confirmation email, you will have also received copies of our T&C’s, been able to access our Customer Care section on this website and signed our model release documentation, thereby entering into a contractual agreement with us – this includes acceptance of our policy on cancellation, and the terms outlined for balance payments or ordering of final display options and image products and payments therein.