Terms & Conditions
1. Booking Details
It is agreed that the terms set out in the contract is the total agreement made between the parties and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.
Upon receipt of the completed booking form and booking fee payment, Kirsty Mattsson Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the initial booking fee is non-refundable.
2. Image Editing & Retouching
Kirsty Mattsson Photography will hand-edit all images to a high professional standard. All images will be edited with a pleasing colour balance but exact colour matching cannot be guaranteed owing to anomalous reflectance caused by a combination of certain dyes and materials especially in man-made fibres. It is sometimes impossible to record photographically the exact colour as seen by the human eye.
Kirsty Mattsson Photography will (as a minimum) perform a standard amount of retouching to take the photographs to a quality which is considered appropriate.
3. Number of Images
Although Kirsty Mattsson Photography will do their best to produce more images than discussed with The Client, there is no guarantee that any particular number of images will be produced. All images presented to the client are a FINAL SELECTION. Any other images will not have passed our quality control and therefore will not be processed or released to the client.
4. Third Party Printing
Kirsty Mattsson Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the digital files that are supplied, by Third Party Printers.
5. Photographic Products
Album and wall product prices are a general guide only and subject to manufacturing and material cost variations which Kirsty Mattsson Photography has no control over. Where an album is included in the agreed package price, the photographer reserves the right to change this album subject to market availability, to another album of equal value. Any albums purchased by The Client as part of a photography package, must be ordered within 6 months of The Client receiving their online image gallery. If albums are requested later than 6 months then they may be subject to price increases.
6. Copyright and Digital Files
Images are protected by the Copyright and Design Act 1988. It is understood that The Photographer retains the copyright and ownership of these images at all times throughout the world. It is understood that The Photographer reserves the right to use the images for display, publication, advertising or other purposes. It is an offense to display these images in public or offer them for publication or sale without prior consent from The Photographer.
7. Creative License
Kirsty Mattsson Photography is granted creative and artistic license in relation to the choice of poses, style of photography used and number of images produced. Kirsty Mattsson Photography will make every effort to capture all images required by The Client but cannot guarantee that any specific image/s will be provided, nor incorporate any specific background, location or group arrangement. Some photographs may not be possible due to weather conditions and the availability and willingness of subjects.
8. Licensing of digital files
Kirsty Mattsson Photography grants a non-exclusive licence and permission to The Client for personal reproduction of the images contained on their purchased USB or digital download gallery under the following conditions:
The Client is granted the right to print, copy, and display the digital images for personal use and for sharing with family and friends.
1) The use of the images for any commercial purposes is strictly prohibited. The Client may not sell in whole or in part any of the images.
2) The images may not in any way be modified without the photographer’s consent. No derivative works are to be made from the images without the photographer’s consent.
4) The Client may not assign or sell this license. Images are not to be shared with other commercial businesses including other wedding suppliers. If wedding suppliers ask The Client for images The Client must please direct them to The Photographer.
9. Image Backup
Images will be supplied via digital means as download files. It should be noted that you are strongly advised to immediately copy/backup your wedding photographs from this download to a suitable computer/storage device. Digital media has a limited lifespan therefor any storage device cannot be guaranteed indefinitely. Also, please note that Kirsty Mattsson Photography are under no obligation to keep copies of your images once released.
10. Photographer Cancellation
In the unlikely event that Kirsty Mattsson Photography has to cancel the appointment for reasons beyond their control, their liability shall be limited to a full refund of all monies paid. Where possible a new shoot date will be offered, or in the case of weddings, an attempt will be made to procure the services of another professional photographer.
11. Client Cancellation
In the event that The Client cancels the photography services, the booking fee will be forfeit. However, where possible this fee may ( at The Photographers discretion) be transferred to an alternative date.
With regards to weddings, if The Client cancels the photography services earlier than three months prior to the wedding date, Kirsty Mattsson Photography agrees to refund any additional monies paid by the client towards their balance, excluding services / products that have already been delivered.
Cancellation of wedding photography services within three months of the wedding date will result in 50% of the final balance being due. Cancellation of the photography services within one month of the wedding date will result in the full balance been due.
12. Force Majeure or Act of God
Kirsty Mattsson Photography makes every effort to produce the highest quality photographs possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of total photographic failure, injury or sickness beyond Kirsty Mattsson Photography’s control, liability shall be limited to a full refund of all monies paid. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Your statutory rights are not affected. Kirsty Mattsson Photography has full Public Liability, and Professional Indemnity Insurance.
13. Limitation of Liability
In the unlikely event that Kirsty Mattsson Photography is unable to perform to the guidelines of the contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Kirsty Mattsson Photography, then we will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the contracted event.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Kirsty Mattsson Photography’s control, including but not limited to camera, hard drive, or equipment malfunction, Kirsty Mattsson Photography’s liability is limited to the return of all payments received for the contracted event.
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
15. Meals and refreshments
For full day wedding coverage a meal/lunch is much appreciated please if working over 8 hours, often it is hard to be able to get a chance to get food and going off site is not always possible (this is not usually taken with your guests as the photographer/s have important duties to perform during this period).