In the following terms & conditions “the photographer” shall mean John Groman trading as john Groman photography. “The clients” shall be those persons defined as the customer or purchaser of services. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

 

1. COPYRIGHT

i. The copyright, Designs, and Patents Acts assign the copyright of the images to the photographer.  

 

2. DISPLAY

i. The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums, etc. 

​

3. CREATIVE LICENSE, COVERAGE AND REPRODUCTION

i. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client's requirements. 

 

ii. Special verbal requests are not binding instructions, although every effort is made to comply with the client's wishes. The Photographer will do their best to honor the requested services but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability or willingness of subjects.

 

iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. 

 

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs.

 

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. in the event of total equipment failure the photographer may work with the client(s) to negotiate replacement work or images as gestures of goodwill, which are not outlined within the signed contract or agreement. 

 

4. PAYMENT

i. An agreed non-refundable booking fee will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The booking fee will be deducted from the gross cost of the client's chosen package when calculating the final balance due.

​

ii. Payment in full of the remaining balance will be due within seven days prior to the date of the booking, unless agreed upon by all parties in writing. 

​

iii. Additional goods ordered must be paid for in full at the time of ordering. 

 

iv. Titles to all goods remain with the photographer until paid for in full by the client(s). 

 

5. FORCE MAJEURE

i. In the unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.

 

ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown, etc.

 

6. DIGITAL FILES

i. All digital files remain the property of the photographer. All digital packages include a copy of the edited digital files to the client(s) for their own non-commercial use.

 

ii. Should the digital files be lost, damaged or destroyed for reasons beyond control, the photographer's liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

​

iii. commercial and registered business clients shall be provided the right to use digital files for business and commercial related use. this will include but not limited to: marketing collateral (print or digital), internal or external communication communication posts and releases, branding, etc. 

 

7. ON THE DAY

i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage the client and guests to take photographs on mobile devices throughout the day at their own risk.

 

8. PERSONAL ACCIDENT

i. Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at the client's own risk. The photographer will not hold liability nor be responsible for any personal accidents during a photographic shoot.

 

9. CANCELLATION FEES

i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation: 

 

ii. Cancellation from the booking date is subject to the holding of the agreed booking fee, and/or additional cancellation fees said in the agreement. 

 

10. DELIVERY

i. The photographer will deliver digital files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.