TERMS AND CONDITIONS OF CONTRACT FOR PHOTO & VIDEOGRAPHY SERVICES

 

In the following terms & conditions “the photographer” shall mean Pubudu Disssanayaka as IMAGE BY PD. “The client(s)” shall be those persons defined as bride and groom in the wedding booking or The person who booked the event. It is agreed that the following terms set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

 

Booking Fee / Deposit Payments

 

 A non-refundable booking fee of 25% as well as full acceptance of the terms and conditions as published on the photographer's website secures the time and services of the Photographer for the wedding and is nonrefundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due one calendar month before the wedding day. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.

 

Wedding Arrangements 

 

The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in their delivery of the service until any changes are received, and acknowledged in writing. 

 

Cancellation

 

The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid. Cancellation less than 12 weeks before the wedding will result in the payment in full becoming due. All cancellations must be in writing. 

 

Display 

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, social media, sample albums, etc. 

 

Images & Videos

All image sizes are nominal. The Photographer/s will provide a pleasing color balance but cannot guarantee exact color matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact color as seen by the human eye. 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.

 

You acknowledge that you are familiar with our style and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that the studio will use their expertise and artistic judgment to create images consistent with their vision of the wedding, which may be different from yours.

Video Trailer 

This 1-3 minutes clip includes all the highlights from the day and will be edited to one song. We will be using visual effects and professional color grading to get that cinematic look. This clip is ideal to share with your friends and family through social media.

  • The duration of the video trailer can range from 1-3 min.

  • The client will only be allowed 1 chance to make changes to the video. 

  • The client will be sent a copy of the trailer for proofing purposes within 1 month.

  • The client must choose the song to be used in the video.

  • The final trailer will be sent to the client within 4 weeks after receiving feedback.

  • The Editor/Photographer has the creative authority to edit the video to their style.

  • If the client requests any further changes after the initial proofing and feedback, the client will be charged for any excess work.

Full Video 

This clip will be ranging from 30 to 60 minutes, depending on the total hours we cover on the day. RAW footages will be edited by lining up the whole day as they happened with live audio. Background music/songs will be added according to your preference.

  • The duration of the video will range from 30 min to 1 hour.

  • The client will only be allowed 1 chance to make changes to the video. 

  • The client will be sent a copy for proofing purposes.

  • The duration of the video will depend on the activities and the behavior of the guests at the event and the photographer will not be liable if the video length is short due to the inactivity of the guests.

  • The Editor/Photographer has the creative authority to edit the video to their style.

  • If the client requests any further changes after the initial proofing and feedback, the client will be charged for any excess work.

 

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc The Photographer's judgment regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct. Retouching, digital manipulation and artist finishing is available to the Client as an option at extra cost. 

 

Prints / Reorders 

All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.

 

Copyright 

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

 

License

The Photographer/s shall be granted artistic license in relation to the poses photographed and the locations used. The Photographers' judgment regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested

 

Please advice in writing if you do not wish to post ant images or videos on Social Media 

 

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.

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/videos that are not produced due to technical failure. (on the day of the event or after the event)

 

Attendance In the unlikely event of the assigned Photographer being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability. 

 

Limitation of Liability 

In the unlikely event of a total or partly photography/videography failure (on the day of the event or after the event) ,

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the photographer/Videographer’s control including but not limited to camera, hard drive, or equipment malfunction, the photographer/Videographer (on the day of the event or after the event)

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 or partly value of the contract.

Neither party shall be liable for indirect or consequential loss. 

 

Personal Accident

Any directions issued to clients, their guests, or employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot

Client Responsibilities

  • The client is liable for any equipment that is broken or damaged by the guests or staff at the event.

  • The client, guests, and event staff are expected to treat the photographers with respect. Any indecent and rude behavior will not be tolerated and the client will be held financially responsible for any damages occurred.

  • The client will be charged for any extra work, other than what was agreed upon.

 

By accepting these terms and conditions, you acknowledge that you are at least eighteen years of age, or the legal age to form a binding contract within your legal jurisdiction.

Payment of Deposit is agreeing to the terms above.

terms and conditions that are subject to change without notice