Terms and Conditions for Capture Dreams Photography
1. Introduction
Welcome to Capture Dreams Photography. These Terms and Conditions outline the agreement between you (the "Client") and Capture Dreams Photography (the "Photographer"). By booking our services, you agree to the following terms.
2. Booking and Payments
- A non-refundable deposit of £300 is required to secure your booking date.
- The remaining balance must be paid in full 30 days before the event.
- Failure to make timely payments may result in the cancellation of your booking.
- Bookings are only confirmed once a signed contract and deposit are received.
- Bookings are taken on a ‘first come, first served’ basis. If a signed contract and deposit are not received promptly, availability is not guaranteed.
- A booking confirmation will be sent to the Client once the contract and deposit are received. If no confirmation is received, it is the Client’s responsibility to follow up.
- By paying the deposit, the Client acknowledges and agrees to these Terms and Conditions in full.
3. Cancellations and Refund
- The deposit is non-refundable.
- If the Client cancels the booking within 14 days a refund of the deposit will be issued.
- If the Photographer cancels due to unforeseen circumstances, a full refund will be provided, or a suitable replacement will be arranged.
- If cancellation is due to force majeure (e.g., government restrictions, natural disasters), an alternative date will be arranged where possible.
- Cancellations made with at least six months’ notice will require 50% of the total contract price to be paid. Cancellations made within six months of the event date require full payment.
4. Rescheduling
- Clients may reschedule their event subject to availability and at the Photographer’s discretion.
- A rescheduling fee may apply depending on the notice period given.
- If rescheduling due to force majeure, efforts will be made to accommodate a new date without additional charges.
- If the Photographer is unable to accommodate a rescheduled date, no liability is assumed, and there will be no refund of payments made.
5. Photography Services
- The Photographer will provide professional photography services as agreed upon in the contract.
- Specific shots and styles may be requested but are not guaranteed due to the nature of events.
- The Photographer retains the right to use artistic judgment for lighting, poses, and composition.
- The Photographer is not responsible for obstructed shots due to environmental conditions or guest interference.
- If weather conditions prevent outdoor photography, the Client agrees to provide an indoor alternative for capturing images.
- The Photographer reserves the right to discontinue service immediately and without refund if subjected to violence, sexism, inappropriate sexual behavior, or extreme bad language.
6. Copyright and Usage
- In accordance with the Copyright, Designs and Patents Act 1988, the Photographer retains full copyright of all images.
- The Client is granted personal usage rights but may not alter, edit, or sell the images without prior permission.
- The Photographer reserves the right to use images for portfolio, marketing, and promotional purposes unless otherwise agreed upon in writing.
- Clients may not submit images to competitions or publications without the Photographer’s consent.
- Digital files remain the property of the Photographer, and the Client is granted a license for personal use only, with no commercial or financial gain permitted.
- Consent for image usage is automatically revoked if the Client misuses the images in a way that brings harm, embarrassment, or disrepute to the Photographer.
7. Image Delivery and Editing
- Edited images will be delivered within 20 weeks after the event.
- Additional editing requests beyond standard corrections may incur extra charges.
- RAW files remain the property of the Photographer and will not be released to the Client.
- The Photographer will provide a balanced colour correction, but exact colour matching cannot be guaranteed due to varying materials and lighting conditions.
- Some colours and materials may not reproduce exactly in photographs due to lighting conditions and digital limitations.
- The Client is responsible for downloading and backing up all delivered images as digital media has a limited lifespan. The Photographer is not obligated to store copies once they have been delivered.
8. Venue and Permits
- The Client is responsible for obtaining any necessary permits or permissions for photography at the event location.
- The Photographer will not be held liable for denied access to a venue.
- Any venue-imposed restrictions on photography (e.g., flash usage) must be communicated in advance.
- The Photographer cannot be held responsible for limited coverage due to restrictions imposed by venue staff, officiants, or other authorities.
9. Liability and Force Majeure
- The Photographer will take all reasonable care but is not liable for unforeseen circumstances, equipment failure, or force majeure events (e.g., natural disasters, accidents, or illness).
- In case of an emergency, a backup photographer will be arranged where possible.
- The Photographer maintains Public Liability Insurance in accordance with UK industry standards.
- The Photographer is not responsible for loss of images due to equipment failure or data corruption, but all reasonable backup measures will be taken.
- If digital files are lost, stolen, or destroyed due to reasons beyond the Photographer’s control, liability is limited to a refund of payments received or a partial refund based on the proportion of lost images.
- The Photographer is not liable for indirect or consequential losses related to the loss of images.
10. Medical and Safety Issues
- The Photographer will not be responsible for any medical issues arising from the photography session.
- Clients must inform the Photographer of any health conditions that may be affected by the use of flashing lights or physical activity.
- The Photographer is not liable for injuries sustained during poses or movements requested by the Client.
11. Model Release and GDPR Compliance
- By booking our services, the Client grants permission for Capture Dreams Photography to use images for promotional purposes unless stated otherwise in writing.
- In compliance with the UK General Data Protection Regulation (GDPR), all personal data provided by the Client will be stored securely and used only for service provision and communication purposes.
- Clients may request the deletion of their personal data in accordance with GDPR guidelines.
- Personal information will be securely stored and deleted within 12 months of completing the contract.
12. Client Responsibilities
- The Client must provide an event timeline and list of required shots in advance.
- The Client is responsible for ensuring cooperation from guests for posed shots.
- The Photographer is not responsible for missing key moments due to lack of communication or cooperation from the Client or guests.
13. Meals and Breaks
- For events lasting over 4 hours, the Client must provide a meal and refreshments for the Photographer.
- If no meal is provided, prior notice is required to make alternative arrangements.
- The Photographer is entitled to short breaks during extended coverage.
14. Complaints and Dispute Resolution
- Any complaints must be submitted in writing within 28 days of receiving the final images.
- Disputes will be resolved amicably where possible; otherwise, they will be subject to the jurisdiction of the courts of England and Wales.
15. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
By booking with Capture Dreams Photography, you acknowledge and agree to these Terms and Conditions.
For any questions, please contact us at Dreams@CaptureDreams.co.uk