Terms & Conditions
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Please Read the relevant sections carefully. These T&C's will always be attached to any relating emails. I also assert my right to change these at any time I see fit, but not during the execution of a commitment. Thank you.
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Mike Danby and the Bride & Groom. It replaces any prior agreements that may have been made.
2. CONFIRMATION: A signed wedding contract and booking fee are necessary to confirm the stated wedding services from Mike Danby Photography.
3. BOOKING FEE: The booking fee is due on signing this agreement, with the balance due on or before the dates specified on the agreement. Dates are reserved ONLY when the deposit is paid.
4. BALANCE OF PAYMENTS: The 2nd payment is to be made not later than 28 (twenty-eight) days (4 weeks) prior to the wedding day, with the delivery payment being made upon delivery and acceptance of the images, delivery payment will also have any additional expenses added to it if applicable, see section 19. TRAVEL.
5. PAYMENT FOR PHOTOBOOK ALBUMS & OTHER PRODUCTS: Albums ordered at the time of making a booking as part of a package are paid as per the Wedding package. Albums ordered after the booking is made, Payment is to be made in FULL at the time of ordering with a completed order form. Orders for albums maybe placed after receiving the photo USB.
6. METHOD OF PAYMENTS: Payment for Wedding Packages & Photobook Albums may be made by Internet Bank Transfer, Cheque or Cash. Details for Internet Transfer available on request, Cheques are to be made payable to - Mike Danby Photography.
7. SUSTENANCE: The Bride & Groom agree to provide a meal and a drink for the photographer where the length of attendance exceeds five hours.
8. PRE-WEDDING CONSULTATION: This normally happens at the time of booking. The Bride & Groom will outline broadly what is required and Mike Danby will advise on planning, logistics and timings where needed. If required. The Bride & Groom are welcome and encouraged to make contact for an additional chat closer to the time of the wedding to iron out the remaining details. In any case we will contact you by phone or email a few days before the wedding to ensure that there have been no last minute changes.
9. COOPERATION: The Bride & Groom and Mike Danby consent to cheerfully cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the wedding photographer is provided with a helper (usually the best man or usher) who will point out key individuals to be photographed. The photographer may also require the assistance of the best man in organising family and other requested groups. The Bride & Groom also agree to give the photographer sufficient warning of key events at the wedding to give the photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at wedding like having their photo taken. In such cases the wedding photographer will use his discretion but cannot be held responsible for a lack of photos of these people.
10. THE SCHEDULE: Our shooting schedule, style of working and experience are designed to achieve the best set of wedding photos for the Bride & Groom, accomplished with good humour and enjoyed by all concerned. Both the Bride & Groom and Mike Danby therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases were the wedding does not run on time (for example, extreme lateness by the bride arriving to the venue) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate.
11. EXCLUSIVITY: Mike Danby will be the sole professional (still) photographer at the venues specified. I do however positively encourage family, friends, and other guests to take photographs throughout the day.
12. PAPARAZZI WEDDING GUESTS: A lot of your guests will have digital cameras / camera phones, and they will want to photograph the Bride & Groom. In the spirit of cheerful cooperation the Bride & Groom agree to give the photographer precedence over their guests in order to take the photographs required for the wedding services described above. While encouraging photography by attendees, we cannot be held liable for a lack of wedding photos if the photographers work has been continually interrupted by guests taking their own photos of the Bride & Groom.
13. HOUSE RULES: The photographer is sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the photographer shoot from a specific location. In such circumstances the Bride & Groom agree to accept the technical limitations that may be imposed on the equipment used. I advise the Bride & Groom to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.
14. COPYRIGHT LAW: The 1998 Copyright, Designs, and Patents Act assigns copyright © to Mike Danby Photography. Permission is granted for personal and private use as an informational resource only, for viewing, use with digital photo frames, and computer backgrounds. Permission is also granted to produce prints of the digital images for personal and private use as an informational resource only. These permissions are granted to the Bride & Groom and their relatives only. Any other use of the digital images, including - reproduction for purposes other than those noted above, modification, distribution, republication, transmission, re-transmission, modification, or public showing - is strictly prohibited. The selling of the wedding photos for profit for the Bride & Groom, their friends and relatives is also strictly forbidden.
15. DATA PROTECTION: Your confidentiality and the protection of your data is my priority. A certain amount of your personal data will be required in order to fulfil the contract, you will see all documents where it’s used, and you will receive PDF copies of all documents with your photos. The data gathered will only ever be used in relation to your wedding. Your data will be handled and processed in accordance with my Photography Privacy & Data Protection Policy. A copy of which is available on my website and you will receive a copy with your Wedding Contract.
16. MODEL RELEASE: The Bride & Groom grant Mike Danby Photography and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Bride & Groom for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Bride & Groom hereby releases Mike Danby Photography and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
17. FORCE MAJEURE & LIMIT OF LIABILITY: In the unlikely event of total photographic failure, or If the photographer is too ill or becomes injured and cannot supply the wedding services specified above, beyond Mike Danby’s control, his liability shall be limited to a full refund of ALL monies paid. Your statutory rights are not affected. In the unlikely event and possibility that images may be lost, stolen or destroyed for reasons beyond the control of Mike Danby Photography. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of original images supplied. Mike Danby Photography has full Public Liability, and Professional Indemnity Insurance. The clients are also encouraged to take out Wedding Insurance to cover any unforeseen eventualities.
18. CANCELLATION & POSTPONEMENT: In the event of the Bride & Groom cancelling the wedding for whatever reason, the booking fee is non-refundable. It will be considered as liquidated damages to Mike Danby Photography. In the event of the full payment being received on booking, only the amount equivalent to the normal booking fee is non-refundable. Should the cancelled wedding turn out to be a postponement, then, subject to Mike Danby’s availability, all money paid maybe applied to the new wedding. In this case, the total fees chargeable shall be the fee which applies at that time of re-arrangement.
19. TRAVEL: The Bride & Groom is responsible for all travel, accommodation, meal and transport costs unless provided by The Bride & Groom. Travel is included in the Wedding Packages, travel between wedding venues will also be included, this also includes any pre-site and consultation visits if the wedding is within a 15 mile radius from Newport East Yorkshire, above this distance, travel is charged at 45p per mile. Any distances beyond 125 miles radius, accommodation costs will be due. In addition The Bride & Groom will also be responsible for any travel costs that include such things as:- The London congestion charge, parking fees and toll charges. Any such charges will be added to the final Delivery Payment.
20. DELIVERY OF PRODUCTS: Speed of Delivery of your products depends on what choices you make. Your Photos will normally be ready to view in your online gallery within 14 (fourteen) days of the wedding, enabling you to make a request for further removals and to start your selection of 60 images if that is your album selection. When you are happy, your Photo USB is normally ready within 14 (fourteen) days after this, at which point arrangements for delivery are made. Photobook Albums are normally ready 28 (twenty-eight) days after the placing of the order or submitting your image selection or after the USB if ordered before the wedding. In the event of the Photobook Albums being ordered before the wedding the USB will be delivered at the same time as the Photobook Albums.
21. REJECT PHOTOGRAPHS: Any photographs such as duplicates or of insufficient quality that the photographer deems to be rejects, are NOT the property of, will NOT be shown to, nor given to the Bride & Groom, nor otherwise used in anyway by the photographer. The photographs deemed as reject will be deleted once the USB has been produced.
22. APPLICABLE LAW: This agreement shall be governed by the laws of England & Wales.
23. VARIATION: These Terms & Conditions shall not be varied except by agreement in writing.
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1. DEFINITIONS: For the purposes of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT: The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS: Title to all the Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days after completion of the Licensed Use. Loss of supplied Photographs will incur a £500 compensation fee.
4. USE: The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the Licence to Use and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms & conditions.
5. EXCLUSIVITY: The Agent and Advertiser will be authorised to publish the photographs to the exclusion of all other persons including the Photographer, in the areas as indicated on the Licence to Use. However, the photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work, after the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY: The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of taking or providing the Photographs, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
7. INDEMNITY: The Photographer agrees to indemnify the Agent and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The photographer shall only be responsible for obtaining such clearances if it has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT: Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
9. DEFAULT: In the event of non-payment or other breach of this Agreement by the Agency, the Agency shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable legal fees.
10. EXPENSES: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agent or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses of fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown on the Commission Estimate as having been agreed or estimated.
11. REJECTION: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
12. CANCELLATION & POSTPONEMENT: A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
13. RIGHT TO A CREDIT: If the box on The Estimate and The Licence marked “Right to a Credit” has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box The Photographer also asserts his/her statutory right to be identified in the circumstance set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
14. ELECTRONIC STORAGE: Save for the purposes of reproduction for the Licensed Use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
15. FORCE MAJEURE CLAUSE: Neither Party shall be liable for any failure to perform its obligations or have the right to terminate this Agreement except where such failure is as a result of, but not limited to, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure), and no other Party will have a right to terminate this Agreement under such circumstances.
The Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
16. APPLICABLE LAW: This agreement shall be governed by the laws of England & Wales
17. VARIATION: These Terms & Conditions shall not be varied except by agreement in writing.
1. DEFINITIONS:
a) All Photographs are supplied by Mike Danby hereinafter called "the Licensor" and shall be accepted for use by the Client on and subject to the Terms and Conditions set out herein.
b) For the purposes of this agreement "The Licensor" and "The Client" shall, where the context so admits (and subject to the prohibition against assignment by the Client in condition 4 d) , include their respective assignees and successors in title. “Photographs” means all photographic material furnished by the photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
c) "Licensed Use" in relation to any of the Photographs means reproduction by the Client of that Photograph in accordance with the licence granted to the Client under condition 4 b) or any further licence granted under condition 4 c) . "Single Use" in relation to any of the Photographs means the reproduction of that Photograph in a work produced or published by the Client but only in one such work and (where there are two or more editions, issues or print-runs of such work) only in the first such edition, issue or print-run.
d) "The Fee" means the payment the Licensor is to receive from the Client for the Licensed Use of the Photographs under condition 4 b) as determined by the Licensor's pricing schedule in force at the time they are ordered by the Client.
2. COPYRIGHT: The entire copyright of the Photographs is retained by the Licensor at all times throughout the world.
3. OWNERSHIP OF MATERIALS: Title to all the Photographs remains the property of the Licensor. When the Licence to Use the material has expired the Photographs must be returned to the Licensor in good condition within 30 days after completion of the Licensed Use. Loss of supplied Photographs will incur a £500 compensation fee.
4. USE:
a) The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.
b) In consideration of the payment by the Client of the Fee the Licensor hereby grants to the Client a non-exclusive Licence to Use for Single Use of the Photographs at any time within one year after the date of their delivery or transmission to the Client by the Licensor.
c) Licence to make further use of the Photographs or to use them after the expiration of the period stated in condition 4 b) will normally be granted but only upon a non-exclusive basis and on such terms and upon payment of such further fee as may be stipulated in writing by the Licensor.
d) The Client shall not sell, hire out or otherwise dispose of or part with possession of the Photographs or assign or sub-license the agreement constituted by these Terms and Conditions or the licences granted under it.
e) The Client shall take all reasonable precautions to prevent any third party from acquiring possession of the Photographs or any interest in them or reproducing or otherwise using them in any way and, except to the extent that they are inconsistent with or modified by those terms, these Terms and Conditions shall continue to apply to the Photographs and to their further use under any such licence.
f) The Client shall not use the Photographs for any form of pornography or in a defamatory or illegal manner or adapt them in any way, otherwise than by cropping or sizing, and the Client shall indemnify the Licensor and hold him harmless in respect of all claims of whatsoever nature which may arise out of any breach by the Client of the terms of this provision.
5. CLIENT CONFIDENTIALITY: The Licensor will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence by the Client for the purposes of taking or providing the Photographs, save as may be reasonably necessary to enable the Licensor to carry out his/her obligations in relation to the commission.
6. INDEMNITY: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable legal fees, arising from Client's use of Photographer's work. Client assumes insurer's liability a) to indemnify Photographer for all loss, damage, or misuse of any photographs: and b) to return all photographs prepaid, fully insured, and undamaged, by bonded messenger or overnight delivery service.
7. PAYMENT: Payment by the Client of the Fee in respect of the Photographs (and any further fees which may be required to be paid by the Client under these Terms and Conditions) shall be made within 30 days after the issue of the relevant invoice(s). If the invoice(s) is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
8. DEFAULT: In the event of non-payment or other breach of this Agreement by the Client, the Client shall pay all of Photographer's costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer's reasonable legal fees.
9. RIGHT TO A CREDIT: If the box on The Licence marked “Right to a Credit” has been ticked The Licensor asserts his/her statutory right to be identified in the circumstance set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof, as the author of such of the Photographs as are published or otherwise reproduced by the Client. Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s), in type no smaller than that of related text or fee is tripled; Client acknowledges that such a triple fee is fair and reasonable for photographer's loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
10. ELECTRONIC STORAGE: Save for the purposes of reproduction for the Licensed Use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. The Client will not make or permit any manipulation, alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalisation or synthesizing of the photographs or use of only a portion of the image, alone or with any other material, by use of computer or other electronic means or any other method or means now or hereafter known, without the permission of the Photographer.
11. NATURE OF RELATIONSHIP: The relationship constituted between the Licensor and the Client shall be that of licensor and licensee and neither party shall have authority to act as agent for the other or to commit the other to any obligation towards any third party.
12. INSOLVENCY: If the Client shall be adjudged bankrupt or (being a company) shall have a receiver, administrator or administrative receiver appointed in respect of the whole or any part of its property or assets or shall go into liquidation (other than a voluntary liquidation for the purpose of reconstruction or amalgamation) the licences hereunder shall thereupon terminate and the Client shall forthwith return the Photographs to the Licensor.
13. FORCE MAJEURE CLAUSE: Neither Party shall be liable for any failure to perform its obligations or have the right to terminate this Agreement except where such failure is as a result of, but not limited to, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure), and no other Party will have a right to terminate this Agreement under such circumstances.
The Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
14. APPLICABLE LAW: This agreement shall be governed by the laws of England & Wales
15. VARIATION: These Terms & Conditions shall not be varied except by agreement in writing.
1. These Terms & Conditions relate specifically to Sales of Photographic Prints.
2. The purpose of these Terms and Conditions is to clarify details of the products and services on offer, and to provide a framework for open and fair dealing.
3. In order to limit overheads, print sales are by Mail Order only, available through the Contact Me page. I am, however, happy to deal with enquiries by email.
4. If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image.
5. All sales are subject to receipt of payment with order, and is dealt with through the the Contact Me page.
6. In the case of orders from outside the UK, payment will be in UK Pounds.
7. Prices shown in our price lists, order forms etc are guide prices. While these are the prices which will normally apply, I reserve the right to change them without notice, or to adjust the prices of individual purchases in the light of any special circumstances or any additional work which may be necessary to meet the customer's specific requirements.
8. Where a special price is deemed necessary, I will not proceed with the order without prior agreement of the customer.
9. The appropriate level of Packaging/Shipping Charges to cover your required method of shipping to your address - UK surface mail, Airmail to Europe, the USA, and other areas are applied at the time of ordering through the Contact Me page.
10. Orders will normally be dispatched within seven days of receipt of payment.
11. Notification of damage to goods in transit must be sent to me within seven days of receipt, and damaged goods must also be returned to me promptly for examination. Claims for damage will not otherwise be accepted.
12. As colour matching is a largely subjective process, exact matching cannot be guaranteed. I will, however, do my best to ensure that colour toning of monochrome prints is to a consistent standard and that, in the case of colour images, colour balance is maintained within acceptable professional tolerances.
13. Unless otherwise stated, all photos are printed on acid free archival matt paper with archival inks and depending on how you mount, frame and look after them, have a life of 75 years and more. Keeping any photographic print behind glass and out of direct sunlight will dramatically increase its life span.
14. Prints are available in various sizes and formats. All Prints/Images are supplied without the copyright watermark.
15. My policy is one of continuous development and improvement. For this reason, and to allow for fluctuations in the supply or availability of materials, I reserve the right to vary the photographic materials – Print Paper and Inks used in connection with any photographic print. I guarantee that all materials used, if not precisely as advertised, will be of a quality at least equal to the advertised specification.
16. All of my images are copyright. Any purchase from myself of photographic prints, or reproductions of my images in any other form, specifically excludes any right to copy or reproduce those images for commercial or private use. Such exclusion applies also to copying or reproduction of images in digital or other electronic format. All infringements of copyright will be vigorously pursued.
17. Neither Party shall be liable for any failure to perform its obligations or have the right to terminate this Agreement except where such failure is as a result of, but not limited to, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure), and no other Party will have a right to terminate this Agreement under such circumstances The Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.
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