Terms & Conditions
for 2024 WEDDING PHOTOGRAPHY coverage
AGREEMENT
Upon payment of the Deposit and/or further payments including interim or balance payments for Services or Products, it is mutually agreed that these terms of agreement form an integral part of the Contract and that no variation or modification of this Contract shall be effective unless accepted by the 'Photographer' (E L Cooper ‘Lané’ of Lane & Grey) and the 'Couple' (Details below) in writing.
(Note that with Deposit payment received and no return of a signed contract or acknowledgment given in another form to the Photographer, it will be deemed as acceptance and agreement of the Contract in full by the Couple.)
1.1 Details - The Photographer
1.2 Details - The Couple
1.3 Wedding Day & Coverage Details
1.4 Payment Breakdown
2. DEFINITIONS
2.1 In the conditions of this Contract the 'Photographer' shall mean E L Cooper ‘Lané’ trading as Lane & Grey and any secondary/assistant photographers appointed by Lane & Grey where applicable. The 'Couple' shall be those whose names appear above (Section 1.2). This Contract is made as of [Current Date] (the 'Effective Date') between the Couple and Photographer, each a 'Party' and collectively the 'Parties'.
2.2 The Parties enter into this Contract where the Couple engaged the Photographer to provide certain Services and deliverables ('Products'), as outlined in this the Contract. Performance of Coverage is subject to the conditions below and which cannot be varied in any way by the Couple unless such conditions are expressly agreed by the Photographer in writing.
3. FEES, DEPOSIT AND PAYMENT
3.1 Fees. The Couple will pay the Photographer the fees set out in Section 1.4 ('Payment Breakdown'), including any applicable expenses or fees to the Photographer (outlined in Section 13.1c). Payment Breakdown is as follows:
· Package Fee
· Travel Expenses
· Extras Fee
· Total Fee for Services, separated into Deposit and Remaining Balance (see Sections 3.2 and 3.3)
3.2 Deposit. A Deposit is required at the time of booking and upon signing the Contract. The Wedding Date is reserved only once the Deposit is paid. Deposits are considered partially non-refundable (see Section 15.2, Cancellation below). Deposit amounts are as follows (accurate for 2024 Weddings);
· The Essentials and Short & Sweet packages £100,
· Classic package £225,
· Signature package £300.
3.3 Remaining Balance. Full payment is to be completed no later than 28 days prior to the Wedding Day on the Payment Due Date (Section 1.4). Please see Cancellation (Section 15.2) below for further details. Remaining Balance payments can be paid in one installment or broken down into increments if this is convenient to the Couple, as long as the Total/Full Balance is paid before the Due Date.
3.4 Payment Methods. The Couple will be sent a secure digital invoice, payable with most popular credit and debit cards or via PayPal. Alternatively, Bank Transfer is also accepted (account details available upon request).
3.5 Additional Costs/Expenses.
a. Postage. There will be no charge for delivering Products to a UK mainland destination, on the basis the charges are considered reasonable by the Photographer. Overseas postage will incur extra charges.
b. Travel. Additional travel to that included in a Package is calculated one way from AL7 3TJ to the location.
Total Milage - Included Milage = Additional Mileage.
Current Fuel Expense Rate x Additional Mileage = £ Fuel Expenses.
4. CREATIVE LICENSE/ARTISTIC RELEASE
4.1 Consistency. The Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and the Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
4.2 Style. The Couple acknowledges and agrees that:
· The Couple has reviewed the Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style.
· The Photographer will use their artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement of the Services; and
· Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Contract or request of any monies returned.
4.3 The Photographer shall endeavour to photograph all subject matter as requested by the Couple, but no responsibility will be taken by the Photographer should the subject matter not be available or willing at the time needed, or due to other factors such as available time and/or location of the subject matter or the Photographer.
4.4 Due to changes of weather, and the availability and willingness of subjects the Photographer will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
5. COOPERATION
5.1 Communication. The Couple and Photographer consent to cooperate and communicate with the other Party to achieve the best possible result within the understanding of the Contract.
a. It is recommended that the Photographer be provided with a point-of-contact who they can liaise with on the day should an issue arise. This will be requested via the Pre-Wedding Questionnaire.
b. The Photographer may also request the assistance of a helper in organizing formal group photos.
c. Any last minute changes to the Wedding Day Timeline/Schedule (Section 5.2 and 5.5) that occur or are made, the Couple must inform the Photographer as soon as possible. The Photographer cannot be held responsible for shots that are missed due to uninformed changes.
5.2 Information Exchange. The Couple agree to send the Photographer a copy of their 'Wedding Day Timeline' (or similar timing breakdown/plan) to aid in the coverage of events, a detailed Formal Group Photo List with names, and to complete the Pre-Wedding Questionnaire that will be emailed 4 to 6 weeks prior to the Wedding Day.
5.3 Discretion. The Couple’s and Guest enjoyment is a primary concern for Lane & Grey. To achieve this the Photographer aims to be as discreet as possible. Flash will be used sparingly and avoided as much as possible during the day. Flash will be used if needed from the Cake Cutting/First Dance. As a result of this, images taken at an inside or darker location may appear to show some grain when blown up to larger sizes.
5.4 Restrictions (Environmental, Travel and Venue Rules). The Photographer’s movements are sometimes restricted due to, including but not limited to, infrastructure, highways regulations, weather, private property, obstacles (fixed and mobile), security, local law enforcement, emergency services and instructions from the Officiant/Celebrant or Venue Manager. The area from which the Photographer is able to cover the Wedding Day may not be Photographer’s choice and therefore cannot accept responsibility for any obstructed view should this be the case. It is advised that the Couple make themselves aware of the rules of the venues concerned and if necessary, negotiate with the people concerned.
5.5 Formal Group Photos. The Photographer does not take an excessive amount of formal group shots, it is not in keeping with their style. The recommended absolute maximum being 10 groups or 25 minutes of time.
a. Photo List. The Photographer will work with the Couple to establish a list of formal group photographs. The list will be requested at the time of receiving the Pre-Wedding Questionnaire, help can be provided at the Pre-Wedding Planning Meeting if needed, and is due ten days prior to the Wedding Day. The Photographer will work to this list on the day. Should this list not be able to be fulfilled due to reasons beyond the Photographer's control, the Photographer will not be held responsible.
b. Guest Visibility and Availability. The Photographer will always encourage wedding guests to make every effort to be visible in formal group photos, however, cannot force individual members to ensure their visibility. Also, the Photographer will not accept responsibility should members of the wedding party or guests fail to be present during key shots. Not all guests like having their photo taken, in such cases the Photographer will use their discretion, but cannot be held responsible for a lack of photographs of these guests should they avoid the camera at all costs.
c. Please also refer to Clause 4.3 and 4.4, Creative License/Artistic Release for information regarding location, background and group arrangement/compliance.
5.6 Paparazzi Wedding Guests. Whilst it is encouraged for guests to take photographs throughout the day, Lane & Grey will not be held responsible should guests with cameras, mobile devices such as tablets or phones, selfie sticks, etc. impede or block partially or fully the Photographer. The Photographer cannot be held liable for a lack of images if their work is interrupted or stepped in front of.
5.7 Photographic Precedence. In the spirit of cooperation, the Couple agree to give the Photographer precedence in order to take the photographs required for the Services outlined in the Contract.
6. PHOTOGRAPHY
6.1 Image Quantity. There is no upper limit to the number of digital images supplied by the Photographer to the Couple. For the year 2023 on average 70 images per hour of coverage were included in Online Galleries. The number of images supplied typically never falls below 40 images per hour. Note, the number of photographs can be impacted by weather conditions, number of guests/attendees and the willingness of subjects.
6.2 Image Selection. All images that meet Lane & Grey’s high creative standards will be delivered to the Couples’ Online Gallery. Images not supplied as a result of failing to measure up to those standards are deleted from the systems at the point of selection and are not stored/archived. This includes, but is not limited to, out of focus images, accidental camera firings, images ruined by the camera flashes of others, interference of any kind by “non-official photographers” and images with other quality defects.
6.3 File Types. Digital Images will be supplied as a JPG file at a size and dots per inch format suitable for general personal use. RAW files are not provided under any circumstances.
6.4 Sneak Peeks. Shortly after the Wedding Day, the Couple will receive a small selection of images (‘Sneak Peeks'). Sneak Peeks typically consist of 10 to 20 images from across the day. Sneak Peeks are supplied via Online Gallery and will be received within 24 hours for bookings within 50 miles of AL7 3TJ, and within 48 hours for bookings further than 50 miles from AL7. In some cases Sneak Peeks for weddings in London postcodes (N, NW, W, SW, SE, E, WC & EC) though within 50 miles may not be available for 48 hours due to travel times typically being longer. Times are calculated from the end of coverage.
6.5 Editing and Retouching.
a. All images will be adjusted for exposure, brightness, contrast, sharpness, etc as necessary.
b. The Photographer does not cosmetically alter any images without prior request. If requested, the Photographer reserves the right to charge for retouching work such as blemish removal or adjustments to clothes, etc. Rates provided upon request.
c. The Photographer’s judgement regarding their corrections shall be deemed correct. Suggested amendments can be made by the Couple, but may not always be possible. There is no right to reject on the basis of style or composition.
d. Images delivered to the Couple will have all been edited in Lane & Grey’s signature style.
e. The Photographer cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is also acknowledged by the Couple that the Photographer’s warm, rich style is in part a result of their signature editing and therefore might not record the exact colour as seen by the typical human eye.
7. INFORMATION AND FILE SAFTEY AND STORAGE
7.1 Reading Media. Once received, the Couple agrees to check their digital images/files. Any problems encountered reading the media must be reported to Lane & Grey within four weeks of delivery. After this period, Lane & Grey will presume the Couple have managed to read the images and generate suitable backups and it will be deemed safe for the Photographer to archive the images, removing them from Lane & Grey’s ‘Active’ system.
7.2 Online Gallery. Photographs will be kept on Lane & Grey’s online server for a minimum of 12 months. It is the responsibility of The Couple to ensure the safekeeping and backup of their photographs once they have been presented to them. The Photographer has limited control over the management of these servers and systems, and cannot be held responsible for technical support issues which are outside of their control.
7.3 Gallery Privacy and Security. Digital Images will be delivered via Online Gallery with two level access – Guest Access and Client Access. Client Access gives the Couple complete control of the Online Gallery and allows for images to be hidden for those with Guest Access. Digital images can be downloaded for free by the Couple and family/friends they choose to share the gallery with. Lane & Grey will not supply passwords to anyone enquiring to access a Couples’ Gallery, as they cannot guarantee if they are a guest/family member, or if the Couple wish to share their Gallery, so will direct all enquiries to the Couple.
7.4 Personal Information. The Photographer will store Couples’ names and wedding details on a private internal database. These details will not be made available to companies or individuals outside of Lane & Grey unless necessary for product design/creation or delivery tracking. Please refer to Lane & Grey’s Privacy Notice.
8. PRODUCT DELIVERY
8.1 Image Delivery.
a. Edited digital images will be delivered no later than 12 weeks after the Wedding Day unless otherwise agreed. Average delivery times vary depending on whether the Wedding Date falls within Peak or Low Wedding Season – for the years 2022 and 2023 average delivery times were 9 weeks and 4 weeks respectively. Digital Images will be delivered via Online Gallery with two level access – Guest Access and Client Access (outlined in Section 7.3).
b. Starting 2024 Lane & Grey are trialing a Mobile App Gallery in addition to the traditional Online Gallery. The Couple will be asked to consent to or decline this extra in their Pre-Wedding Questionnaire. Feedback is encouraged, appreciated and welcomed privately to help Lane & Grey improve this experience and service, but as this is a trial and not included as part of the Services or Packages chosen by the Couple it cannot be used as a basis for Complaint.
8.2 Digital images are licensed for personal use only (please see, Sections 10 and 11).
8.3 Product Delivery. Following digital image/Gallery delivery, and confirmation no amendments are required, the USB and/or Keepsake Box/other products included in the Package or purchased as an Extra will be posted to The Couple. Note some Products require personalisation and take several weeks to create. Enquire for more information.
8.4 Product Postage. All items will be sent by recorded delivery wherever possible, however may take up to 10 days from date of dispatch.
8.5 Album Design Process. (Only applicable if purchasing an album as an additional 'Extra')
a. Selecting Images. Following Gallery delivery, the Couple will be asked to select a given number of their favourite images (number will depend on the Album purchased and number of pages it contains).
b. Design. The Photographer will design a draft Album around these images. To facilitate the necessary flexibility required in the Album design process, the Photographer cannot guarantee that all the selected images will be used, and similar/complementary alternatives may be suggested. This may be, but not limited to, presenting a black and white (b/w) image in colour, or vice versa, or altering the framing of an image.
c. Signing Off. Couple will be presented with a full work-up from which minor design changes can be made. This process can be repeated twice free of charge. Any further iterations of the design process will be chargeable at the advertised Album Alterations rate at the time of purchase.
9. PRE-WEDDING PORTRAIT SESSION
9.1 Planning. When included in a given package, or purchased as an Extra, the Photographer will liaise with the Couple to choose a suitable location and date for their session.
9.2 Travel. The Photographer reserves the right to charge travel expenses should the location be outside of what is considered reasonable travel from the Couples’ home or venue address. Any fees incurred including but not limited to entrance fees and photo permits are to be covered by the Couple.
9.3 Image Delivery. All images reaching Lane & Grey's high standard will be edited and delivered to the Couple - there is no upper limit. The Couple will receive their digital delivery of images from this session 2 - 4 weeks following the session.
10. OWNERSHIP OF WORK BY PHOTOGRAPHER
10.1 The 1998 Copyright, Designs, and Patents Act assigns copyright to The Photographer.
10.2 Freedom of Use by Owner. The Photographer retains the right to use all photographs in their Private Portfolio. The Couple hereby allows Lane & Grey to use images taken whilst undertaking the Photographic Services outlined for their Private Online Portfolio, which may be sent to prospective clients to view but it is not freely accessible to the public.
10.3 Right to Privacy. Lane & Grey would also like to use images for promotional purposes, including but not limited to public website portfolio, website advertising, social media, sample products etc. Lane & Grey respects the Couples’ right to choose how their images are displayed. Working in accordance with GDPR rules the Couple is required to complete a Consent Release informing Lane & Grey of where they consent for their images to be displayed and used by Lane & Grey for the purposes of advertising or otherwise promoting their work. For more information refer to Lane & Grey's Privacy Policy.
11. LIMITED LICENSE TO CLIENTS
11.1 The Couple may not alter or apply filters to the images covered under the Contract, or allow alterations to be made photographically, electronically, or by any other means, unless permission is given in writing by the Photographer.
11.2 The Couple may not sell or profit from the photographs taken under this contract.
11.3 License. A license is granted to/for the images provided in high resolution for personal use only, sharing with friends and relatives, and making prints for personal use. Should further use be required an additional license is required in agreement with the Photographer.
11.4 Images cannot be used for commercial use or gain by The Couple or by any Third Party without the express written permission of The Photographer.
12. EXCLUSIVITY
12.1 The Photographer shall be the sole professional (stills) photographer at the Wedding Day unless otherwise agreed prior to booking.
12.2 Exclusive Portraits. Lane & Grey request a short time away from guests with the Couple to take some exclusive portraits (usually during Golden Hour, or just before the Wedding Breakfast).
13. INDEMNITY AND LIMITATION OF LIABILITY.
13.1 Indemnification.
a. Couple agrees to indemnify, defend and hold harmless the Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Products the Photographer provides to the Couple.
b. Any direction issued by the Photographer to the Couple and/or their guests during the course of providing photographic services are deemed to be at the person's own risk. The Photographer will be held harmless for any and all injury whilst providing photographic services and immediately surrounding events.
c. The Couple shall be responsible for obtaining clearances in respect of third party copyright works, trademarks, designs or other intellectual property and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
13.2 Force Majeure. Neither party shall be held in breach of or liable under this Contract for any delay or non-performance of any provision of this Contract caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”). The time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Contract and any prepaid fees for Services not performed (other than the Deposit or monies for Personalised Products) shall be returned within 15 days of the date of termination of the Contract.
13.3 Failure to Deliver.
a. The Photographer shall not be held liable for delays in the delivery of such Products, or any Products undeliverable, due to technological malfunctions, service interruptions that are beyond the control of the Photographer (including as a result of delays in receipt of instructions from the Couple) and for Products that fails to meet the specifications set out in Section 1.3 due to the actions of the Client or attendees at the Wedding that are beyond the control of the Photographer (e.g. camera flashes, paparazzi wedding guests).
b. In respect of Services and Goods provided to the Couple electronically, the Photographer shall have no liability arising out of:
i) The colour accuracy of electronic digital data images downloaded or reproduced from digital files; the Couple shall be responsible for checking and approving of the quality of all digital data images/photographs provided by the Photographer prior to printing.
ii) Corruption, distortion, partial or total loss of electronic digital data images from digital files provided by the Photographer; the Couple recognises and understands that according to the current status of technological development, error-free use of hardware, software and other user interfaces cannot be guaranteed.
iii) Degeneration of stored electronic digital data image quality, partial loss of stored electronic digital data image quality or total loss of electronic digital data images stored on digital files.
13.4 Maximum Liability. Notwithstanding anything to the contrary, the Couple agrees that the Photographer’s maximum liability arising out of or related to the Services or the Products shall not exceed the total Fees payable under this Contract.
13.5 Insurance. Copies of the Photographer's Insurance Documents will be supplied as needed to Venues and/or Suppliers.
14. HARASSMENT POLICY
Ensuring the appropriate behaviour of all Guests and other persons on the Wedding Day covered by the Photographer shall be the responsibility of the Couple. In the event the Photographer experiences any inappropriate, threatening, hostile or offensive behaviour, or feels at risk to their person or equipment, either from a Guest, other persons attending, or from persons in the vicinity of the Wedding then the Photographer reserves the full right to end wedding coverage immediately and leave the Wedding, with the Couple being advised verbally at the time and a formal written statement within 48 hours. The Photographer shall be entitled to retain all monies paid and Couple agrees to not hold the Photographer responsible as a result of incomplete photographic coverage.
15. TERM AND TERMINATION
15.1 Term. This Contract will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Contract are paid in full; or (ii) the date where all final Products have been delivered (“Term”).
15.2 Cancellation.
a. If the Photographer has to terminate this Contract ('Cancellation') for reasons beyond their control, (death, injury, sickness, etc.), their liability shall be limited to a full refund of all monies paid. Services or Products already supplied or personalised will however be considered when calculating the refund.
b. Should the Couple have to make a Cancellation, and/or reschedule the Service ('Rescheduling') or forfeit their wedding photography coverage by not paying the balance due as agreed, as compensation for loss of income for the Photographer the following charges apply as presented in this contract at the time of the cancellation:
i) 28 days (4 weeks) before the wedding date or less 100%
ii) 29 – 126 days (4 – 18 weeks) before the wedding date 50%
iii) 126 – 182 days (18 – 26 weeks) before the wedding date Booking Deposit
iv) Pre wedding shoot completed Charged at current advertised Extras rate.
c. In the event of the Photographer taking another wedding booking for your cancelled or postponed date a refund of monies paid shall be made, with the following exception. A base rate Admin Fee of £50.00 is always applied and will be retained by The Photographer. Should monies be owed to the Photographer as a result of the cancellation the Couple will be notified and payment will be due within 14 days.
d. Should the cancelled wedding turn out to be a postponement, then, subject to the Photographers availability, all money paid may be applied to the new wedding date. In this case, the total fees chargeable shall be the Photographers rates at that time and will be due 28 days before the re-arranged wedding date. Should the new date not be advised to the Photographer in writing within 4 months of the original date, then the wedding will be considered a Cancellation and payments due in accordance with the cancellation charges above, taking the original booked wedding date as the reference date.
e. Please note that any alterations made to the booking by the Couple once details have been confirmed may only be made at the discretion of the Photographer and in some circumstances (such as the change of date) the Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the Photographer is not liable to compensate the Couple.
16. FEEDBACK PROCEDURE
Please address any feedback to the Photographer in writing (see Section 1.1 for address). In any instance Lane & Grey reserve the right to advise their insurers legal department of any formal complaint made against the Photographer, of which should the complaint outcome to be found in favour of the Photographer, any fees, expenses or recordable losses resulting from the complaint, (such as insurance excess payments), will be considered as liable to be paid by the Couple and reimbursed by the Couple to the Photographer in full within 14 days of the finding.
17. GENERAL
17.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
· Photographer’s Email: hello@laneandgrey.com
· Client’s Email: Detailed in Section 1.2
17.2 Survival. Section 7, 10, 11 and 13 will survive termination of this Contract.
17.3 Governing Law. This Contract will be governed by the laws of England.
17.4 Amendment. This Contract may only be amended, supplemented, or otherwise modified by written agreement signed by each of the Parties.
17.5 Entire Agreement. This Contract constitutes the entire agreement between the Parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.
17.6 Severability. If any provision of this Contract is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Contract and the remaining part of such provision and all other provisions will continue in full force and effect.
18. RIGHT TO CANCELLATION
Please note the Consumer’s Right to Cancel any Contract within 14 days of signing, providing that no personalised work or order has already been undertaken by Lane & Grey on behalf of the Couple.