Wedding Terms and Conditions
Please read the following Agreement carefully as it governs the legal relationship between Us.
We have each agreed that IBimagery will provide certain photographic services to You on the terms and subject to the conditions set out in this Agreement.
IT IS AGREED THAT:
In this Agreement the following words and expressions shall have the following meanings (unless inconsistent with the context):
"Agreement" means this agreement as amended or modified from time to time in accordance with the terms of this agreement.
"Deposit" means an advance payment of £150 or 15% of the Fee, whichever is greater.
"Event Date" means [ ].
"Event Information" means the ceremony to be held at [ ] at [ ] on the Event Date.
"Event of Force Majeure" means circumstances beyond the control of either of Us including, without limitation, acts of any governmental or other authority, storm, flood, lightening, earthquake, fire, explosion, riot, civil commotion, war, national emergency, epidemic, lockouts, labour disputes or strike.
"Fee" means [£ ].
"Services" means the package of photography services together with any other services agreed between Us to be undertaken by IBimagery.
"Special Requests" means any reasonable requests for services in addition to the package of Services We have agreed.
Clause headings are for ease of reference only and do not affect the construction or interpretation of this Agreement.
Where the context dictates, the singular includes the plural and vice versa and any gender includes the other.
COMMENCEMENT AND DURATION OF AGREEMENT
This Agreement comes into force on the date specified above and, subject to earlier termination under clause , shall continue in force until completion of the Services.
PROVISION OF THE SERVICES
IBimagery agrees to provide You with the Services. If You make any Special Requests, IBimagery will use reasonable endeavours to try to accommodate them. However IBimagery reserves the right in its absolute discretion not to accommodate any Special Requests. Please make any Special Requests as early as possible.
PAYMENT OF FEES
You must pay the Deposit to IBimagery before You sign this Agreement and in any event at least one month after you have made a provisional booking. After You have paid the Deposit and signed this Agreement, IBimagery will confirm the booking and send You an invoice for the Fee (less the Deposit already paid).
You must pay the remainder of the Fee within 30 days of the date of IBimagery’s invoice.
Unless otherwise agreed in writing, the Fee is:
exclusive of VAT which will be charged in addition at the applicable rate from time to time in force, but only if VAT is applicable; and
inclusive of all transportation, labour, materials and insurance costs.
You hereby acknowledge that any intellectual property rights (including, without limitation, those arising under the Copyright, Designs and Patents Act 1988, any trade marks, design rights and database rights and whether such rights are registered or unregistered) subsisting in any materials, whether stored electronically or otherwise, and which arise from the provision of the Services are the sole and exclusive property of IBimagery.
It is unlawful to copy or make publicly available any image created under this Agreement (whether in digital or printed form) without IBimagery’s written permission.
All negatives and digital files remain the property of IBimagery.
IBimagery may sell or display in its studio selected images arising from the Services as part of its portfolio, in competitions, advertising and/or exhibitions.
Isabel Benchetrit must be named as the author of any materials which arise from the provision of the Services.
The following provisions set out IBimagery’s entire liability to You (including any liability for the acts or omissions of its employees, agents and/or sub-contractors) in respect of any breach of this Agreement, any breach of statutory duty, any statement/advice made or not made, or tortious act or omission (including, but without limitation, negligence) or otherwise in relation to this Agreement.
IBimagery’s total liability in aggregate for any and all claims made against it by You in contract, breach of statutory duty, tort (including but without limitation negligence), misrepresentation or otherwise, is limited to the amount of the Fee.
IBimagery is not to be liable for any failure to adhere to or perform Special Requests or for any failure to perform the Services due to an Event of Force Majeure. In the unlikely event of a failure to perform the Services, IBimagery will take reasonable steps to resolve the issues. However, if IBimagery is unable to provide the Services at all, it will provide a full refund of the Fee (including the Deposit).
If IBimagery is in breach of any term of this Agreement, it is not responsible for losses that You suffer as a result, except those which are a reasonably foreseeable consequence of the breach.
Nothing in this Agreement shall operate to exclude or limit the liability of IBimagery:
for death or personal injury caused by IBimagery’s negligence; or
for any obligation implied by law which cannot lawfully be excluded or limited including if IBimagery has deliberately lied to You.
The provisions of this clause shall survive the termination or expiry (for whatever reason) of this Agreement.
cancellation of services
Cancellation of the Services must be by written notice in accordance with clause 11.
If IBimagery wishes to cancel the Services, any monies paid by You to IBimagery (including the Deposit) will be refunded.
If You wish to cancel the Services, You must pay the following cancellation fee (within 30 days of the date of the cancellation invoice) to IBimagery, which covers the loss of a potential booking:
Timing of receipt of written notice
More than 6 months prior to the Event Date..................................£0
Between 6 months and not less than
3 months prior to the Event Date ...................................................£250
Less than 3 months but more than 1 month prior
to the Event Date ............................................................................£350 (or outstanding Fee, whichever is the lower)
1 month prior to the Event Date and less.........The entire outstanding Fee
IBimagery will reimburse You to the extent that it takes other bookings on the Event Date which mitigate the lost fees caused by Your cancellation.
Without prejudice to any rights that have accrued under this Agreement or any of its rights or remedies, IBimagery may terminate this Agreement by written notice to You if:
You fail to pay any amount due under this Agreement on the due date for payment and You have still not paid within 7 days after being asked in writing to pay; or
any Event of Force Majeure prevents IBimagery from providing the Services.
governing law and jurisdiction
These terms and conditions are governed and interpreted in accordance with English law, and You consent to the non-exclusive jurisdiction of the English courts.
Notices under this Agreement may be served by recorded post only.
A notice is deemed to be served on the date when it is received by the person it is sent to.
If either of Us changes our address for notification purposes, then We agree to give the other written notice of the new address and the date from which We should use it.
A person who is not a party to this Agreement has no right (including, without limitation, under the Contracts (Rights of Third Parties) Act 1999) to enforce or rely on any term of this Agreement.
If any provision of this Agreement is found to be unenforceable, this will not affect the validity of any other provision. IBimagery may delay enforcing its rights under these terms and conditions without losing them. You agree that IBimagery may sub-contract the performance of any of its obligations or may assign this Agreement or any of its rights or obligations without giving you notice.
This Agreement represents the entire agreement and understanding between Us relating to the provision of wedding photography and related services and supersedes all prior agreements, arrangements and understandings between the parties relating thereto.
No variation or amendment of this Agreement or oral promise or commitment related to it are valid unless it is made in writing and signed by and on behalf of both of Us.
The only remedy available to either of Us for a breach by either of Us of this Agreement shall be for breach of contract under the terms of this Agreement.