Terms & Conditions *
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between McKINLEY-RODGERS Photography and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is agreed in writing by all the relevant parties.
2. INITIAL PAYMENT: Upon completion and sending the document, McKINLEY-RODGERS Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a booking fee of £450 is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The initial payment is to be paid at time of signing the contract. The initial payment is applied towards the contracted wedding photography package and will be deducted from the final balance due. THE CLIENT understands and agrees that the entire amount owed for the wedding photography package described in the contract is due four weeks prior to the wedding date.
2a. DESTINATION EXPENSES: In addition to the £450 booking fee to secure the date, travel expenses are required at the time of booking to allow McKinley-Rodgers to secure airline tickets and accommodation. For this reason, travel expenses of £350 (for weddings in Scotland) or £650 (for European destination weddings) is non-refundable, even if the date is changed or the wedding cancelled for any reason; including acts of God, fire, strike and/or extreme weather by THE CLIENT. The destination expenses is to be paid at time of signing the contract and is applied towards the contracted wedding photography package.
3. CANCELLATION: In the event that THE CLIENT cancels the contracted services for wedding photography outlined in this contract more than 6 months before the wedding ceremony takes place, the booking fee will be forfeited. If cancelled between 3-6 months of the proposed date, 50% of the outstanding balance will be due as compensation for loss of earnings; and if cancelled less than 3 months from the proposed wedding date, the full balance will be due as agreed upon the terms of payment above.
4. FORCE MAJEURE: The due performance of the contract is subject to alteration or cancellation by McKINLEY-RODGERS photography owing to any cause beyond their reasonable control, including but not limited to, sudden illness or death, total equipment failure, sudden illness, injury, victim of crime, fire, explosion, storm, and flood, other natural disaster or severely adverse weather conditions. McKINLEY-RODGERS may contact other photographers of equal skill and professionalism in the event that they are not able to attend your booking due to such events. However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price. In the event of cancellation by the McKINLEY-RODGERS, or in the unlikely event of total equipment failure, the McKINLEY-RODGERS’s liability shall be limited to a full refund of any booking fees and fees paid.
5. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s). THE CLIENT is also responsible for identifying any individual/s that do not desire to be photographed.
6. CREATIVE LICENCE: Due to the weather and availability of subjects, photographing any specific moment cannot be guaranteed. McKINLEY-RODGERS photography is granted creative and artistic licence to the photographs taken and their judgement on photgraphic style and number of images captured shall be deemed correct.
7. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. McKINLEY-RODGERS Photography is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to McKINLEY-RODGERS Photography.
8. HOUSE RULES: The photographer is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is THE CLIENT'S responsibility; McKINLEY-RODGERS Photography will offer technical recommendations only.
9. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: PERMISSION TO PRINT THE IMAGES FOR YOUR OWN USE (Non Commercial) IS AUTOMATICALLY INCLUDED IN ALL OF McKINLEY-RODGERS Photography’s wedding packages unless it is explicitly stated otherwise. THE CLIENT must obtain written permission from, and compensate McKINLEY-RODGERS Photography prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
10. REFRESHMENTS: THE CLIENT will provide McKINLEY-RODGERS Photography with access to a hot meal and soft drinks for coverage which exceeds 4 hours.
11. IMAGE RELEASE: THE CLIENT hereby assigns and grants McKINLEY-RODGERS Photography the right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for advertising and display on McKINLEY-RODGERS website and blog, internet promotion, photographic contests, or any other purpose thought proper by McKINLEY-RODGERS Photography .
12. COMPLETION SCHEDULE: Digital processing takes approximately 8-12 weeks. All of these time frames may be longer in busy periods (Months inclusive of June to September) .
13. PAYMENTS: THE CLIENT agrees that £450 initial payment is required at the time of contract acceptance and 100% of the remaining balance is due 4 weeks prior to the wedding date.
14. FINAL DELIVERY: McKINLEY-RODGERS Photography will ensure delivery of the prints and any additional material once printing is completed.
15. METHOD OF REMUNERATION: Payment may be made via online bank transfer.
16. RIGHT OF WITHDRAWAL: McKINLEY-RODGERS Photography's discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should McKINLEY-RODGERS Photography initiate the withdrawal, all fees will be returned, excluding initial payment as well as fair market value for all services/products already provided. In case of withdrawal, £100.00 an hour is charged for all photography services already provided.
17. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. McKINLEY-RODGERS Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. McKINLEY-RODGERS Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond McKINLEY-RODGERS Photography’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
18. NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, McKINLEY-RODGERS Photography cannot place an unconditional guarantee on the above. McKINLEY-RODGERS Photography will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause outside of McKINLEY-RODGERS Photography’s control.
19. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
20. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and McKINLEY-RODGERS Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.