TERMS & CONDITIONS
This Agreement constitutes an order for wedding photography and cinematography as agreed by both parties: Tonydoo Visuals Photography and Films Company (“the Photographer”) and the Contracting Party (“the Client”). The following(s) are binding on the mutual agreement that the Photographer shall provide services and/or goods as specified and that the Client shall pay the amount due for the said services and/or goods on the due date set out on the booking form or when contacted.
By virtue of Section 39 of the Nigerian Copyright Act, the copyright in a photograph belongs to the person that took the picture, i.e. the photographer. The photographer is the owner of the pictures and as such, he possesses exclusive control over that picture. The Photographer (Tonydoo Visuals) assigns full Usage Rights/print rights to The Client for personal use (subject to condition. The Client may reproduce, copy and distribute the photographs.
Suppliers from the day can use images for their portfolio. The image must be credited to Tonydoo Visuals, and they must email Tonydoo Visuals to arrange usage rights for the images they wish to use, to be able to compile with GDPR – email@example.com
The client(s) hereby allow(s) the photographer – Tonydoo Visuals to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, social media, websites, blogs, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s).
3. LICENSES, COVERAGE AND REPRODUCTION
a) Photographs taken during the course of the event will be at the discretion of the photographer(s)
b) The photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
c) For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official before booking the date and engaging the photographer(s)
d) For a wedding or other event booking the photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
e) Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer and in some circumstances (such as the change of ceremony date for a wedding) the photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer are not liable to compensate the client(s) in any way whatsoever.
f) Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs. Please note that certain colours do not reproduce exactly in print.
g) It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It s also understood that prints made at different times or in different sizes may be variable in colour balance.
h) Due to the limitations of computer monitors it is understood that:
(1) images appear differently according to the specification of each monitor
(2) prints will not match images rendered on any particular computer monitor.
i) All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).
j) Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
k) Exclusivity. It is agreed that the Photographer(s) shall be the sole professional stills Photographer on the wedding day. Although the Photographer will actively encourage the use of cameras throughout the wedding it is agreed that the Photographer shall reserve the right to ask guests to refrain from taking photographs in the event that their activities are corrupting the official photography in any way.
l) Images are not to be edited by anyone but Tonydoo Visuals, this includes Instagram filters or anything that might alter the look and style, or change integrity of the photography work, unless this has been otherwise organised with Tonydoo Visuals.
m) Creative License: The Photographer shall be granted creative and artistic licence in relation to the choice of locations and poses used. The Photographer’s judgment on photographic style and the number of photographs taken shall be deemed correct. Style and number of photographs are dependent on changes of the weather and the availability and willingness of subjects. The Photographer will endeavour to honour requested photographs but does not undertake to guarantee any specific photograph nor incorporate any specific background, location or group arrangement.
n) Project completion: Under normal circumstances it is expected that the final product will be completed within 4 weeks of the event date. This may vary due to equipment issues in the editing process, maintenance, heavy bookings or holiday periods. Under such extreme and unlikely circumstances this may be extended to a further 2 months at the discretion of the Photographer.
However, the Photographer will not be held responsible for delays that are a result of the client failing to submit relevant information, soundtracks, payments or any other component dependent upon the project being completed.
o) Requested Photos: While the Photographer will make every reasonable effort to take photos specifically requested by Client, Client understands that this is an uncontrolled event and that due to the uncertainties of the weather, available light, time restrictions, and willingness of subjects, the Photographer cannot possibly guarantee that ALL requested visuals will be taken.
a) All standard photographic services and optional extras specified in this contract and paid for in full before the wedding unless other arrangements are made, and are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding, are supplied at the prices ruling at the time of receipt of the order.
b) The client(s) will be liable to pay any additional expenses incurred by the photographer(s) not already included within the contract price. This includes for example access fees charged by some venues, and dispatch of prints, discs, albums, and other products to non-Nigerian addresses. Travel expenses (other then specified in the contract summary) need to be covered at full cost before the journey takes place.
a) A non-refundable retainer for the amount specified in your contract summary (paid by cash, cheque, credit / debit card or online bank transfer) along with a completed contract will confirm your booking. The retainer forms part of the total cost of your Package (i.e. it is NOT in addition to the cost of the plan) and is deducted when calculating the final balance due. The retainer secures the photographers services for the day and is non refundable in any event. The photographer will decline any other enquiries for the date upon receiving this fee. The booking fee is payable within 10 working days from the date of booking. After this time the reservation will be automatically removed and the date will become open for booking. Payment for any outstanding balance is due in full NO LATER THAN EIGHT WEEKS prior to the contracted date and is specified in your contract summary: You MUST allow sufficient time for cheque clearance. Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s)
b) All additional goods must be paid for in full on ordering unless other arranges have been made. This includes extra prints, albums, special editing and rendering of images, high-resolution digital files, high resolution long term galleries, and any other services ordered after the event.
c) Title to all goods remains with Tonydoo Visuals– Wedding Photography until paid for in full by the client(s).
d) All the payments should be made payable to ‘Tonydoo Visuals or Antonio Forbes Company’.
Any complaints must be received in writing within seven days of receipt of products purchased. This includes photographs, videos, USB, albums, frames and any other special services that have been agreed.
7. FORCE MAJEURE
a) The due performance of the contract is subject to alteration or cancellation by the photographer(s) owing to any cause beyond their reasonable control (e.g sudden illness/injury/ victim of crime, flooding).
b) The photographer(s) may contact other photographers in the event that they are not able to attend your booking due to clause 7a). However it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price.
c) In the event of cancellation by the photographer(s), or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) the photographer(s) will not be responsible for costs in order to stage re-shoots. The photographer(s) liability shall be limited to a full refund of any deposits and fees paid.
8. LIABILITY FOR DIGITAL FILES AND PRODUCTS
a) The digital files shall remain the property of the photographer(s) and shall be kept by them for not less than 8 months from the wedding date at one site.
b) Should digital files be lost, damaged or destroyed the photographer(s) liability shall be limited to a partial refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the photographer. No refund will be due for any digital files lost, damaged, or destroyed after 8 months from the date of the wedding.
9. CANCELLATION FEES, DATE AND PACKAGE CHANGES
a) If The Client(s) should have to cancel a booking, the retainer and any other fees already paid cannot be refunded.
b) The Client(s) may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
c) The Client(s) may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client(s) have to pay the difference between the amount already paid and new amount due. Any differences cannot be refunded when degrading the package.
d) The Photographer will not charge any extra for a reasonable overtime on the day.
10. PLACING AN ORDER AND RECEIPT OF GOODS
a) Any alterations to orders must be notified either by phone or email and confirmed in writing (sent by Nigerian Postal Service) within three working days of the order being placed. The photographer will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notification due to the unpredictable operation of message scanners. You MUST request and receive a confirmation by email if you choose to use this method.
b) The main wedding image print order may take up to eight weeks to complete. Allow 28 days for delivery of other orders. Where you choose to design your album through Tonydoo Visuals – Wedding Photography you will be notified of the estimated completion date on a case by case basis.
c) Tonydoo Visuals must be notified either by telephone or email and confirmed in writing (sent by Nigeria Postal Service) within 7 working days of the client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.
d) Due to the nature of the product the photographer are unable to give exchanges or refunds. This does not affect your statutory rights.
12. GOVERNING LAW
Any contract made between the photographer and the client(s) shall in all respects be governed by and construed in accordance with laws of Nigeria and the parties hereto submit to jurisdiction of the Nigerian courts.
The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
14. MEALS AND REFRESHMENTS
A meal/lunch is much appreciated please if working over 8 hours, often it is hard to be able to get a chance to get food and going off site is not always possible (this is not usually taken with your guests as the photographer has important duties to perform during this period). Where coverage includes up to mid-evening then a second light meal should be available. The photographer will take a short break and eat away from guests. Where coverage has been agreed to include a photographers assistant then the same conditions apply for this individual. NOTE: it is normal practice to provide meals for your other wedding vendors e.g. toastmaster, DJ, videographer, band, magician.
15. TIME FRAMES
a) USB with photographs : The Photographer will post the USB within 8 weeks after the client(s) has made the selection for the wedding book. It will be posted by a fast Delivery service, unless other arrangements have been made. The full set of photographs will be available to view on-line 8-12 weeks after the day.
b) Online Photo Albums: Will be available online within 28 days (usually 14-16 days) After the clients final book selection has been made. Bespoke Online Photo Albums will be available within 28 days After the clients final book selection has been made (unless otherwise arranged)
c) Printed Photo Albums: The client(s) may choose a selection (specified in the summary of contract) of photographs for the wedding book. The Photo book will be posted to the Client(s) by special delivery within 60 days after the photographer receive The Clients suggestions unless other arrangements have been made.
16. BY PAYING THE DEPOSIT YOU ARE SECURING THE DATE YOU HAVE REQUESTED AND AGREEING TO THE TERMS
Tonydoo Visuals Photography and Films Company