Wedding Contract Terms & Conditions

The Terms & Conditions outlined below form part of your wedding contract. Your booking form includes the cost of your chosen wedding photography package as well as a weblink directing you to these Terms & Conditions. Couples are required to read these Terms & Conditions prior to returning their completed booking form. By returning your completed booking form and paying your booking fee to Anesta Broad Photography, you are agreeing to all the stated Terms & Conditions. Your contract begins as soon as your booking fee has been paid.

I have added these Terms & Conditions to my website to enable couples to view them prior to getting in touch too. I am happy to provide a PDF copy of these Terms & Conditions upon request.

These Terms & Conditions are supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014. They provide you with all the relevant information you need to know before entering into a contract with ‘Anesta Broad Photography’.

Consumer Information supplied in accordance with Schedule 2 & 3:

What type of contract is this?

This wedding photography contract is a ‘mixed’ contract which includes both ‘services’ and ‘goods’. The ‘services’ part includes but is not limited to the venue visit, engagement shoot, wedding photography coverage on your wedding day, and the processing and editing of files afterwards. The ‘goods’ refers to the digital download of engagement shoot photographs and/or wedding photographs and the USB drive that contains your wedding photographs and any album if these are included as part of your chosen wedding photography package.

Who is the contract with?

The wedding photography contract will be with Anesta Broad, trading as ‘Anesta Broad Photography’.

What’s the geographical address?

The address of ‘Anesta Broad Photography’ is: Osborne Road, Hornchurch, Essex, RM11 1EX, UK.

What’s the total price that I’ll be paying for my photography package?

The total price of your goods and services can be found on your personalised confirmation and booking form. This will be supplied as a PDF for you to check prior to making payment. There’s no need for a signature, as the contract starts when payment is made. Please note, there is no VAT on the prices charged, so the price shown is the price you will pay.

Are there any additional charges?

Should an album be included in the package, the price will include an album 10×10 inches in size and shall include 20 pages / 10 double page spreads which will typically hold approx 50-60 photographs of your choice. Should you want to upgrade your album to a larger size or to add more pages there will be an extra charge which is subject to the prevailing rates at the time the album is ordered. Due to the customers choice typically being made after the supply of wedding photographs, these charges cannot be reasonably calculated in advance, but up to date guidance is provided upon request.

When do I have to pay, and when do I get the photographs?

Payment:

The payment is divided in to a booking fee and a balance payment. The booking fee is due within 7 days of you receiving your booking confirmation. The balance is due one month before the wedding date. If the booking fee is not received with 7 days, your wedding date will be released and made available to other couples to book.

Services:

File processing and editing will commence following the wedding date and shall be completed within 8 weeks for weddings between October to May or within 12 weeks for peak season weddings in June to September. The photographs will be available to view in an online gallery once the editing is complete. A link will be sent to you via email.

The photographs provided in the online gallery are final.  On viewing your online gallery you (the Client) are responsible for pointing out any additional editing required before placing any product orders. We are unable to accept responsibility for issues with images that are noticed after products have been ordered unless it can be proven that they were not visible at the time of ordering.

No particular number of photographs will be guaranteed as every wedding, event and session is different.

For both civil and church weddings, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for shooting angles and any obstructed view.

The client understands that the photographer must follow all rules given to them by the person/s facilitating the wedding/event and are not held liable for failure to deliver should the photographer be told that they are not allowed to take photos during the ceremony or be fixed in one spot. It is the client’s responsibility to understand the rules ahead of time.

Editing and retouching:

Anesta Broad Photography provides your photographs as JPEG files. The original RAW files are not provided.

Photographs that do not meet the exact standards of Anesta Broad Photography are deleted in the first part of the editing process and are non-recoverable.

All images will be edited in a natural style and adjusted for exposure, contrast and sharpness. Photographs will be edited to provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially manmade fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye.

Whilst every effort is made to ensure images presented in online galleries are edited to the highest standards the Photographer makes no commitment to the extent by which images will be ‘fixed’.

If the Client feels retouching is necessary for their own satisfaction then there will be an additional charge for this and Anesta Broad Photography reserves the right to charge the Client for additional editing to cover time involved. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup/clothing, removal of objects from a scene, swapping a face from one image to another, environmental effects, reflections in glasses, teeth whitening, brightening of eyes, and bodily enhancements.

Delivery:

A USB drive containing the wedding photographs will be delivered via Royal Mail Special Delivery to a UK address supplied by the customer. 

Artistic input:

Anesta Broad Photography shall be entitled to use its judgment regarding the style and artistic input in the production of pictures. This includes but not limited to poses, props, and the number of images taken. Due to weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images of the Clients full expectations. In the event of uncooperative children at a wedding or session of any kind, for any reason, Anesta Broad Photography may not be able to capture any, or all the images the Client may have requested or expected. The Client is responsible for all children at all weddings, events and photography sessions.

When do I receive the album & USB?

Your USB will be posted after editing is complete and couples have viewed their online gallery. If you have an album included in your contract, the USB will be sent at the same time as this. The timescale for receiving your album will depend on how quickly you are able to choose your cover and photographs, and how busy I am when I receive your selection. I complete design work on a first come, first served basis so timescales will vary but I will advise of approximate timescales when I receive your image choices. The album production time is 20 working days from the time I place the order with my suppliers.

What if I have a complaint?

Complaint handling policy:

Any complaints should be made via email. Anesta Broad is a member of the Guild of Photographers, and as such abides by their strict code of conduct. Complaints will be responded to within 7 working days.

Consumers are also free to contact the Guild if they would like to discuss a complaint about Anesta Broad Photography, but I request consumers contact me in the first instance so that I can resolve any issues satisfactorily.

Do I have a right to cancel this contract?

Right to cancel; conditions, time limit and procedures in accordance with regulations 27-38. The consumer has a right to cancel at any time during the 14 day cancellation period without giving any reason, and without incurring any liability. A cancellation form is included in this pack, although any written form of cancellation is accepted including email or text. 30(1) The cancellation period ends at the end of 14 days after the day on which the contract is entered into.

If I cancel after 14 days, how much will I need to pay?

If the consumer exercises their right to cancel after having made a request in accordance with regulation 36(1) which stipulate the request must be in writing, the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4).

Cancellation costs for cancellation requests received after the 14 day period are as follows:

14 days after booking and more than 1 year before the wedding date: £400 (booking fee)

14 days after booking and more than 6 months before the wedding date: £400 + 25% of balance

14 days after booking and less than 6 months before the wedding date: £400 + 50% of balance

At what stage would I not be able to cancel?

The circumstances (under regulation 28) in which there is no right to cancel: ‘The consumer ceases to have the right to cancel a service contract under regulation 29(1) if the services has been fully performed, and performance of the service began (b) with the acknowledgement that the consumer would lose that right once the contract had been fully performed by the trader.

The USB is the ‘goods’ part of this contract. In accordance with 28(b) of the regulations, as the nature of the wedding photographs are ‘made to the consumers specification or are clearly personalised’ the USB is exempt from the consumers right to cancel.

What is the legal duty of Anesta Broad Photography in this contract?

The service provided will be as advertised, and should Anesta Broad Photography be unable to provide this service due to unforeseen circumstances including but not limited to injury or sickness, Anesta Broad Photography is responsible for providing an equivalent service with an alternative photographer of an equivalent standard. The photographs supplied will be of a quality and style that is shown on my website.

Whilst Anesta Broad Photography will endeavour to fulfil the consumers’ requirements, Anesta Broad Photography cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

For events involving a church ceremony or at certain other venues, the Photographer’s movements are sometimes restricted by the minister of official in charge. Photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. Anesta Broad Photography cannot accept responsibility for limited coverage in such circumstances.

The due performance of Anesta Broad Photography to fulfil this contract is subject to alteration or cancellation as a result of a Force Majeure Event. A Force Majeure Event means an event beyond the control of Anesta Broad Photography, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable. This includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, pandemic, epidemic, civil disturbance, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services and any of the Parties fail to attend.

Is there after-sale customer service?

I offer an after sales service available after the USB drive has been delivered should the consumer require any help, support or advice with using the photos or arranging their own prints or other products with the photographs. There is no end date to this service, however it may be limited in peak season months of June to September. Consumers are advised to contact me midweek should they require after sales service.

Does Anesta Broad Photography abide by a code of conduct?

Anesta Broad Photography abides by the strict codes of conduct of the Guild of Photographers which can be found on their website.

Is there a deposit to pay?

The booking fee is £400. The contract starts when this fee is paid by the consumer. This booking fee is not refundable after the 14 days cancellation period has expired.

Are there any technical protection measures? (Copyright):

The copyright of the images remains with ‘Anesta Broad Photography’ as per the ‘copyright, designs and patents act 1988’. A licence is granted within this contract which allows pictures to be reproduced by the consumer for personal use. Pictures should not be supplied to media or commercial businesses. Should a media or commercial business want to use the photos, please ask them to contact me directly. The quality of my photographs is really important to me so I like to supply correct size files if they are being used on other suppliers websites. Any commercial business that use the images without express permission from myself may be liable to a fine.

Do I need any special hardware or software to view the photos?

The wedding photographs will be supplied in JPEG format on a USB drive. The consumer will require a computer with a USB port to view the photographs. Two sets of photographs will be supplied. There will be a set labelled "Print Ready" which will typically be 4500 pixels on the longest edge, ideal for printing. The second set will be labelled "Social Media" which will typically be 1000 pixels on the longest edge. The social media set are watermarked and sized for use on social media sites such as Instagram and Facebook. The consumer will not require any specialist software as the photographs can be viewed within standard Windows or Apple software that is supplied with their computer.

Wedding Albums

Wedding albums are mostly designed in the quieter season between October – March. I cannot guarantee that album design service will be available during June, July, August & September. Albums designs will be uploaded to an online gallery for checking, and couples are welcome to suggest changes and alterations at this stage.

As wedding albums are bespoke, handmade products that are individually commissioned for each couple they are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’, with that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to you. The albums I supply have a lifetime warranty, so should any defect or fault appear at a later date, the album can be returned to me to be assessed and if possible repaired.

Album design is a collaborative process involving input from couples in choosing and sharing album photos with me and advising of preferences with design and customisation. The time involved in designing wedding albums can vary considerably depending on the features of your design. If your album design will feature lots of personalised elements, the process will be longer and require more input from you.

There may be software and printing limitations that will affect what changes are possible and should these affect you, I will advise of this during the design process.

In the unlikely event that I’m unable to design your album to your preferences, my liability will be limited to a refund of the album cost, which will be shown separately on your contract.

Wedding Album Storage

Wedding albums are temperature and humidity sensitive and should be stored at room temperature and not in a loft or out building. Warping of the pages can occur if they are stored below room temperature or in humid conditions. Page warping is not covered by the warranty, but if this does happen, pages should return to normal within a couple of weeks of correct storage. Wedding albums should be stored flat to protect the spine, unless advised otherwise.

Right to Cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day the contracts starts, which is the day the booking fee is received. To exercise the right to cancel, you must inform us (Anesta Broad Photography, Osborne Road, Hornchurch, Essex, RM11 1EX, UK) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email). You may use the attached model cancellation form below, but it's not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract within 14 days of the issue date, we will reimburse to you all payments received from you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Postponement or rescheduling your wedding date

If you need to reschedule your event due to exceptional circumstances, your booking will be transferred to your new date as long is it falls within 12 months of the original date, and Anesta Broad Photography is available. If Anesta personally is not available then an Associate photographer will cover your wedding day. In the event of your wedding being rescheduled, 50% of your balance will be due for payment on your original balance date and the remaining 50% will be due a month before your rescheduled date.

If Anesta Broad Photography is not available and you do not wish for one of our Associate photographers to cover your wedding day, or the date falls outside of 12 months, then our normal cancellation policy and fees apply.

Model cancellation form

To:

Anesta Broad Photography, Osborne Road, Hornchurch, Essex, RM11 1EX, UK, with email address anesta@anestabroadphotography.co.uk and mobile number: 07816846889.

I/We hereby give notice that I/We cancel my/our contract for the supply of the wedding photography service that I/we ordered on:

Full Name of Customer:

Full Address of Customer:

Signature of Customer: (only if this form is notified on paper)

Date: