1) This contract is formed between yourself (referred to in the Terms & Conditions as “the customer”) and Cj Swaby (referred to in the Terms & Conditions as "Cj Swaby Photography") Cj Swaby Photography, once the Booking Fee (min deposit of 50%) has been received. The Product or Service shall mean any product or service that is provided by Cj Swaby Photography to the Customer. These conditions do not affect your statutory rights.
2) Supply. Cj Swaby Photography agrees to supply the product(s) or service(s) to the Customer as detailed in the Proposal/Order and according to the terms and conditions of this contract.
3) Rights Reserved. Should Cj Swaby Photography choose not to enforce any or all of these conditions. It should not be interpreted as a waiver of any of the Company’s rights. By Cj Swaby Photography with an Order, the Customer accepts these terms and conditions.
4) Payment. Cj Swaby Photography shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. Ownership of the goods or services shall remain with Cj Swaby Photography until full payment has been received, unless otherwise stipulated in the Order.
5) Health & Safety. Cj Swaby Photography & the Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s). Cj Swaby Photography Reserves the right to not carry out agreed work where working conditions could potentially put Cj Swaby Photography staff and/or equipment in danger. This includes adverse weather conditions such as rain, snow and heavy winds. In these circumstance Cj Swaby Photography accepts no responsibility whatsoever and liability shall be limited to the total invoice value if monies have been paid in full only – or deposit monies already paid by the Customer will be funded in full.
6) Creative Brief. Unless otherwise agreed, the Customer accepts Cj Swaby Photography decisions on creativity within the product(s) or service(s) unless specific creative requests have been agreed prior to the shoot and edit. The fee will include up to 3 minor changes or up to 1 hour’s worth of amendments complementary (Which ever is greater) Any amendments outside of this will be chargeable at £35 per hour and payment must be received in full before the final edit can be delivered unwatermarked. Any mistakes/errors made on the part of Cj Swaby Photography will be exempt and not counted towards the complementary amendment clause.
7) Booking Fee/Cancellations. Monies paid by the Customer to reserve the service(s) of Cj Swaby Photography will be accepted as a Booking Fee to reserve the shoot day. This is 50% of the agreed fee which is deducted from the overall total. If the customer cancels the shoot the 50% booking fee is non-refundable. The shoot can be rescheduled without losing the deposit providing there is 7 working days notice given in writing. Where any costs have been incurred due to cancellation, studio or equipment hire fees etc, these will be passed on to the customer, regardless of amount of notice given.
8) Liability. Cj Swaby Photography accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of Cj Swaby Photography being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9) Copyright. Unless otherwise stated in the Order, Cj Swaby Photography retains copyright in all the Original Materials. The Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Order. This also includes RAW video files from shoot days. However for non-commercial clients, copyright ownership can be purchased for a fee of £250, for commerical clients the buy out fee is calculated on a client by client basis. Cj Swaby Photography retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. Music supplied by the customer to Cj Swaby Photography for use in their production must be original and legitimately owned, Cj Swaby Photography accepts no responsibility for any breach in copyright for customer-supplied music. The Customer agrees to indemnify Cj Swaby Photography in the event of any breach of copyright claims being brought against them in respect of material supplied by the Customer.
10) Data Protection. The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of Cj Swaby Photography supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection. Cj Swaby Photography reserves the right to use extracts from the finished production for publicity purposes on the Cj Swaby Photography website, third party websites associated with weddings, any social media and sample DVDs. The client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded. 11) Care and Damage to client property. Whilst every care is taken in the handling of the Customer’s property, CJ Swaby Photography accepts no responsibility whatsoever for any loss or damage, however caused, or any other loss by unforeseen circumstances whilst they are in the custody of them. Liability for such loss or damage will be limited to the replacement cost of the materials or media (the wedding film) and in no circumstances will any liability attach to any claim for the value of the content.
12) Confidentiality. Unless otherwise agreed Cj Swaby Photography will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by Cj Swaby Photography to supply of the product(s) or service(s).
13) Customer Material. Cj Swaby Photography retains the right to destroy all customer video material upon handover of the final product(s) or service(s). All customer material will be deleted or destroyed 48 hours after handover of product(s) or service(s). Cj Swaby Photography accepts no liability for loss or damage of product(s) or service(s) once handed over to the customer. Cj Swaby Photography accepts no liability for loss or damage of the customers personal property given to aid productions e.g. music CDs.
14) Cj Swaby Photography ensures that its camera equipment’s is regularly serviced and maintained to the highest standard possible but mechanical failure can occur from time to time that is beyond our control. In these circumstance Cj Swaby Photography accepts no responsibility whatsoever and liability shall be limited to the total invoice value if monies have been paid in full only – or deposit monies already paid by the Customer will be refunded in full.
15. Pre-production requirements. It is the Clients responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.
No liability will be accepted by Cj Swaby Photography for and delays or failure to deliver the agreed product if caused by any element which is the Clients responsibility. Where copyright material is provided by the client for incorporation into a Cj Swaby Photography product, permission must be obtained from the original copyright owner / material provider. The client undertakes to indemnify Cj Swaby Photography against any future possible claims, disputes, expenses or costs arising from the use of such material, without time limit. A Cj Swaby Photography full booking form must be completed in full by the client before production work can begin.
16. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result the governments and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Cj Swaby Photography has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you, your shoot participants or family members will not become infected with COVID-19. By proceeding with your shoot you are agreeing to our terms and conditions. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19. By doing such, exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 during a shoot with Cj Swaby Photography may result from the actions, omissions, or negligence of myself and others, including, but not limited to, shoot participants and their families. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself, your family and shoot participants (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind.
You hereby release, covenant not to sue, discharge, and hold harmless Cj Swaby Photography, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Cj Swaby Photography, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after your shoot.