Please Read our Terms & Conditions
In the following conditions of contract “the photographer(s)” shall mean Fergul Mc Clean trading as Diamond Photography or, any photographer(s) appointed by Fergul Mc Clean. “The Client(s)” shall be those whose name appears on the contract. If the client(s) arrange for a third party to meet the costs of this contract the contract remains with the client(s). The due performance of the contract is subject to the conditions below. It is agreed that the terms set out in this booking form is the total agreement made between the parties and these terms cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer(s) in writing.
Payment
A non-refundable booking fee of €250 must be made to secure our services for the date of your wedding. Second payment is to be made no later than 1 month before your wedding date. Both your booking fee & second payment will equate to aproximately 90% of the agreed package. Adequate time must be allowed for cheques to clear prior to due date. Any bank fees that are charged to us due to cheques bouncing, will be passed onto you, the clients. Final balance is due before your Album is sent for printing. Your CD of high-res images can only be collected once you make your full and final payment. If your final payment is by cheque, then we cannot release any goods till the cheque clears. We can however release a maximum of five images for thank you cards etc, prior to you making your final payment. On confirmation of the booking, Diamond Photography will have exclusive photographic rights for the wedding in question and will act as the official photographer at your wedding. No other photographer or videographer, professional or amateur may be allowed to photograph your wedding. This does not affect guests.
Special Requests/Coverage
The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client(s) wishes. If you wish to provide a list of ‘must take’ photographs, the photographer(s) will treat this as a guide as we cannot guarantee to cover every item on the list. Diamond Photography will not be held responsible for any perso n missing at the time of a specific group or any ‘must take’ photographs not taken. We cannot guarantee that every combination of group will be photographed nor will we be held responsible if they are not photographed. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all images requested. No compensation is payable if guests are uncooperative. The Couple are requested to provide a member of each family to assist during the group and family shots.
The Photographer
On occasion and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. Due to ill health, accident etc). We may also, without notice have a second photographer. There will be no extra cost incurred by the clients if this happens.
Images
All images sizes are normal. The photographer will 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 man made fibres. It is sometimes impossible to record on film, or digital media, the exact colour as seen by the human eye. Images will be kept on file for a maximum of 2 years after your event date. We cannot guarantee to have your images after this point.
Copyright
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act. It is contrary to the Act to copy or to allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of the photographer(s) in writing. Any breaking of seals in the viewing album will presume a breach of the copyright. In cases where a CD of the best images is part of your package, you have the right to print, change any image to B&W or Sepia only. Negatives/digital files will remain the property of the photographer(s)
Licence
The Photographer shall be granted complete artistic licence in relation to the poses photographed and the locations and number of images taken shall be final.
Force Majeure or Act of God
The performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Display
The Client(s) herby allows the photographer(s) to display any images including in this contract in their studios, portfolios, literature, wedding and exhibitions and the photographer’s own web site including private meetings with prospective clients. Use of the images may also be made by the photographer(s) for other commercial reasons, including social network sites, such as Facebook, their Blog and adverts, both in the newspaper and magazines. Your wedding gallery will be placed on the Internet under password protection, which will be issued to the client(s) only. Diamond Photography cannot be held responsible if the security measures of the client(s) gallery are breeched. You must notify us immediately if this happens. Online galleries will be removed once your album has been ordered or after 6 months, whichever comes first. All images placed online will have a © watermark. Under no circumstance will the © watermark be removed.
Cancellation
In the unlikely event that your wedding is cancelled or postponed, any fees that you have paid will not be refunded. Should you cancel or postpone the date of your wedding, the cancellation date will be the date that we receive written notice of your cancellation at our office signed by the person(s) who signed the booking form. We must request that you advise us of cancellation in writing. Cancellation less than 5 weeks of your date will result in full payment of the agreed price.
Albums & CD
Wedding Albums must be approved of and sent to print within 6 months from your wedding date. Albums approved outside this period can be subject to additional charges. Full payment of any outstanding fees must be paid before your album can be sent for printing. Albums can only be collected from Diamond Photography Studios. You will be notified by text, e-mail and/or written mail. We strongly advise you to collect your album at the studio, and in person. If you wish for your album to be sent to you then postage will be paid by the clients. We will take care to package your album against any possible mishandling of the postal service but we cannot take any
responsibility if your album is lost or damaged due to the postage service. Only images taken by Diamond Photography can be used in your album. Only one copy of the CD/USB memory card of your images will be issued to you. There is a charge for a replacement CD/USB memory stick if you loose or damage the original copy.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the Liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. We use professional equipment and take every
precaution to limit any failures or loss of images, eg. back-up cameras, memory cards, off site hard drives etc etc. Even though we do our utmost to photograph your day, we cannot be held liable due to adverse weather conditions, such as snow, storms floods etc.
Complaints
Any complaints should be raised by the Client(s) with the photographer(s) in writing within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.