Terms and Conditions of Business
These Terms and Conditions of Business (“Terms”) explain your rights and responsibilities and also ours.
“You” means the Client named in the Contract, “We”, “us” means Kim and Chantelle Gribbon, trading as The Gribbons from 15 Park Grove, Derby, Derbyshire DE22 1HE.
The “Contract” means the contract accepted by you in submitting the Booking Form, and incorporates these Terms.
“Wedding” shall, if the context so requires, be deemed to be a reference to a civil partnership ceremony or any other analogous ceremony, blessing or renewal of vows.
- ENTIRE AGREEMENT: We agree to supply to you wedding photography services in accordance with the Contract. The Contract has been freely negotiated and contains the entire understanding between The Gribbons and the Client. It supersedes all prior and simultaneous agreements between the parties. The Contract incorporates these Terms and no variation shall apply unless agreed in writing and signed by both parties. By signing below, you hereby agree to be bound by the Terms herein.
- SPECIAL INSTRUCTIONS: You must ensure that any representation or promise on which you rely and which is important to you is written on the Contract. A space has been provided on the Contract for this purpose (‘Any special instructions / Important info’ under Your Package). We will endeavour to accommodate any reasonable requests made by you but can not guarantee to be able to do so.
- INITIAL PAYMENT: Upon completion and sending the document we will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, an initial payment of £500 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. An unconditional refund policy exists for a period of 14 days from receipt of the initial payment (“cooling off period”).
- BALANCE PAYMENT : The remaining balance should be fully paid no later than 30 days prior to the wedding date. If the remaining balance is not paid by that date, we reserve the right not to provide any services until payment is made or to treat the Contract as being cancelled by you. The provisions of the CLIENT CANCELLATION clause will then apply. Part/full payment(s) can be made at any time.
- ADDITIONAL TIME: The Total Price includes the time and expense of our photographer traveling to and from the agreed locations. It also includes our time for attending to take photographs as stated on the Contract. If the photographer is requested to stay for a longer period at the wedding or reception we will try to accommodate all reasonable requests but can not guarantee that we will be able to do so. We reserve the right to charge additional time as an additional service at the rate specified in our current price list, a copy of which will be provided upon request.
- PHOTOGRAPHERS CANCELLATION: In the unlikely event that we have to cancel this contract for reasons beyond our control, (death, injury, sickness, or other circumstances beyond the control of the Photographer etc.), a substitute photographer of high qualifications, similar skill, style, pricing, and product offerings may be sent to fulfil the obligations of the Photographer herein contracted. If a substitute photographer is provided, the Client has the right to refuse to accept the substitute photographer and may instead terminate this agreement but our liability to you shall be limited to a full refund of all monies paid by you.
- CLIENT CANCELLATION: If the Client wishes to cancel this agreement for any reason after a period of 14 days from the date of signing the Contract, as compensation for loss of income for The Gribbons, the following charges apply as a percentage of the total price. (Number of days before the wedding):
- 121 days or more: Initial payment only
- 91-120 days before the wedding date: 25% of the total price.
- 61-90 days before the wedding date: 50% of the total price
- 31-60 days before the wedding date: 75% of the total price
- Within 30 days of the wedding date: 100% of the total price.
If you, the Client, cancel your contracted wedding photography services with The Gribbons, your initial payment is refundable provided we have not turned away any other weddings for your wedding date. If we have forfeited income by denying service to another couple whose wedding date is the same as the yours, the initial payment that you have paid will be non-refundable. Should the cancelled wedding turn out to be a postponement, then, subject to availability, all money paid may be applied to the new wedding. In this case, the total fees chargeable shall be the fee which applies at that time. In the event of The Gribbons taking another wedding booking for your cancelled or postponed date a full unconditional refund of your deposit and monies paid shall be made.
- RIGHT OF WITHDRAWAL: The Gribbons’ 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 we 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, £150.00 an hour is charged for all photography services already provided to the Client. Should the Photographer’s personal safety or safety of their equipment come under threat at any point during the wedding day, the Photographer may cease their duties immediately and no refunds will be provided by The Gribbons to the you under these circumstances.
- PROVISION OF IMAGES, DIGITAL NEGATIVES: The Gribbons will provide a collection of edited digital images to the Client in downloadable form or on a USB drive. The images will be provided as high-resolution JPEG files. No guarantee will be made on the total number of images to be provided. The images provided will be deemed the full and final collection and under no circumstances will RAW files ever be released.
- CREATIVE LICENCE: We will discuss with you your general requirements and wishes in relation to the taking of the photographs. You should be aware that it may not be possible for these to be followed due to factors such as weather conditions, lighting conditions, the subjects being photographed and time constraints. You, therefore, grant us full and unfettered artistic licence in relation to the content of the photographs, their arrangement, composition, location and the number of photographs taken. Judgement on photographic style shall be deemed correct. On its own behalf, and on behalf of the subject, the Client acknowledges that they are familiar with The Gribbons’ portfolio and are requesting services with knowledge of The Gribbons’ style; that The Gribbons’ work is constantly evolving; that The Gribbons’ services are of unique and artistic nature; that the photos may be different from photographs taken by The Gribbons in the past; and that in creating the photos, we shall use our personal artistic judgment to create images consistent with our personal vision of the event.
- EDITING: Every effort will be made to provide a pleasing colour balance between photographs but this may not always be possible due to factors such as lighting conditions, and digital sensor limitations. Prints made on different occasions or in different sizes may also vary. Accordingly, no warranty is given that an exact colour match can be provided.
- ADVANCED RETOUCHING: Advanced retouching is not included in the package price (e.g. skin smoothing/enhancement, 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). A quote will be provided for any requests for advanced retouching.
- PHOTOGRAPH STORAGE: We keep your digital media for 12 months. You are advised to make a back-up of the digital photographs you receive from us to protect yourselves in the event of loss, corruption or theft.
- COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. We are 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 us or for any other reason outside of the Photographer’s control, including inclement weather conditions.
- HOUSE RULES: The Gribbons are limited by the guidelines and wishes of the ceremony official or reception site management. the Client agrees to accept the technical results of their imposition on the Photographer. It is suggested that any specific restrictions or rules relating to photography are ascertained prior to the wedding date by the Client and communicated to us. The provisions of the SPECIAL INSTRUCTIONS clause apply. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; The Gribbons will offer technical recommendations only.
- NON-GUARANTEE: Although every possible care will be taken to produce photographs of all important and special events during the wedding, we cannot place an unconditional guarantee on this. The Gribbons will not be held responsible for any ruined photographs due to any other person’s (wedding guests, officials, vicars, registrars etc) intervention (e.g. stepping out into the aisle during the procession) or any other missed or spoiled photographs due to any other cause outside of our control.
- PERSONAL LICENCE: The copyright of photographs remains with The Gribbons. Upon receiving your wedding photographs, you also receive Usage Rights to accompany them. Specifically, you receive a Personal licence to use your images for Personal Use – for example printing for personal display, using them on your social media, giving copies to friends and family for their personal use and display, and creating your own personal products (prints, calendars, photo books, albums). There is no time or geographic limit on this Personal licence. Your licence precludes Commercial use. Examples of commercial usage include but are not limited to; uploading to a stock image library, syndicating (re-selling), publishing in print and online media or promoting a commercial enterprise. The copyright in all images and copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer file or printed documentation relating to such images remains our property, but you have a licence to use them for Personal, non-commercial use. If, at any stage, you are unsure as to whether a use you are putting your images to is considered commercial, you agree to contact us to check your rights.
- USE OF IMAGES: We reserve the right to use or display any images created as part of this Contract in our studio, as part of our portfolio, at exhibitions, or for marketing purposes. Such mediums/purposes include, but are not limited to: advertising, internet promotion, photographic contests, public displays, photography books, wedding blogs, studio display, sample wedding albums, and any other use thought proper by The Gribbons and considered standard by the wedding industry.
- LIMIT OF LIABILITY: The Gribbons makes every effort to produce the highest quality photographs possible, including using professional grade equipment, professional grade backup equipment, and making multiple backup copies of images. However, in the unlikely event of total photographic failure, injury or sickness beyond our control, liability shall be limited to the return of all payments received for the event package above. The total limit of liability shall not exceed the total price stated herein. The Gribbons has full Public Liability, and Professional Indemnity Insurance.
- 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.
- PRIVACY AND PROCESSING OF PERSONAL DATA: The Gribbons comply with the EU's GDPR (General Data Protection Regulation) legislation and the DPA (Data Protection Act) around the usage of personal data. Please read the privacy policy at https://thegribbons.com/privacy-policy/ for full information about how your personal data will be processed, stored and protected. Under GDPR legislation, a photograph may in some instances constitute a form of personal data. Wedding clients are therefore requested to direct their guests to read the above stated privacy policy in advance of the event.