Terms & Conditions

I’m all about transparency and honesty – it’s what I value and look for when I make an investment and I am pretty sure you do too.

So, below you will some of the main terms and conditions (in the form of FAQ’s) you need to be aware of. Whilst I email out a personalised booking agreement to all my clients, I’ve added it to my website so that you are able to see the full details prior to booking.

This info provides all the relevant information you need to know before entering in to an agreement (also referred to as ‘contract’) with ‘Gina Fernandes Photography’. In addition to the information below, you’ll also receive a personalised booking agreement showing a detailed breakdown of each of the features of your wedding photography package. More general FAQ’s can also be found here.

What type of a contract will I enter?
This wedding photography agreement 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, wedding photographs, post-wedding shoot photographs and any personalised boxed retro prints as part of your chosen wedding photography package or any additional items such as USB’s and albums added onto the package price.

Who is the contract with?
The wedding photography contract will be with Gina Fernandes, trading as ‘Gina Fernandes Photography’.

What’s the geographical address?
The address of ‘Gina Fernandes Photography’ is: Deva, Leicester Road, Uppingham, Rutland, LE15 9SD.

Who decides what photos you take?
Gina Fernandes shall be granted creative and artistic license in relation to the choice of locations and poses used. Gina’s  assessment on photographic style, photographic finishing and number of images supplied shall be deemed correct. Part of the booking process involves a pre-wedding meet to discuss the details of the wedding day and requirements. Gina is happy to consider images that the couple like – i.e. – Pinterest, but cannot guarantee that these will be carried out.  Please ensure that you have seen enough examples of work to understand Gina’s editing style.

What type of photos do you take?
Gina Fernandes Photography is a mixture of documentary and lifestyle type photography. Gina will record the day in a documentary/reportage style and if ‘couple photos’ are required, these can be arranged with Gina who will help with gentle guidance (as opposed to posing). Any images required other than that of a documentary nature (group shots) should be written down in detail and provided to Gina in the booking form. Although Gina will endeavour to capture these images, on occasion, circumstances will occur out of Gina’s control that may mean these images are not possible – for example, weather and schedule. Images supplied will range between 300 and 500 depending on the content of the day. Gina Fernandes photography does not supply RAW images under any circumstances. Gina will work throughout the day but will take up to 2 hours of breaks (during the meal, after the ceremony and in between the reception and evening celebrations. These breaks enable Gina to back up her images and pop to the loo!

Gina will not, and can not photograph every single person present at your wedding or  is to be directed by the guests to take photos.

Do I need to feed you?
Whilst Gina is a fully functioning adult and can bring a packed lunch, often its sitting in the car getting sweaty or worse yet, the car is parked a bit further away than desired so running around means Gina may miss parts of the day! A full sit down 3 course meal is not expected but a hot meal on the day or a tab to be able to get a meal at the bar would be greatly appreciated.  The food break time is often used for backing up images and editing so Gina is totally fine with sitting in another room/in the corner out of the way!

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 contract. 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’ll pay.

Is there a deposit to pay?
The booking fee is 25% of the total fee of the package you have chosen. The Wedding day date is held on a verbal basis for two weeks after sending the booking form out. Date is only confirmed upon receipt of deposit. 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 additional charges?
Should an album be added to the package, the starting price listed on the website is for a hardcover album 10×10 inches in size or 8×12 inches in size (landscape or portrait format) and shall include 20 pages / 10 double page spreads which will typically hold approx 40-60 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. Smaller duplicate albums are also available but have to be ordered at the same time as the main album order. Due to the customer’s 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 on the website.

Should a USB be added to the package, the price will include a ‘Gina Fernandes Photography’ logoed USB with all final edited images. Personalised USB’s are also available for a small additional cost – with these you can select the image and wording required on the USB presentation box.

Additional charges may also apply should you wish to book an engagement/pre-wedding photoshoot, post-wedding shoot, second photographer or purchase prints or albums and USB’s. All prices are available 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 on booking and the balance is due one calendar month before the wedding date. Final payment of any outstanding monies should be completed no later than one calendar month before the wedding date. Failure to pay in full by this agreed date will make the contract void. Please also not that Gina Fernandes enters a contract with the couple, regardless of who is paying for the photography.

Services:

A sneak peek will be posted within 24-48 hours of your wedding on Facebook with a story usually put on Instagram depending on your privacy agreement. File processing and editing will commence following the wedding date and shall be completed within 6 weeks for weddings between September – June or within 12 weeks for peak season weddings in July & August. The photos will be available to view in an online gallery once the editing is complete. A link will be sent to you via email.

Do I have a right to cancel?
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 cancellation period without giving any reason, and without incurring any liability. An exemplar cancellation form is included below, although any written form of cancellation is accepted including email. 30(1) The cancellation period ends at the end of 14 days after the day on which the contract is entered into.

Cancellation (What the text above actually means!):

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 Gina Fernandes Photography (Deva, Leicester Road, Uppingham, Rutland, LE15 9SD) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email). You may use the attached exemplar cancellation form below, but it is 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, Gina Fernandes will reimburse to you all payments received from you. Gina 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 Gina Fernandes an amount which is in proportion to what has been performed until you have communicated to me with your cancellation from this contract, in comparison with the full coverage of the contract.

Exemplar cancellation form

To: Gina Fernandes Photography, Deva, Leicester Road, Uppingham, Rutland, LE15 9SD/Email address hello@ginafernandesphotography.co.uk.

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

Name of customer:

Address of customer:

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

Date:

If I cancel after 14 days, how much will I need to pay?
If the client 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 >1 year before the wedding date: booking fee

14 days after booking and >6 months before the wedding date: booking fee + 25% of balance

14 days after booking and <6 months before the wedding date: booking fee + 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 have 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 digital downloads, USB and albums are 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 downloads, album and USB is exempt from the consumers right to cancel.

What is the legal duty of Gina Fernandes Photography in this contract?
The service provided will be as advertised, and should Gina Fernandes Photography be unable to provide this service due to unforeseen circumstances including but not limited to injury or sickness, Gina Fernandes 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 and blog.

What if something happens to you and you fail to make it to the wedding?
In the unlikely event of the Gina Fernandes being unable to attend the agreed wedding due to unforeseen circumstances, Gina Fernandes Photography reserves the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding to the best of his/her ability.

In the unlikely event of a total photographic failure or cancellation of contract by either party 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 of consequential loss. Under the Consumer Rights Act, which superseded the Supply of Goods and Services Act on 1 October 2015, your photographs will be supplied with reasonable care and skill.

If you have any issues with your images upon delivery you must inform Gina Fernandes within one calendar month from the date received.

Can I have another photographer and videographer there?
Gina Fernandes will be the sole professional photographer on the day (unless a second shooter has been booked). Videographers are welcome. Please be aware that some churches will not allow photographers at the front of the church if you have a videographer. You need to check their policy prior to the ceremony and inform Gina. With regards to family members and friends taking photographs, by all means go ahead but please bear in mind that it may interfere with me being able to take a shot or confuse the ones being photographed where to look! Often, couples request certain parts of the day exclusively for the photographer, so the guests can sit back and enjoy the day. Feel free to ask Gina more about how this can be arranged.

Are there any technical protection measures? (Copyright):
The copyright of the images remains with ‘Gina Fernandes Photography’ as per the ‘copyright, designs and patents act 1988’. A print licence is granted within the contract which allows photographs to be reproduced by the consumer for personal use. Photographs 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 Gina Fernandes directly. The quality of Gina’s photos are really important so Gina Fernandes likes 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 Gina Fernandes 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. You will require a computer with internet access to view the photographs. If a USB is purchased then a USB port on your device will be required.  Two sets of photographs will be supplied. There will be a set labelled ‘For Print’ which will typically be 5000 pixels on the longest edge, and a set labelled ‘For Web’ which will typically be 2048 pixels on the longest edge. You will not require any specialist software as the photos can be viewed within standard Windows or Apple software that is supplied with your computer.

Is there after-sale customer service?
Gina Fernandes does offer an after sales service available after the digital downloads have been delivered should you 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 July – September. You are advised to contact Gina mid-week should they require after sales service.

Do you do Wedding albums?
Wedding albums are designed in the quieter season between October – March. Album design is not available during 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, hand made 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.

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 & printing limitations that will affect what changes are possible and should these affect you, Gina will advise of this during the design process.

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

When do I receive the prints and/or additional products that I order?
Timescale for the fine art prints (if part of package) or any additional products you select will depend on how quickly you are able to choose cover & content photos, and how busy Gina Fernandes is when your selection is sent. Design work is completed on a first come, first served basis so timescales will vary but advice will be given on approximate timescales when photo selections are received. Production time is 10-14 working days from the time Gina places the order with the suppliers.

How do I look after my Wedding Album?
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. Wedding albums should be stored flat to protect the spine, unless advised otherwise.

Phew – you got to the end! 

 

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