Terms and Conditions
By signing the legally binding contract for photography services to be provided by MykeyDay Photography and/or individuals subcontracted to do work for MykeyDay Photography, you agree to the following terms and conditions:
CHANGE OF DATE OR VENUE
MykeyDay Photography must be notified immediately of any changes in schedule or location. Notification of any changes can be made by phone along with written notice (acceptable via email) for documentation. It is the client’s responsibility to confirm all arrangements for the day at least 7-10 days prior to the event.
LATE PAYMENT FEES & NON-PAYMENT
If any payment is not received by appropriate due dates stated in this contract, MykeyDay Photography reserves the right to withhold delivery of images until payment is received, and/or not attend the event entirely with no refund of any monies paid, whilst full payment is still expected (see cancellation). Late payment fees accrue at 3% of failed payment amount per calendar week until outstanding amount (and late payment fee) is paid. Payments later than 10 weeks after due date cease accruing late payment fees but will be passed to debt collection agencies who will recover full amount on our behalf. Such agency may add their own additional fees for collection, which will also be paid by the client.
There shall be no refund of Booking Fee from the signing of agreement due to the reservation of the photography date. In accordance with the Consumer Contracts Regulations 2013 there is a 14 day cooling off period after signing this contract and during this time you may cancel the contract with no financial commitment (minus the non-refundable booking fee). After the 14 day cooling off period there can be no cancellations of any part of the contract. If the event is cancelled after the 14 day cooling off period the client shall pay the entire balance of the contract due to the high probability that MykeyDay Photography will have turned down other potential clients and/or will not be able to further book that date in the time remaining. All monies paid are NON-REFUNDABLE. All arrangements and any cancellations will be put in writing. ‘In writing’ is defined as a dated letter with one or both of the original contract signatories having signed. Cancellation must be in writing even if a phone call or other communication was made to inform MykeyDay Photography of the cancellation. A written letter acknowledging receipt will then be sent by MykeyDay Photography acknowledging the ending of the original contract, outlining any remaining payments to be made with appropriate 'due dates'.
The client(s) assume responsibility for any and all collection costs and legal fees incurred by MykeyDay Photography in the event that enforcement of this contract becomes necessary. All legal action shall take place under the laws of the United Kingdom.
MykeyDay Photography is not responsible for compromised coverage due to causes beyond the control of MykeyDay Photography - including but not limited to: obtrusive guests; lateness of the client, guests, other suppliers, or venue; weather conditions; schedule complications; incorrect addresses provided to MykeyDay Photography; rendering of decorations/venue décor; or restrictions of the venue or location(s). MykeyDay Photography is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. MykeyDay Photography is not held liable for missed coverage of any part of the event(s) due to reasons beyond their control. MykeyDay Photography will not be held accountable for failure to deliver images of any specific individuals or any specific objects at the event(s).
VENUE AND LOCATION LIMITATIONS
MykeyDay Photography is limited by the rules and guidelines of the location(s) and site management. The client agrees to accept the technical results of their imposition on MykeyDay Photography. Negotiation with the officials for moderation of guidelines is the client's responsibility; MykeyDay Photography will offer technical recommendations only.
IMAGE QUALITY, CREATIVE LICENSE & ARTISTIC STYLE
Owing to the subjective nature of photography as an art form, the client[s] agrees to waive any potential claims of negligence if they deem, for whatever reason, the images to be sub-standard. It is assumed that couples are familiar with previous work by MykeyDay Photography, and that the quality produced on the day be commensurate with this quality where possible (depending upon limitations and restrictions listed above). Images may be edited at the photographer’s discretion, and delivered images may not include all images. The photographer reserves the creative right to edit and release only those images deemed professional in quality and within the photographer’s artistic standards. The Client acknowledges that they are familiar with The Photographer’s portfolio and are requesting services with knowledge of The Photographer’s style. The client also accepts that The Photographer’s work is constantly evolving and changing to meet modern standards and artistic merit, and that The Photographer’s services are of unique and artistic nature. The photos supplied may be different from photographs taken by The Photographer in the past; and that in creating the photos, The Photographer shall use their personal artistic judgment to create images consistent with their personal vision of the event, this vision may be different from The Client’s vision of the event. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event MykeyDay Photography cannot be held responsible for requested photographs not taken or missed, and lack of coverage resulting from weather conditions, or schedule complications. The photographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. The Photographer is not responsible for a lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, or rules, limitations, and restrictions imposed by the venue. It is acknowledged that any lists submitted to MykeyDay Photography will be used for organizational purposes only and in no way represents photography that will actually be produced. MykeyDay Photography will do its best to fulfil all requests but can make no guarantees all images or moments will be delivered. MykeyDay Photography does not guarantee any single shot/image/moment, and cannot be held responsible for missed shots for any reason.
It is expected that the clients have (or will purchase within the 14 day cooling off period, or at the earliest possible opportunity that wedding insurance is available for their ceremony date) wedding insurance to adequately cover any unexpected inabilities to pay the full cost amount of this contract. As per the ‘cancellation’ clause above, full payment is always expected after the 14 day cooling off period, regardless of cancellation due (but not limited) to bereavement or illness of client or clients’ family members, loss of earnings, changed circumstances, etc…
MykeyDay Photography agrees to grant image rights to the client[s] with a non-exclusive, limited, perpetual license. This license allows the client[s] to do the following with the images: i) display the images; ii) print the images up to the size stated above (page 3); iii) copy the electronic files or the printed images; iv) upload, email, or electronically transfer the images or files; v) publish the images on personal websites or social media websites. All these circumstances are allowed for under personal and non-commercial use only.
THIS LICENSE WILL PROHIBIT COUPLES FROM THE FOLLOWING: i) editing or digitally manipulating the files in any way; ii) Making prints or products above the printing size agreed to above (on page 3); iii) giving away images or files to other supplier/companies for commercial use; iv) applying for copyright of image; v) selling or otherwise making profit from images; vi) giving away use of images for personal or professional gain; vii) sharing or referencing images without permission for any reason other than specified by the limited perpetual license (above).
PRICING & PRODUCT AVAILABILITY
Any additional services or merchandise not included in this initial contract will be sold at the current price at the time the order is placed. All prices are subject to change at any time without notice. MykeyDay Photography guarantees albums and products within wedding collections purchased by clients in this contract for up to six months from the date of the wedding (stated on this contract). This is considered an appropriately generous amount of time for clients to make their choice of pages from the ‘Artist’s Choice’, and/or to choose which images they would like to be incorporated into their album design. After six months there shall be an additional fee of up to £300 to cover any potential price increases from our suppliers abroad. If MykeyDay Photography has not heard from the client after 12 months from the date of the ceremony with a finalised design/choice for their album, the album section of the agreement/contract shall be cancelled and the contract considered complete and finished.
EXCLUSIVE PHOTOGRAPHER / VIDEOGRAPHY
MykeyDay Photography shall be the exclusive photographer(s) and/or videographer(s) retained by the client for the purpose of photographing or filming the event. Family and friends and other wedding vendors shall not interfere with the photographer’s duties. Guests may be asked to refrain from taking photographs to ensure proper exposure and quality of images.
Mykey Day Photography offers both photographic and videography services and any other 3rd party services are prohibited due to the impingement 3rd party services inevitably cause on the coverage we provide, as well as the infringement of the copyright of our work by photographing or filming moments we direct or create.
In very exceptional circumstances MykeyDay Photography may allow 3rd party videography services where expressly suggested and recommended in writing by MykeyDay Photography, however MykeyDay Photography can make no guarantees of quality or quantity of images delivered whatsoever when not booking Videography directly through MykeyDay Photography.
This clause does not apply to the supply of photo-booths which is exempted from this exclusive photographic/videography services term as the scope of this type of photographic services is outside the services MykeyDay Photography delivers.
MykeyDay Photography’s photographers and videographers for your event are chosen and sub-contracted by MykeyDay Photography, at the sole discretion of MykeyDay Photography. Any and all photographers/videographers assigned work as sub-contractors under MykeyDay Photography. Mykey Day (the individual) intends to personally attend all events covered by MykeyDay Photography however this is never guaranteed and where this is not possible for whatever reason, there are no refunds or compensation possible.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer or videographer from MykeyDay Photography is unable to deliver the services outlined in this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the MykeyDay Photography, MykeyDay Photography will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the specific service not performed, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic or digital materials are damaged in processing, lost through camera malfunction, media storage malfunction, or otherwise lost or damaged without fault on the part of MykeyDay Photography.
MykeyDay Photography, its’ assistants, sub-contractors, or anyone acting on MykeyDay Photography’s behalf, have the right to work in a safe and non-threatening environment. MykeyDay Photography has a zero-tolerance policy when it comes to abusive, threatening, criminal, sexist, obscene, or vulgar behaviour towards any agent of MykeyDay Photography. MykeyDay Photography reserves to right to terminate coverage and leave the location of any event and cut coverage short if the photographer/videographer or agents from Mykey Day Photography experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the event, or in the event that the safety of the agent from Mykey Day Photography is in question, with no refunds given under this circumstance for lost coverage.
The client[s] agree to reimburse MykeyDay Photography for all expenses relating to carrying out this contract. For example, parking fees, photography permits, destination travel fees, accommodations, etc… Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and MykeyDay Photography agrees to supply expense receipts if so requested. Clients are responsible for all location fees and permits. Mykey Day Photography typically carries £2million public liability insurance – where a venue imposes expectations of Public Liability at a greater amount – this cost will be passed on to the client.
GARMENTS & PERSONAL BELONGINGS
MykeyDay Photography cannot be held responsible for damage to personal belongings during events. Mykey Day Photography (or any agent working on Mykey Day Photography’s behalf) will not assume responsibility for any items or valuables present at the event – even if handed to the photographer or assistants for safekeeping or moving. The client is responsible for arranging personal assistance for wedding garments and valuables/possessions and no claim may be made against MykeyDay Photography for lost or damaged items.
IMAGE STORAGE & SELF-PRINTING
MykeyDay Photography cannot be held responsible for the failure of media due to mishandling. Mykey Day Photography cannot be held responsible or liable for the quality of any prints made from these files by labs or companies not recommended by Mykey Day Photography, and only guarantees quality of prints or other reproductions sold directly from Mykey Day Photography.
USE OF PICTURES
Permission is hereby granted to MykeyDay Photography to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, educational, and any other commercial purpose. This contract shall act as a model release and the client releases all claim to any profits that may arise from use of images.
REBOOKING ENGAGEMENT/PHOTO SESSIONS
In order to give you the best, most relaxed session possible, Mykey Day Photography only schedules one session per day. That way, our attention is totally focused on you and your experience. Because reserving your date requires Mykey Day Photography to turn away other business on that day, there is a £75 fee to change your date.
SHOT LISTS & GUARANTEED SHOTS
MykeyDay Photography does not guarantee any single shot/image/moment, and cannot be held responsible for missed shots for any reason. Any lists submitted to MykeyDay Photography will be used for organisational purposes only and in no way represents photography that will actually be produced.
Returned cheques are subject to a £75.00 returned cheque fee.
Client assumes responsibility for any and all collection costs and legal fees incurred by MykeyDay Photography in the event that enforcement of this contract becomes necessary. All legal action shall take place under the laws of the United Kingdom. No damages claim (irrespective of nature of the claim) can exceed the cost amount / package price of Mykey Day Photography’s service as stipulated above in their contract. Mykey Day and Mykey Day Photography cannot be sued for any amount greater than the price of services offered.
MykeyDay Videography agrees to grant footage rights to the client[s] with a non-exclusive, limited, perpetual license. This license allows the client[s] to do the following with the footage: i) display and share the footage for private purposes; ii) copy and back-up the electronic files; iv) upload, email, or electronically transfer the files for personal use; v) share the footage on personal websites or social media websites. All these circumstances are allowed for under personal and non-commercial use only.
THIS LICENSE WILL PROHIBIT COUPLES FROM THE FOLLOWING: i) editing or digitally manipulating the files in any way; ii) giving away files or footage to other supplier/companies for commercial use; iv) applying for copyright of work; v) selling or otherwise making profit from work delivered; vi) giving away use of footage for personal or professional gain; vii) sharing or referencing footage/files without permission for any reason other than specified by the limited perpetual license (above).
MykeyDay Videography never guarantees the use of drones at weddings due to the massively wide spectrum of restrictions on use of drones at wedding venues in the UK, such as: Venue restrictions/limitations, legal limitations, weather limitations, and our personal judgement as to the safety of deploying drones at any given time. As such there is never a guarantee for use of drones even where permission is given by the venue. Where additional payment has been made for use of drones and drone use was not possible, Mykey Day Videography is limited to the return of any money paid with shall have no further liability with respect to the agreement.
WORKING WITH 3RD PARTY PHOTOGRAPHERS [VIDEOGRAPHY]
MykeyDay Videography shall be the exclusive videographer(s) retained by the client for the purpose of filming the event. Family and friends and other wedding vendors shall not interfere with the photographer’s duties.
Mykey Day Photography offers both photographic and videography services and where Photography services are purchased by the client from a 3rd party, the client acknowledges this may have a hugely detrimental effect on the quality and quantity of footage taken by Mykey Day Videography owing the restrictions/impingements imposed by 3rd party photographers.
Further Important Information (Please Read Carefully)
Image requests (pinterest and others)
Whilst we really want your input and to work with you to get the imagery you want of your wedding day, in this internet age sometimes we receive specific image requests of pictures downloaded from pinterest or similar. Whilst we will do our best to accommodate these requests we respectfully request that you remember that no two pictures in the world will ever be the same – owing to difference in lighting, subject, photographer, equipment, and artistic style.
We also respectfully remind you that you have booked Mykey Day Photography based on the imagery you have seen, and we are very proud of our contemporary (and always evolving) style of photography.
You will be provided with JPG images from your day, this often constitutes what many photographers refer to as ‘digital negatives’. When it comes to the RAW image files created by our cameras (and used to create and edit your final pictures), these will not be released under any circumstances, and remain the property of Mykey Day Photography.
Local Business Licenses / Fees / Restrictions / Permits
When photographing in the EU there should be no requirement for additional business licenses or visas. But outside of the EU (or even in the EU where this may be the case), any and all additional costs for business licenses or visas shall be the responsibility of the Client.
Where permits are required for photography, this cost shall also be passed on to the client unless agreed otherwise in writing previously.
Your Wedding Guests
There is a danger that guests can unwittingly spoil shots. This can be as simple as trying to repeat shots taken by the “official” photographer, or distracting the subjects so that eyes are not looking at the camera, or taking an inordinate amount of time to take shots, or “spotting” the bride’s face with red focus assist lights, or floating into view on formal set-piece shots, or compromising the ambience of scenes by the inappropriate use of flash photography, or encroaching on shots.
We will speak with the guest or bride or groom or coordinator if appropriate. In some circumstances our coverage may be compromised or may have to be cut short. An inconsiderate guest can wreck the record of your special day.
Owing to lighting conditions in the reception hall, we cannot guarantee the style of reception pictures. We will bring multiple types of lighting in order to get amazing imagery of your reception, however there may be technical or venue restrictions on what we can use.
Our images are provided fully edited to you on download or USB. Editing is defined as: cropping, colour correcting, and contrast toning. These edits are for the purpose of ‘normalising’ or 'developing' images from the digital negatives taken in-camera, and no more.
We also aim to provide basic adjustments such as ‘spot removal’, ‘skin toning’, ‘enhancing lighting’ (lightening up shadows) and ‘contrasting’. We will (at our discretion) make the images look as beautiful as possible by removing spots from the couple’s face, and softening skin textures for beauty sake.
These ‘beauty edits’ are provided primarily for the couple being married, and no other persons, unless at our discretion we deem it necessary to apply these edits to other subjects.
We do not offer editing services such as drastically altering body shape or facial appearance, or perhaps changing out locations, or even inserting fake elements such as dinosaurs or missing relatives, in our photography editing. Major re-edits that drastically alter body shape or facial appearance, even on a small selection of images, are subject to additional fees.
Additional Album Redesigns
Typically one album design is included with any collection, as well as one full re-design. Further changes and re-designs are subject to a nominal fee of £75 per submission/re-design.
Copyright and Licensing Notice
The images provided to you are licensed for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Your purchase of the original files releases Mykey Day Photography from any liability due to loss or damage of the images, and also releases Mykey Day Photography from any obligation to maintain copies of any digital file, image, or photograph. You hereby grant to Mykey Day Photography the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use. Mykey Day Photography agrees to limit the use of these images and photographs to promotional use only.
Mykey Day Photography may revoke this license at any time and for any reason.
Mykey Day Photography retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms.
Cancellations & Complaints
As outlined in the contract there are various cancellation fees for cancelling your services with us for any reason. This may be due to cancelling / moving the wedding date, financial difficulties, unhappiness with service, or any other reason. Whatever the reason, cancellation will still incur fees and charges to be paid as outlined in your contract.
This is mainly due to the fact we would be unable to resell your date as it approaches, and also significant costs are laid out for each wedding (2nd photographer and assistant reservation/hire, albums credits are purchased, equipment hire, hotels, etc…) which we still need to recoup. Furthermore, Mykey Day Photography is an active full-time Photography studio and business, and like any other business you may have contracted for your Wedding, we do require payment in full.
With regards to Engagement sessions, in order to give you the best, most relaxed session possible, Mykey Day Photography only schedules one session per day. That way, our attention is totally focused on you and your experience. Because reserving your date requires Mykey Day Photography to turn away other business on that day, there is a £75 fee to change your date.
Substitution of Photographer
In the unlikely and unfortunate event that Mykey Day or his second photographer and/or assistants are ill, every effort will be made to obtain replacements. MykeyDay Photography does not guarantee any individual person will be present at your event, and due to illness/staffing issues/etc... we reserve the right to provide photographers to your event at our discretion.
Mykey Day Photography has a detailed complaints procedure, starting with a formal written letter of complaint addressed to Mykey Day Photography via post and e-mail. Mykey Day Photography will treat all complaints with care and due diligence, and endeavour to reach a solution that satisfies both parties.
Any complaint should be advised to Mykey Day Photography at the first instance verbally (if at an event or ceremony), followed up by full written confirmation within 14 working days of the shoot date or receipt of final products – which will be responded to in writing within 28 working days of receipt of complaint, firstly to confirm our receipt of a customer complaint from you, and secondly advising you the next steps in the complaints procedure (specifically, either the steps we intend to take to investigate, or to resolve your problem).
Please send the following information in writing: Your Name, full address and telephone number, e-mail address, nature of complaint, detailed information about your complaint, and any supporting evidence (photos, statements, etc…).
For more information please see our customer care section.