Booking Consent Form

This form is our Booking Consent Form which needs to be accepted once you have used our Book Now form and your booking is being confirmed.

This Agreement is made effective for all purposes, by and between Clare Frances Photography, hereinafter referred to as “the Author” and Clients 1 and Client 2, relating to the event(s) detailed above, hereinafter referred to as “The Wedding”.

 

Article 1. The author hereby undertakes to take wedding photographs for the Client. The author will take the photographs  on the date stated in the contract and complete the work for delivery no longer than eight weeks after that.

Article 2. For the photographs under Article 1 (one) of this Agreement, the Client agrees to pay the author’s full fee no later than the date of the event. Travel expenses are included in the final fee.

Article 3. Client will reserve the time and date of services by signing and returning this contract along with a professional fee.

Article 4. Client reserves the right to the cancellation of this Agreement. If cancellation is done prior to or on the wedding date the Author shall keep the professional fee and any monies paid up to the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 90 days of the contracted date, the Client shall be required to pay the full balance of the Contract and any payments made up to the date of the cancellation will not be refunded. The client are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.

Article 5. In the event that the Author has to cancel this Agreement, the professional fee and all monies paid up to the date of cancellation will be refunded.

Article 6. In the event that the Client reschedules the wedding at least 4 weeks prior to the wedding date, and such rescheduling is confirmed in writing to the Author, the booking fee may, at the Author’s sole discretion, be applied to the new date. The new package price will reflect pricing in effect when the date change occurs and a new contract will be required to reflect the changes. In the event the reschedule occurs within 14 days of the original wedding date, the Client shall be required to remit a new booking fee.

Article 7. The client agrees to confirm the schedule one-week prior to the wedding. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Author by the Client.

Article 8. On its own behalf, and on behalf of the subject, the Client acknowledges that he/she is familiar with the Author’s portfolio and is requesting services with knowledge of the Author’s style; that the Author’s work is constantly evolving; that the Author’s services are of a unique and artistic nature; that the images may be different from photographs taken by the Author in the past and that in creating the photos, the Author will use his personal artistic judgment to create images consistent with his personal vision of the event. Accordingly, the Client acknowledges that the photographs will not be subject to rejection on the basis of taste or aesthetic criteria.

Article 9. The Author is a non-traditional photographer. The Author’s approach is photojournalistic and creative. As such, the Author works in a free owing manner to best provide you with photographs , that represent this style and approach

The author shall endeavour to photograph all individuals as requested by the client at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out if a speciafied list were not to be produced.

Article 10. Specific or requested photos such as, but not limited to: screen shot ideas, Pinterest boards, Instagram or Facebook feeds, another photographers work, etc.; cannot be guaranteed by the Author.

Article 11. The Client hereby assigns the Author the irrevocable and unrestricted right to use and publish photographsof the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images.

Article 12. The Author is obliged to provide his services to the best of the Author’s abilities, in the manner described in Article 1 (one) of this agreement, but reserves the right to a complete stylistic and artistic expression.

Article 13. The author will make every reasonable effort to deliver all photographs requested by the Client. The Author and the Client both agree that the Author is not responsible for compromised coverage due to causes beyond the Author’s control, including, but not limited to: weather conditions, schedule complications, the lateness of the bride, groom, family members and bridal party members or other principles, schedule complications, other people’s camera or flash, rendering of decorations, restrictions of the venues or officiate, existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. The photographer’s coverage is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of the guidelines is the Client’s responsibility.

Article 14. The Client is responsible for acquiring all permits and necessary permission for all locations on which the Author will be performing services.

Article 15. Images are edited at the Author’s discretion, and delivered files will not include all images  by the Author. The Author reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Author’s artistic standards. The selection of delivered photographs by the Author is final. In order to retain a documentary approach, the Author’s photograph editing includes colour correction, re-sizing, blemish removal (if needed) and cropping of the images. Photopraphs will be colour-corrected and fully edited, but will not be heavily retouched. If you wish to have specific editing on any photographs (included, but not limited to the following: heavy correction of make up, environmental effects, closed eyes, clothing, reflections in glasses, removal of objects, or any other excessive editing), the Author will accommodate you and will quote you an hourly editing fee of €250 to accomplish this task. Up to a maximum of 10 images can be enhanced further to include minor object removal and other digital enhancements. 

Article 16. In the unlikely event that the assigned Author is unable to perform to the guidelines of this contract due to an injury, illness, act of God, denied entry, theft or other cause beyond the control of the Author, the Author will make every effort to secure a replacement photographer acceptable to the Client. 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 event.

Article 17. The Author reserves the right to terminate coverage and leave the location of the wedding if the Author experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the wedding; or in the event that the safety of the Author is in question.

Article 18. The Author will make every reasonable effort to handle all digital photographs of the event on a minimum of two (2) separate digital storage units simultaneously after the wedding. This limitation of liability also applies to any loss or damage of photographs , or failure to deliver photographs for any reason.

Article 19. Any additional goods ordered by the Client must be paid for in full at the time of ordering. Titles to all goods remain with the Author until paid in by full by the Client.

Article 20. The Author retains the copyright to the images under Irish law. However, this Agreement allows the Client to use images in unlimited form and number, but solely for non-commercial purposes.

Article 21. A hot meal is very much appreciated and shall be provided by the Client during full day coverage only. It will be consumed while the Client and their guests are dining in a location, separate from the wedding guests.

Article 22. Upon receipt of the digital media, both physically or online, the Client accepts all responsibility for archiving and protecting the photographs. The Author is obliged to archive images for 1 years from the date of the delivery of files. The Author is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the digital media provided. It is the Client’s responsibility to make sure that digital files are copied to new media as required.

Article 23. The Author hereby agrees to deliver photographs in digital form within 8 weeks after the event date specified in this Agreement. 

Article 24. The Client is obliged not to pass the photographs to the other wedding service providers (caterers, wedding organizers, etc.) without the prior written permission of the Author.

Article 25. The contracting parties have read, understood and agreed upon the terms and conditions of this Agreement by signing it.

Article 26. This Agreement is made up of multiple identical digital copies. Each Party retains one (1) copy of the Agreement.

Article 27. To the extent that the performance by the Author of its obligations under this Agreement involves the processing of personal data (as defined in the Date Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR) (as amended, revised or replaced from time to time) on behalf of the Client, the Author agrees:

• to process data solely in accordance with the instructions of the Client and the terms of this Agreement;

• to implement and maintain such technical and organisational security measures as may be required to comply with the Author’s data security obligations under the DPA and GDPR;

• to notify the Client or any wedding guest of the Client and obtains its prior written approval to the transfer of personal data to a country or territory outside of the European Economic Area; and

• to enter into such other written agreement in respect of the processing or transfer of personal data as the Author may require.

Article 28. 28.1. Unless you indicate otherwise, I will deem your instructions in respect of this wedding photography contract to constitute as appropriate consent for the maintenance and processing of your personal data under the provisions of the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

28.2. The data protection representative is Clare Frances Faissal, whom you can contact through www.cfphotographer.com

28.3. For my clients, we process your data:

• in order to provide you with wedding photography; and

• in order to provide you with wedding photography advice.

28.4. The legal basis for the processing of this data is processing necessary for the performance of a contract to which you are a party.

28.5. Where we process special categories of data relating to you, e.g. race or ethnic origin of a data subject, that we may process in connection with your wedding pictures.

28.6. There may also be limited circumstances where our legal basis for processing is based upon your written consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time. You must give us notice that you are withdrawing your consent.

28.7. You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:

• right to access the data – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.

• right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.

• right to erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.

• right to restriction of processing or to object to processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.

• Right to data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.

28.8. If I am processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.

28.9. In order for us to process your data on the basis of consent, please sign the signature block below confirming I am permitted, based upon your consent, to process your data.

28.10. If you are unhappy with how we. process personal data, we ask you to contact us so that we can rectify the situation.

28.11. You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.

28.12. If you do not provide us with your information for the purposes described above, I cannot provide you with wedding photography or photography advice and/or services.

 

    IN THE MATTER OF GENERAL DATA PROTECTION REGULATION (GDPR)

    AND DATA PROTECTION ACT 2018 PROCESSING NOTICE

    CONSENT DECLARATION

    aged 18 years and upwards DO SOLEMNLY AND SINCERELY DECLARE as follows: