STANDARD BOOKING TERMS AND CONDITIONS – KOH PHOTOGRAPHY
“Photographer” shall mean Koh Photography or, subject to the provision 8(b) below, any photographer(s) appointed by Koh Photography.
These terms and conditions between the Photographer and Customer (“Standard Terms”) shall apply to any purchase made by the Customer for the photography and videography services, including but not limited to, photography & videography shoots and placement thereof on the web site www.koh-photography.com The Standard Terms, along with the applicable Order Form, shall constitute the agreement between the Photographer and Customer with respect to the specific photography project (the “Agreement”). If the Customer arranges for a third party to meet the costs under this Agreement, the Agreement remains with the Customer. The Due performance of the Agreement is subject to the Standard Terms below and cannot be varied in any way by the Customer unless expressly agreed by Koh Photography in writing.
a) Payment for print orders is requested at the time of placing the order. Title or any inference of ownership of the photographic prints or other products does not pass to the Customer until full cleared payment is received. Prices quoted the website or by quotation are valid for 30 days, after which the prices may vary. Prints are sold un-mounted.
b) Digital image files are retained for 4 years. Online galleries will be removed after approximately 1 year. Supplied CDs, DVDs & memory cards are guaranteed for 12 months and recommend that they are backed up immediately upon receipt, such backups and copying is fully included in the creative license that accompanies the CD , DVD or memory card.
c) After the event the Customer will be given a session ID and Password for access to the Customer’s online gallery to view and purchase the Customer’s photographs. This will be valid for approximately 1 year.
d) Retouching and / or digital manipulation will be done to proportion of the images that are selected for inclusion in the Customer’s album.
e) The Customer’s online gallery will be available for viewing no later than 28 days after the Event. If you have chosen a bespoke album design, this will be ready within 8 -12 weeks from the date of your final image selection. If you have chosen to have your images on disk only this will be sent to you within 6 weeks of the date of the event.
f) Delivery of prints ordered and purchased online is between 2-4 weeks from date of order.
g) Koh Photography will performed a standard amount of retouching to the photographs that are delivered to the client to a quality of which Apix Photography is satisfied with. Further retouching, digital manipulation and artist finishing is available at extra cost to the client.
h) Video shooting and production will carried out by Wedding Films Asia on behalf of Koh Photography.
i) Expenses for travel and accommodation will be detailed in your quotation.
j) A hot meal and refreshments will be provided for the team and crew if the shooting day is longer than 4 hours.
k) Delivary of video and photography will be within 15 – 45 days from the daate of your wedding / shoot.
Under the, Copyright, Designs and Patents Act 1988 the Photographer is the author and initial owner of the copyright in the images he/she takes for the Customer. To copy these images, or allow them to be copied, by any means photographic, by computer, internet or otherwise, by any person or machine other than by the photographer or his appointed agents requires permission of the Photographer. However a full licence to copy and print images is included with the presentation CD/DVD. All original images remain the property of the Photographer.
The Customer hereby allows the Photographer to display any images covered by this Agreement and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media without any remuneration being due to the Customer or any people featured in the photographs, provided that the images are used lawfully and without damage to the Customer. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries. If the Customer does not wish to be bound by the conditions as above please inform Koh Photography in writing, using the contact details on our contact page.
4. Licence and Coverage:
a) The Photographer shall be granted artistic licence in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Customer´ requirements, the Photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct.
b) For bookings involving a church ceremony or at certain other venues, photographers´ movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony may be restricted or prohibited, as may the use of artificial lighting. The Photographer cannot accept responsibility for limited coverage in such cases.
c) Whilst the Photographer shall endeavor to fulfill all the Customer´ requirements, Koh Photography cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
d) Any alterations made to the booking by the Customer once details have been confirmed may only be made at the discretion of the Photographer. If unable to accommodate alternative arrangements (such as the change of ceremony date or venue) the Photographer is not liable to compensate the Customer(s) in any way whatsoever.
5. Image / Video Reproduction:
a) Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographer will endeavor to achieve a pleasing overall colour balance based on natural flesh tones.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Koh Photography will endeavor to ensure that all images and correctly colour balances with the correct tonal range where technically possible.
c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not be compatible with all DVD players, particularly older models.
e) All print and presentation sizes quoted are approximate and subject to the discretion of the Photographer.
f) For Wedding video productions, Koh Photography / Weddings Films Asia will create a video as a private and personal representation of your wedding day experience.The music incorporated within this video will be requested by you as this is something special for your wedding day memories.Samui Channel Production has no control over, and assumes no responsibility for, the content, privacy policies, or practices of
any third party. This video is meant for personal and private use only and any breaches of copyrights law in relation to the music
used on the video will be responsibility of you, the client and not the production company.The highlight clip is only available on a private link on youtube or vimeo.
g) Koh Photography / Wedding Films Asia will do everything possible to get the style of wedding video types as requested. However, it is
not always possible to get exact style and this can vary according to availability at the time and location.
6. Payment and Prices:
a) A non-refundable deposit is required to secure the photographer´s services for the day, with the remaining balance due within 4 weeks prior to the Event or at the pre-wedding consultation (This is detailed on the quotation)
b) Prices agreed at time of booking will be guaranteed for services specified on the quotation.
c) If a photography only package is ordered, the album production and supply can be added at later date, but the published price at the time of booking maybe subject to change.
d) Reprint prices are subject to change without notice.
e) Travel is chargeable and overnight accommodation may be required for some weddings and will always be detailed on your quotation.
(All travel and accommodation costs to be agreed between the Photographer and the Customer before the booking is finalised )
7. Force Majeure: If, as a result of an act of God, force majeur, public emergency, restriction imposed by law or for any other cause beyond the Photographer’s reasonable control, the Photographer is unable to provide services to the Customer hereunder, the Photographer shall not be in breach hereof but the Photographer shall be authorised to substitute a reasonably satisfactory date and time to provide services and if no such time is available the time charges allocable to the omitted services will be waived. The Photographer shall not be liable for inability to provide services or fulfill the Agreement in those circumstances.
a) In the event of cancellation of the provision of services by the Photographer, the Photographer´s liability shall be limited to a full refund of any deposits and fees paid. Re-shoots may be arranged if practicable but the Photographer will not be responsible for any further costs.
b) The Photographer will endeavor to contact other photographers in the unlikely event that he is unable to attend your booking, due to unforseen circumstances i.e., injury or illness. However, it may prove difficult or impossible to find a skilled replacement photographer at short notice or at the same price. Koh Photography can call on the services of a number of different professional photographers to cover such unlikely event.
c) If the Customer should have to cancel a booking the following cancellation fees will become due immediately:
– C1. The Customer is entitled to a full refund of the deposit if they withdraw within 2 days of booking.
– C2. The booking deposit will be forfeited if cancellations made after 2 days after the booking, and until 3 months prior to the Event.
– C3. Cancellations between one and three months prior to the Event date incur a charge of 75% of the basic photographic service booked, but no charge for any optional extras or additional attendance.
– C4. Cancellations made within one month of the Event incur the full cost of the basic photographic service booked, including optional additional attendance. There will be no charge for optional extras.
d) Where the Photographer is able to rebook the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable deposit only and any additional cancellation fees already paid will be refunded accordingly.
e) In the event of the Customer’s postponement, Koh Photography will make every effort to accommodate Customer’s new Event date. Koh Photography reserves the right to apply reasonable additional re-booking costs to the Customer’s new booking.
f) 7. It is essential to inform the Photographer as soon as possible of any changes of venue, times, or contact details etc.
If any provision, or part thereof, of this Agreement as applied to any party hereunder or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this Agreement or part thereof, or the validity or enforceability of this Agreement.
Any notices given hereunder shall be in writing and shall be given by personal delivery, mail, e-mail, telex or telecopy at the respective addresses of the parties hereinabove set forth, or such other addresses as may be designated in writing by either party to the other party.