Weddings, civil partnerships, events, equestrian, commercial, etc.
Photographer based near Newmarket, available throughout East Anglia
Assignments are only accepted subject to these terms and conditions.
Wedding Photography Terms and Conditions
A non-refundable booking fee of £100.00 is required at the time of booking to secure your day. Payment should normally be made by bank transfer or using the PayPal payment icon on the Prices page. The remaining balance MUST be paid in full not less than 10 days before the date of the ceremony. Payment for any additional prints, albums or other items must be paid for when ordered.
In the event of the client cancelling a booking for wedding photography, Gordon Auld Photography reserves the right to charge a cancellation fee in accordance with the following scale
1) If cancelled more that 3 months prior to the wedding, 25 percent of the balance of the agreed fee
2) If cancelled between 1 and 3 months prior to the wedding, 50 percent of the balance of the agreed fee
3) If cancelled within 1 month of the wedding, 100 percent of the balance of the agreed fee
Weather and/or delays
Weather permitting, the photographs will be taken as agreed. In the event of inclement of weather, the photographer, in co-operation with the clients, will make the necessary changes to the schedule and will do his/her best to produce full coverage of the wedding within the time allocated.
Gordon Auld Photography cannot be held responsible for the lack of coverage caused by the bride, bridegroom or other members of the wedding party not being ready on time or being unwilling to be photographed, nor by restrictions placed on the photographer by officials of the church, register office or licensed marriage venues. Gordon Auld Photography will try our very best to honour all photographs requested by the client or their guests providing that the following factors are met; weather and allocated time permitting, availability and co-operation of the person/s concerned. Gordon Auld Photography does not guarantee any specific picture nor to include any specific background, location, props or group arrangement, although every effort will be made to interpret the Clients wishes.
All image sizes are nominal. Gordon Auld Photography will provide a pleasing colour balance but cannot guarantee exact colour matching owing to the technical limitations when processing film and paper and the anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film the exact colour as seen by the human eye. During your session we will automatically re-take any photograph where we can see someone has blinked but it is impossible to guarantee to see them all. The more people in the photograph the more difficult it is to see.
Travel/Accommodation & Meals
Generally speaking, if we travel for more than 50 miles or one hour on your wedding day, we request that the client pays towards our travelling and accommodation costs expenses if we feel this to be necessary. This will be charged at cost. Please discuss this when booking. It will be understood that the client will arrange with the hotel or venue, meals and drinks to be set aside for the Photographer during the early part of your wedding meal as we need to be around to photograph the cake cutting as it happens, and the speeches.
On occasions and without notice it may be necessary for the photographer(s) originally specified to be substituted by another photographer(s) e.g. due to ill health.
Limitation of Liability:
In the unlikely event that all or some of the photographs fail to materialise or if there is a total photographic failure due to reasons beyond their control the liability of Gordon Auld Photography will be limited to the refund of all monies paid. Neither party shall be liable for indirect or consequential loss. Your statutory rights are not affected
The copyright in all photographs created by Gordon Auld Photography shall remain the property of Gordon Auld Photography in accordance with the copyright, Designs and Patents Act 1988. Images are supplied for personal use, or for use in a personal portfolio and self promotion, with no resale rights. Copyright remains the property of Gordon Auld Photography.
Gordon Auld Photography reserves the right to use the proofs, prints, images and digital image files for display, promotional, sale and any other purpose without liability or compensation to the client or photographic subject.
All items ordered, including your CD or DVD, Photos and Album (if ordered) will usually all be posted to your UK address within 2 to 4 weeks of the event.
Any complaints should be raised by the client with the photographer/s in writing within 14 days of receipt of the images.
Commercial Photography Terms and Conditions
TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM Gordon Auld Photography
1. In this Agreement the terms
(a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(a) The entire copyright in the pictures is retained by Gordon Auld Photography at all times throughout the world.
(b) Gordon Auld Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Gordon Auld Photography grant of reproduction rights in respect thereof.
(c) Gordon Auld Photography asserts both the moral right to be identified as the author of the work and the right to a credit being asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Gordon Auld Photography any fee payable by the Client shall be subject to an increase specified by Gordon Auld Photography, and in any event an increase of not less than 25 percent
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Gordon Auld Photography invoice. An agreement must be reached with Gordon Auld Photography before the pictures are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Gordon Auld Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
The following terms are used when describing the reproduction rights granted by Gordon Auld Photography to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site.
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
(a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Gordon Auld Photography in writing of any loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within four weeks of the date for return then Gordon Auld Photography may in its sole discretion presume it to be lost.
(b) The Client shall be liable to pay compensation to Gordon Auld Photography in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Gordon Auld Photography upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. the Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.
(a) Once the Client has made a booking for a specific time and date, Gordon Auld Photography will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100 percent of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Gordon Auld Photography.
(a) Until Gordon Auld Photography has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Gordon Auld Photography is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Gordon Auld Photography may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client's right to reproduce a picture arises only when Gordon Auld Photography invoice relating to the grant of such right is fully paid - including interest charges levied on late payment of the invoice or invoices. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Gordon Auld Photography to rescind the Agreement and rendering the Client liable for the payment of damages.
(d) If payment is not made in accordance with (a) above then Gordon Auld Photography may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Gordon Auld Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(f) A fee of £ 20 (No VAT) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(h) Gordon Auld Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Gordon Auld Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
(a) Gordon Auld Photography will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Gordon Auld Photography.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Gordon Auld Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.
(a) While Gordon Auld Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify Gordon Auld Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Gordon Auld Photography.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Gordon Auld Photography gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Gordon Auld Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Payment should normally be made by PayPal, crossed cheque or BACS payment. BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.
Gordon Auld Photography are based in Red Lodge near Newmarket, available throughout East Anglia & surrounds - Suffolk, Norfolk, Cambridgeshire, etc.
Bury St Edmunds,