Navid Mughal Photography Terms & Conditions
1. DEFINITIONS In these Conditions
Album means printed photo albums ranging in different sizes and quality. Album details will be noted on the Booking Form under “Additional Information” where applicable;
Balance means the remainder of the monies due excluding payments made;
Booking Fee/Deposit means approximately 30% of the Total price payable on signing this Contract;
Deposits paid means deposits for any product additional to photography packages offered by Navid Mughal Photography;
Client means the Bride and/or Bridegroom;
Contract means the Booking Form signed and dated by Navid Mughal Photography and the Client;
Event means the wedding in it’s entirety and to include the venues;
“Navid Mughal Photography”
Navid Mughal Photography means Navid Mughal and his respective assignees, sub-licenses and successors in title;
Collection means Wedding Photography Package;
Party means Navid Mughal Photography or the Client;
Photo means all negatives and electronic images and prints created by Navid Mughal Photography;
Information Sheet means the document setting out important details of the timings and people at the wedding “Total” means cost of package and additional items chosen.
Total means cost of package and additional items chosen.
It is agreed that this Contract will govern the terms and conditions on which Navid Mughal Photography will take images of the Client’s Event and it is agreed for the sake of certainty that this Contract, together with any written representations made by Navid Mughal Photography, set out the total Contract between the Parties. No variation or modification of this Contract shall be effective unless agreed by both Parties in writing. On signing of this Contract by the Client hereto, together with receipt of the booking fee, Navid Mughal Photography will reserve the time and date agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the Event becomes cancelled for any reason. We agree that Navid Mughal Photography has the sole rights as the professional photographer on the day of the event.
3. BOOKING FEE*
The Booking Fee is charged when the Client signs this Contract. The booking Fee is payable within 14 days of receipt of the Contract. The Booking Fee is non-refundable. The Booking Fee is deducted (in full) from the total price as calculated by totalling the fee due for the Package (‘Total’).
4.1 Any changes made to Collections booked and the agreed Total price after receipt of the signed Contract must be made within 90 days from the date shown on the Contract. No changes to the booked Collection are permitted after the 90 days have lapsed, including the Total price of the Collection. 4.2 All engagement and wedding photography outside of postcode SN10 4BJ radius subject to additional travel and parking costs where applicable. These charges will be presented to the client in advance and agreed upon in advance. 4.3 The free, no obligation consultation is available either in person (if logistically possible) or via Skype or FaceTime. 4.4 Engagement shoot location to be discussed in advance and within 30 miles of postcode SN10 4Bj. Distances greater than 30 miles subject to additional travel and parking costs where applicable. Engagement shoot includes up to 10 digital high res and social media ready images to share copyright free. 4.5 Photo Booth bookings subject to time restrictions or booking a 2nd photographer for your wedding.
5. DEPOSITS PAID
Deposits paid for any product offered by Navid Mughal Photography; including wedding albums & prints but excluding wedding photography packages, are non-refundable. All deposits paid are deducted (in full) from the total price of the product.
Following payment of the Booking Fee the 2nd installment fee is due to be paid on or before and no later than 180 days prior to the Event. Where the booking date is less than 180 days the 2nd Installment fee is due to be paid on or before and no later than 90 days prior to the Event date. The remaining balance is due to be paid on or before and no later than 30 days prior to the Event. No photography will take place and no rights are granted until timely payment is made in full. Late payment fees may apply chargable at 4% interest p.a. on the balance due. Payment for any additional products, photos and expenses not included in the Collection is to be made when they are ordered for the prices stated upon order or shown as Additional Items on the Booking Form. Additional products, photos and expenses are those not included in the Package. Payment for products ordered through Navid Mughal Photography must be paid in full before delivery.
Navid Mughal will endeavour to get all the important Photos for your Event but due to the nature of photographing live events, Navid Mughal Photography cannot promise nor guarantee any specific Photos on the day of your Event and will not be held liable. Navid Mughal Photography cannot be held responsible for the lack of coverage caused by the Client or other members of the Event party not being ready on time, nor by restrictions placed on Navid Mughal Photography by officials of the church, registry office or licenced marriage venue. Navid Mughal Photography does not guarantee any specific picture nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. Navid Mughal Photography is limited by the guidelines of the ceremony official or venue management. The Client agrees to accept the technical results of their imposition on Navid Mughal Photography. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. Navid Mughal Photography will offer technical recommendations only. It is the sole responsibility of the Client to check professional photography is not prohibited in any of the venue/locations or where you choose to hold your Event. Any prohibited photography is not the responsibility of Navid Mughal Photography and no monies will be refunded in whole or in part.
A hot meal must be provided for Navid Mughal Photography for any photography services of 5 hours or over. If a meal is not provided, Navid Mughal Photography is entitled to a meal break in which they can leave the Event for up to 1 hour and expenses will be charged to the Client.
The Client hereby allows Navid Mughal Photography to display Photos taken pursuant to this Contract in their studios, business premises, portfolios, literature, website, wedding exhibitions and advertising. No use of the Photos will be made by Navid Mughal Photography for any other commercial reason except with written permission of the Client. For the avoidance of doubt, all copyright in the Photos is owned absolutely by Navid Mughal Photography throughout the world within the provision of the Copyright, Designs and Patents Act 1988. It is contrary to this Act to edit any image using Photoshop or any image editing software or copy or allow to be copied photographically, electronically or by any other means any Photos created as part of a Contract between Navid Mughal Photography and its Clients without the express permission of navid Mughal Photography. Reproduction is subject to the following restrictions: All images supplied by Navid Mughal Photography may be printed and/or displayed online for personal use only. This release is not transferable to others. Where an image displays a logo no cropping or removal of the logo is permitted.
10. COLOUR MATCHING AND SIZES
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 Photos, Navid Mughal Photography will endeavour to achieve a pleasing overall colour balance based on natural flesh tones. It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions and where photo filtering has been applied to enhance or create a mood to the image. 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. Due to the limitations of computer monitors it is understood that Photos may appear differently according to the specification of each monitor and that prints will not match Photos rendered on any particular computer monitor.
Further retouching, digital manipulation and artiste finishing is available to the Client as an optional extra for an additional price to be agreed. Birthmarks, beauty spot and other distinguishing marks are not retouched or removed unless requested. An additional charge may apply.
12. PHOTO GALLERY, PHOTO PRINTS & WEDDING ALBUMS
12.1. The final wedding Photo gallery can take up to 4-10 weeks to prepare and supply to the Client. 12.2. Navid Mughal Photography will supply all the best images selected from all the raw digital images taken on the day. No images are held back to ensure The Client will receive all images deemed usable by Navid Mughal Photography. Once the final image gallery has been produced, all unusable raw images will be deleted from Navid Mughal Photography servers and computer systems. Raw image files are not available to The Client at any time. 12.3. Photo selections for wedding albums must be finalised by the Client no later than 180 days from the date the wedding album gallery goes online and the client has been notified. Once the final wedding Photos selection have been approved by the Client and the sing-off form has been returned to Navid Mughal Photography, the completion of wedding Albums can take an additional 4-8 weeks for completion and delivery. No further changes can be made after final sign-off approval has been received by Navid Mughal Photography. The images selected and the preview design of the album will be carried out by Navid Mughal Photography. Once the preview album design is complete Navid Mughal will invite the client to a private viewing and review. Navid Mughal Photography will supply the Album and number of pages that has been ordered subject to any variations that the Client may make. 12.4. Any variations or upgrades over and above that originally ordered by the Client will be charged at the rate current at the time of commission, and will be included in the final Total. 12.5. Where applicable, any promotional discounts applied to the purchase of a wedding album and/or photo prints either at the time of booking or after the wedding date, will be valid for 180 days only from the date of purchase. Discounts will no longer be valid for wedding album and/or photo print orders placed after 180 days of your wedding date. 12.6. All album and print costs payable in full before any print and album production is carried out.
All reorders shall be treated as an extension of this Contract and will be charged for at Navid Mughal Photography prices prevailing at the time of reorder. No responsibility for error will be accepted unless orders are given in writing.
14.1 Navid Mughal Photography shall be granted artistic licence in relation to the poses photographed and the locations used. Due to the vagaries of weather and the willingness of the subject(s) it may not be possible to capture all of the Photos requested by the Client. 14.2 No less than one month prior to the date of the Event the Client shall supply the Information Form to Navid Mughal Photography. 14.3 Navid Mughal Photography shall use all reasonable endeavours to take those Photos specified by the Client persuant on the Information Form. 14.4 Notwithstanding the provision of clauses 7.1, 7.2 and 7.3, if, for any reason, Navid Mughal Photography deems it unreasonable in the circumstances to take the Photos which have been requested in the Information Form then Navid Mughal Photography shall exercise their discretion and take such Photos as they consider appropriate in the circumstances. 14.5 If, in the reasonable opinion of Navid Mughal Photography, the Client does not provide a written list of sufficient detail to enable Navid Mughal Photography to comply with the Information Form (or if the Client does not provide such a list at all), within the timescale detailed at 14.2 then Navid Mughal Photography may exercise their discretion and take such Photos as are agreed with the Client. 14.6 On its own behalf, and on behalf of the subject: the Client acknowledges that it is familiar with Navid Mughal Photography’s portfolio and is requesting services with knowledge of Navid Mughal Photography’s style; that Navid Mughal Photography’s work is constantly evolving; that Navid Mughal Photography’s services are of a unique and artistic nature; that the Photos may be different from Photographs taken by Navid Mughal Photography in the past; and that in creating the photos, Navid Mughal Photography shall use their personal artistic judgement to create Photos consistent with their personal vision of the Event, which vision may be different from the Client’s vision of the Event. Accordingly, the Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or esthetic criteria. Navid Mughal Photography cannot be held liable under this Contract where the Client is unhappy with the composition of any Photos where Navid Mughal Photography have complied with their obligations under clause 7.
15. DATA PROTECTION
The Client agrees that information may be kept on a database with Navid Mughal Photography and WILL NOT be passed to any third parties.
16. FORCE MAJUERE (ACT OF GOD)
A Party shall not be deemed in default of this Contract, nor shall it hold the other Party responsible for, any cessation, interruption or delay in the performance of its obligations (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the Party, provided that the Party relying upon this provision: gives prompt written notice thereof, and takes all steps reasonably necessary to mitigate the effects of the force majeure event. If a force majeure event extends for a period in excess of 180 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.
17. LIMITATION OF LIABILITY
Neither party shall be held liable to the other for any losses that the other suffers as a result of breach of Contract unless those losses are a foreseeable consequence of the breach. Every effort is made to ensure Navid Mughal Photography equipment used throughout the event is in full working order. Due to the fast nature of a wedding event, if any equipment does unknowingly fail during the event, which may cause loss of images, Navid Mughal Photography is not held liable. Every effort will be made to rectify any failure issues at the event, if known at the time only.
18. WEATHER AND/OR DELAYS
Weather permitting, the Photos will be taken as agreed. In the event of inclement weather Navid Mughal Photography, in co-operation with the Client, will make the necessary changes to the Specifications and will do their best to produce coverage of the wedding within the time allocated to them. Similarly, when delays occur due to circumstances outside of Muse Photography’s control, Navid Mughal Photography will stay on beyond the agreed time but may charge an additional fee for extra time involved.
19.1 The Client may cancel this Contract at any time after it has been signed by sending written notice to Navid Mughal Photography. 19.2 If the Client notifies Navid Mughal Photography more than 120 days before the date that the Event is due to take place then Navid Mughal Photography shall reimburse the Client the Total cost as is more particularly detailed in clause 19.3 If the Client notifies Navid Mughal Photography that they wish to cancel the Contract at any time less than 120 days of the Event date then the amount of the cost that Navid Mughal Photography shall be entitled to shall be calculated in accordance with the table below (detailing the amount Navid Mughal Photography is entitled to). In the event of cancellation of this Contract the Booking Fee is non-refundable.
19.4 In the event of Navid Mughal Photography having to cancel photographing the Event, due to severe medical illness, or other emergencies it may be necessary to retain an alternative photographer. Navid Mughal Photography will make every effort to secure a replacement photographer of the same professional standing and ability, able and/or willing to provide a similar package as chosen in this Contract at the same/similar cost. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return to the Client of any fees paid, including the Booking Fee. This limitation on liability shall also apply in the event that photographic materials are lost, stolen or otherwise damaged within or beyond Navid Mughal Photography’s control. The Client agrees that an entire Event can not be replicated, re-enacted or repeated for the purpose of a re shoot and limits Navid Mughal Photography’s liability to the amount paid under this Contract. The limit of liability for a partial loss of the Photos shall be a prorated amount of the exposures lost on the percentage of total number of Photos offered in the chosen Package
Should the cancelled Event turn out to be a postponment, then subject to availability on a new date, monies other than the Booking Fee may be applied to the new Event
21. THE PHOTOS
The Photos created by Navid Mughal Photography shall remain the property of Navid Mughal Photography who will undertake to store all digital images safely and make them available for future reproduction. Photographic prints will become and remain the property of the Client. However the Client specifically acknowledges that ownership of prints does not imply ownership of the copyright in the images on them, or any right to reproduce, further edit in any way, or authorise the reproduction of, such Photos. The client will be supplied with only the final high resolution JPEG images at 9″ x 6″ equivalent print size, selected by Navid Mughal Photography after careful selection and editing of the original RAW digital files. The quality of images printed by Navid Mughal Photography are guaranteed for colour and print quality. Navid Mughal Photography is not liable for any images printed by any external companies used by the Clients. RAW format images will not be released to the Client at any time.
22. MODEL RELEASE
The Client hereby grants to Navid Mughal Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish Photos of the Client or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Navid Mughal Photography and its legal representatives and assigns from all claims and liability relating to said Photos.
The Client shall notify Navid Mughal Photography in writing within 21 days of receipt of the final Photos if they have a complaint regarding an issue which would be obvious within that 21 days period or otherwise, as soon as possible after the issue giving rise to the complaint has become apparent setting out the nature of the complaint in sufficient detail to make it clear to Navid Mughal Photography the nature and reason of the complaint. Navid Mughal Photography shall aim to resolve the complaint in a timely and understanding manner.
24. GOVERNING LAW AND JURISDICTION
The Parties agree that this Agreement and any dispute arising under or in any way connected with the subject matter of this Agreement (whether of a contractual or tortious nature or otherwise) shall be governed by and construed in accordance with the laws of England, and the parties submit to the jurisdiction of the English Courts.
Navid Mughal Photography reserves the right to amend these Terms and Conditions without prior notice.