CONTRACT AND GENERAL TERMS & CONDITIONS
1. Fyzal Photography cannot secure your date without a booking fee.
2. A £295-£495 (depending on package) **NON-REFUNDABLE** booking fee is required to secure your date (see 2A below). Once we have received the booking fee, we will not take any other photographic booking on that day. The remaining balance is due 30 days prior to your wedding date. A late payment fee of £25 will apply for payments made after 30 days.
2 (a) A deposit/booking fee is used to reserve the photography services on a particular date. It's the money paid for an exchange in promise. So, that deposit, because it is used as consideration to hold that particular date to perform those particular services, is deemed earned once the photographer stops advertising and stops taking bookings for that date. So that is a done deal at that point. And that's why those deposits or booking fees are non-refundable because the performance has already been completed. It also covers admin work already undertaken (telephone conversations, emails, face-to-face and virtual appointments, booking and contract creation + other admin duties relating to your wedding). This portion of the contract is fulfilled.
3. The final cost of package would depend on the specific requirements of the client.
4. Booking fee payments are to be made via BACs online bank transfer only and are non-refundable.
5. Fyzal Photography will undertake no other photographic booking on the day of your wedding and this disclaimer is to cover loss of business due to our commitment to the client. If a client cancels after wedding photography services have been paid, no refund shall be given. Should a client reschedule their wedding date, they should inform Fyzal Photography in writing. This will be classed as a cancellation and a new booking form would need to be completed. If rescheduling is necessary prior to this then your deposit can be transferred to your selected date. Should a cancellation happen no monies would be refunded. In the event of a scheduled wedding not taking place due to unforeseen circumstances, no money will be re-funded.
6. Fyzal Photography will recover the cost of accommodation and fuel expenses where a wedding booking is at a distance of 100 miles. It may be necessary to travel on the evening prior to the wedding to avoid traffic etc. It may also be necessary to stay overnight where a wedding runs late. The cost of accommodation shall be reimbursed from the client with regards to late and distant weddings. Accommodation and fuel expenses also apply to pre-wedding sessions outside a 15 miles radius of postcode DL16.
7. Fyzal Photography cannot be held responsible for images and photography sessions being disrupted due to adverse/unfavourable weather conditions.
8. Fyzal Photography will not be held responsible for the lack of coverage caused by the bride and groom, wedding party or guests not being on time or interfering or restricting the photographer’s duty.
9. If the photographer(s) from Fyzal Photography are unable to fulfil the role of wedding photographer on the day due to any unforeseen circumstances, a full re-fund will be given to client but no further liability will be sought with respect to this agreement. This limitation shall also apply in the event that photographic equipment is damaged, lost, stolen, camera malfunction or any other damage through no fault of Fyzal Photography.
10. Fyzal Photography will not be held responsible for venues having restrictions that prevent images being taken (e.g. church, hotels, reception venues etc).
11. Any announcement made that will affect your photography and the day (timings, venue restrictions etc) should be notified as soon as possible in writing to Fyzal Photography.
12. Any circumstances not brought to our attention that affect the outcome of the wedding photography will not be the responsibility of Fyzal Photography.
13. A map should be provided if necessary for directions and contact details of all vendors should be provided, Fyzal Photography will not be held responsible for being misinformed.
14. All prices and packages are subject to change. Prices are adjusted periodically. Future bookings will be priced at the time of booking.
15. Payments for album are to be made upon proofing confirmation to Fyzal Photography. Your album will not be started until fully paid. Proofing confirmation should be returned within 3 months of receipt of your images.
16. Future re-orders will be charged at the present days prices.
17. Shipping charges will apply where necessary.
18. Proofing galleries expire 6 months after your wedding. A charge of £25 pcm will apply to re-activate the gallery. Digital images are offered in a digital folder/pack and available to download from our 'WeTransfer' channel. Digital download packs expire after 7 days from upload. A charge of £25 will apply to recreate, re-upload and store the download pack for a further 7 days.
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EXCLUSIVITY & PHOTOGRAPHY GUIDE
19. Fyzal Photography shall be the exclusive photographer retained by the client.
20. Family and friends are permitted to take photographs as long as they do not disturb, disrupt or interfere with the photographer’s duties.
21. The photographer has the right to kindly ask the person obstructing to refrain from doing so, in order for Fyzal Photography to carry on their duties. It is a good idea if your guests are aware of this before hand. It is our duty to provide you with a exclusive service.
22. Formal/Group & Specific Photographs - Fyzal Photography must be made aware of any particular photographs of guests or wedding details that are required. A list of specific family members and guests will be requested for the formal photographs. Fyzal Photography will not be held responsible for photographs not captured as a result of the client failing to supply this information. The formal shot list will be discussed in greater detail during the final details meeting.
23. Candid Photographs – Fyzal Photography will not be held responsible for not capturing candid photographs of specific guests. Due to the nature of these shots (natural, not posed images) we cannot guarantee that we will photograph everyone due the changing situations/environments within a wedding..
POST PRODUCTION, PROOFING & QUALITY
24. Due to technical processing Fyzal Photography cannot guarantee exact colour matching. Fyzal Photography may take no responsibility for the slight colour change from proofing to final completed images. Under no circumstances can we guarantee that the colour of the proofs supplied and the colour of the final images in the book will be exactly the same. In most cases, due to the fact that the proofs are proofs (low quality) and not final high resolution printed photos, the quality of our images will exceed the quality of the proofs, due to the work of colour correction, density, colour balance, and sharpness individually applied to them at the time of design. To colour match the printing machine monitor with the PC monitors of the designers, the machine and monitor of the photographer and/or the clients that view the preview would be simply impossible. Furthermore, printing the same image on different types of paper also results in variations in colour. Clients must therefore be prepared to accept a reasonable degree of shifting in colours. We will NOT replace books due to slight differences in colour, as this is not considered to be a manufacturing fault. The good news is that nearly all our clients are more than happy with the quality of the final print, and in fact many have noticed that there are images in the books look far better than the proofs supplied. However we feel compelled to make this official disclaimer in order to prevent possible misunderstandings. Page Layouts and manipulations have different colour tones to that in the proofing. Pages and images need to complement each other so colour changes may be necessary.
25. Clients should be aware that colour dyes in photography might fade or discolour over a period of time due to inherent quality of dyes and insufficient care and preservation of prints and albums. Fyzal Photography will not be liable for degradation of images due to poor handling and insufficient care.
26. All albums need to be kept at room temperature, stored in a box away from heat and direct sunlight. All listed will reduce the life of your album and images. Fyzal Photography accepts no liability or responsibility for the deterioration of photographs and albums.
27. Fyzal Photography will not be held responsible for damage of albums and prints that were dispatched undamaged.
28. Fyzal Photography will not be held responsible for customer disappointment of agreed album and images as long as they are technically acceptable and will face no liability.
29. All digital cosmetic enhancements shall require written authorisation, this shall be required before printing commences. Extensive enhancements other than basic spot/blemish removal (i.e. skin softening, hair work, tattoo removal, body reshaping and sculpting and colour replacement) will be chargedat a rate of £25 per hour and require specific written instructions and authorisation.
30. Fyzal Photography cannot be responsible for print selection errors.
31. Fyzal Photography will take no responsibility for albums that have incorrect images due to client selection error.
32. Digital Storybook Albums should be handled with care. In case of mishandling or negligence, books may be repaired or replaced at the client’s expense.
33. Any digital images supplied to the client will be the original proofed images. We do not re-edit images that have already been edited and proofed. This applies to all of our packages including digital only packages and royalty free images supplied with any album package.
34. High resolution royalty free digital images are not watermarked and printable up to size 7x5 (300dpi). Fyzal photography does not supply full size high resolution royalty free images. The images supplied are the original proofed images that are presented in the proofing gallery.
35. Album design and amendments. You have a maximum of 20 changes/amendments in total to the album drafts provided. After the 20 changes, a charge of £1 will apply for each change/amendment.
COPYRIGHT & AGREEMENT
36. Fyzal Photography reserves the right to use your images for any form of advertising to promote their company including printed material (i.e. show albums, exhibition banners and leaflets) and web based promotions including website portfolio galleries, blog, social media including Facebook and Instagram. This also includes wedding magazine features, hotel brochures and competitions.
37. Fyzal Photography requests that you respect copyright laws and do not cut/copy images from our website/Facebook page or remove any watermarks from the images. Any images we see that are copied/cut from our website/Facebook page and posted on Facebook or any other website (florists, cake, hair, makeup etc) without prior consent will be reported and removed for breach of copyright. All of our images are digitally tagged and we take copyright infringement very seriously. We want you to show off your images and there are many ways you can share your images without breaching copyright. If you are unsure about our copyright and copyright laws please contact us as we're happy to advise.
38. Copyright and ownership of images is retained by Fyzal Photography.
39. All of the above agreements apply to all of our work.
40. Any breach of this agreement will constitute a reason for non-completion of the job with no liability to the photographer.
CANCELLATIONS & TRANSFERS
What if we decide to cancel or reschedule our wedding for any reason (incl. health, act of god, pandemic etc)
41. Due to our commitment to you and to cover loss of business, if you decide to cancel your wedding due to any unforeseen circumstance, the following cancellation charges apply...
Up to 31 days: 100% Full payment.
Up to 3 months - 75% of package.
Up to 5 months - 50% of package.
6-12 months - 25% of package.
12+ months - Booking fee/deposit payment.
It is OK to reschedule your wedding, your booking fee/final balance can be transferred to your new date. If the new date is not available, the booking fee or final balance WILL NOT be refunded. Every attempt must be made to work with us to rearrange your wedding. At least three dates must be made available so we can at least try to fulfil our obligation as your wedding photographer. All cancellations and transfers must to be put in writing to us as soon as possible.
Privacy Policy
Introduction
Fyzal Photography are committed to safeguarding the privacy it's website visitors and customers. This policy applies where we are acting as a data controller with respect to the personal data of Fyzal Photography website visitors and customers and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed.
Effective date: May 24, 2018
Fyzal Photography ("us", "we", or "our") operates the www.fyzal.com website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.fyzal.com
Definitions
Service
Service is the www.fyzal.com website operated by Fyzal Photography
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Fyzal Photography uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
If you are from the European Economic Area (EEA), Fyzal Photography legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
Fyzal Photography may process your Personal Data because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
To comply with the law
Retention of Data
Fyzal Photography will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Fyzal Photography will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Fyzal Photography will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Fyzal Photography may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
Fyzal Photography may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation
To protect and defend the rights or property of Fyzal Photography
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Fyzal Photography aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where Fyzal Photography relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
Questions, comments and requests regarding this Privacy Policy are welcomed and should be emailed to: info@fyzal.com
We are registered in England and Wales under registration number 8692145. Our registered office is: 8 Adelaide Row, Seaham SR7 7EF. United Kingdom.