Terms & Conditions
By booking Stephen McCluskey Photography for your wedding/event, you agree to the full Terms and Conditions below. All Terms and Conditions stated within this document override any Terms and Conditions from the client.
The following terms and conditions are set out to help all parties be aware of and clear about the services provided for their wedding/event and the responsibilities of all parties involved.
The Booking Form and these Terms and Conditions form an integral part of the booking contract and there will be no variation. By booking Stephen McCluskey Photography for your wedding/event, you agree to the full terms and conditions below. All Terms and Conditions stated within this document override any Terms and Conditions from the client.
1 – Invoice and Work Quoted
All work undertaken by Stephen McCluskey Photography will be delivered to the client via a detailed invoice before the day of shoots. The client is obligated to ensure that this, along with the full terms and conditions, is thoroughly read and understood prior to booking.
Any amendments or additional shoots or editing will incur an additional charge which will be invoiced to the client. All invoices must be paid for in full before the wedding/ event.
If any further work/shoots required on the wedding/ event day (which has not previously been approved) this will be invoiced after the wedding. Full payment will be due on receipt of the invoice. This includes, but is not limited to extra performances, surprises or events on the day (such as singing waiters, performances, pipe bands, fireworks etc) and delays which mean parts of the day (e.g the first dance) run later than planned. Any work out with the original agreement must be authorised by Stephen McCluskey Photography who reserve the right to refuse additional work.
2 – Payment and Prices
A non-refundable booking fee which will be detailed on your deposit invoice is required to secure Stephen McCluskey Photography’ services. Your date is not secure and can be booked by another client until the booking fee is received in full. Stephen McCluskey Photography will include any mileage/ travel fees and (if required) an accommodation fee within the original invoice supplied to the client. Stephen McCluskey Photography will not accept responsibility for any unforeseen additional travel/ accommodation costs which are not caused by them directly. The client will be liable to pay an extra charge in any such circumstances which will be invoiced via e-mail. If wedding/ event arrangements change or information is provided after the original invoice has been sent, additional travel and accommodation costs may be incurred. Payment for these costs will be due on receipt of the invoice. If Stephen McCluskey Photography need to arrange travel for the wedding/ event in advance such as accommodation and/or flights etc, payment for these may be taken at the time of booking. This will be detailed on the invoice. All payments taken in advance for travel and/ or accommodation are non-refundable.
Payments made to Stephen McCluskey Photography are non- refundable once they have been paid. The full invoice amount must be paid 30 Days before the wedding/ event by bank transfer. At Stephen McCluskey Photography discretion, the client may face a non-payment penalty as a result of not paying the full invoice amount 30 Days before the event. If payment is not received, Stephen McCluskey Photography will take this as a cancellation of the contract. In the case of a cancellation due to non-payment, the client will not be refunded the initial booking fee or any other money paid.
Payment methods – All payments to Stephen McCluskey Photography are to be made via bank transfer. The bank details for transfers will be stated on your invoice.
Stephen McCluskey Photography currently do not accept any other forms of payment such as credit/ debit cards or PayPal.
3 – Cancellation Policy
In order to cancel, where possible, the client who made the booking should e-mail info@smccphotography.com. The e-mail should include the name of the person who made the booking as well as the date and venue for the wedding/ event. Where possible, the cancellation should be sent from the e-mail address used to make the booking.
3.1 Cancellation by the client
If the client has to cancel a booking the following cancellation fees will be due immediately:
If a client cancels less than 8 weeks before the event, the full balance will be due.
If the client cancels less than 6 months before the event date, 50% off the remaining balance will be due. Payment will be due immediately after cancellation. Payment for any travel and accommodation costs which have already been booked such as hotels/ flights etc will be due on cancellation regardless of the when the cancellation takes place. If Stephen McCluskey Photography have taken payment for these from the client in advance, they will be non-refundable. Additional costs for travel and accommodation may be required if there is a change in date or times for the wedding /event.
3.2 Cancellation by Stephen McCluskey Photography
In the highly unlikely event of cancellation by Stephen McCluskey Photography for extreme personal reasons or unavoidable total equipment failure on, before or after the event, Stephen McCluskey Photography will offer a full refund of any booking fees paid. Stephen McCluskey Photography will not be liable for any further costs.
We strongly recommend that you take out Wedding Insurance to protect yourselves and your suppliers.
4 – Change of Shoots Dates
Stephen McCluskey Photography do not guarantee that they will be able to accommodate any change in shoots dates. If Stephen McCluskey Photography do not agree to a change in date this will act as a cancellation of the agreement and the cancellation terms (as stated above in section 3) will apply.
If a client cancels but wishes to re-book on an alternative date which is agreed by Stephen McCluskey Photography, their booking fee will be transferred onto the new date given that no additional costs are incurred by Stephen McCluskey Photography. If the date is changed, the original price/package quoted will no longer be valid. The client must pay Stephen McCluskey Photography current prices at the time of changing the date. The client will receive an invoice with the updated prices. Additional costs for travel and accommodation may be required if there is a change in date or times for the wedding / event.
In the event of the client wishing to change the shoots date a minimum of 30 Days’ notice is required. Failure to comply will result in the client becoming 100% liable for all cancellation fees and any costs incurred.
5 – Aborting Shoots (on shoot day)
In the event of shoots being delayed or aborted on the day for any reason full payment will still be due and no refund will be provided. If the wedding / event is rescheduled for a future date which is agreed by Stephen McCluskey Photography, the terms stated above in point 4 will apply.
6 – Travel Problems/ Delays
Stephen McCluskey Photography cannot be held responsible for any restrictions or delays which make them late for or entirely miss any part of the event. This includes, but is not limited to, travel restrictions, transport breakdown or problems, delays in transport such as trains, ferries and planes, traffic delays, breakdowns or accidents on the road, accidents involving Stephen McCluskey Photography, road works, road closures and extreme weather. This applies to travel to the initial venue, travel between venues and any time Stephen McCluskey Photography leave the venue throughout the day for example, for food if this is not provided.
7 – Weather
In the event of extreme and dangerous weather conditions, Stephen McCluskey Photography reserves the right to change the date of shoots to a more suitable day or cancel the contract. Stephen McCluskey Photography reserves the right to refuse to shoot or abort shoots where conditions (such as rain) may cause damage to their equipment or where the Photographers safety is compromised.
Stephen McCluskey Photography cannot be held responsible for weather or elements interrupting or interfering with their shoots. For example, wind noise interfering with lenses etc. If the client requests shoots outdoors (e.g an outdoor wedding ceremony), this may not be possible due to weather such as wind and rain which may interfere with shoots. Stephen McCluskey Photography reserve the right to abort shoots at their discretion any time due to weather which may damage their equipment. For example, if it starts to rain during shoots of a wedding ceremony. Stephen McCluskey Photography will not be held responsible for any missed footage or audio caused by shoots being aborted or interrupted due to weather or elements.
8 – Health and Safety
In all instances Stephen McCluskey Photography will reserve the right to cancel a booking or remove any of its Photographers and / or equipment from a location or refuse to shoot if it is deemed in any way unsafe for their health and safety or if they are subjected to abusive, aggressive, inappropriate or upsetting behaviour. Stephen McCluskey Photography is limited by the guidelines of the location site/venue management/government rules and client agrees to accept the results that may occur from said guidelines. The client will be liable for any costs incurred as a result of this and the cancellation fees stated in section 3 will apply. Stephen McCluskey Photography will always observe the client’s site safety rules and will liaise with the Health and Safety Manager if deemed necessary.
It is the responsibility of the client to ensure that all shoots locations are compliant with all current health and safety laws and restrictions at the time of the event and will not in any way risk the health and safety of Stephen McCluskey Photography. If at any point before or during the wedding / event the Photographers are made to feel uncomfortable or feel that the health and / or safety of them or their equipment are at risk, shoots will immediately be aborted. Stephen McCluskey Photography will take this as full cancellation of the contract by the client. No further work will be carried out and no refunds will be given. Determining what is abusive, upsetting, aggressive or inappropriate behaviour or unsafe for the Photographer’s health and safety is entirely at the discretion of Stephen McCluskey Photography.
9 – Access for Shoots & Restrictions
It is the client’s responsibility to ensure that Stephen McCluskey Photography have clear access to all relevant locations required throughout the day. It is also the client’s full responsibility to ensure that they obtain any licences and permission and pay all fees required for the recording of the wedding/ event. This includes, but it not limited to, licences/ fees for permission to shoot in certain locations/ buildings and for the recording of music by choirs etc. Any restriction for shoots must be passed on to Stephen McCluskey Photography before the event. Stephen McCluskey Photography will not be held responsible for any restrictions of their shoots e.g. location of equipment such as camera and microphones or shoots/ audio recording not being permitted which effect the final production. This includes people involved in the event/ shoot, such as officiants, refusing to wear microphones. While Stephen McCluskey Photography will always make every effort to ensure they have all the shots/ footage/ audio required in every situation. They cannot be held responsible for their view/ shoots/ audio being restricted or interrupted e.g. a guest/ staff member/ photographer/ supplier blocking their shot or interfering with their equipment e.g. knocking over a camera or microphone. This also includes background noise and guests (such as children crying/ shouting) interfering with audio. When shoots a live event such as a wedding Stephen McCluskey Photography have very limited control over the event and things may happen that are out with their control. No specific shots or audio are guaranteed to be shot/ recorded.
10 – Performers / Suppliers and Guest Agreement
Stephen McCluskey Photography will not be responsible for anyone who does not wish/ agree to be featured in the production. The responsibility rests with the client to ensure that all people featured in any Stephen McCluskey Photography production has given their full consent to be part of the production. No liability will be accepted by Stephen McCluskey Photography if the production has to be re- edited due to a performer/ guest/ supplier/ staff member/ speaker etc refusing permission to show their image in whatever form. If re-editing is required and has been agreed by Stephen McCluskey Photography, this will incur an additional charge which will be invoiced to the client and must be paid before any re-editing work will be done. It is the sole responsibility of the client to arrange any consent forms, gain full permission and pay any associated fees required for all persons and locations involved.
Stephen McCluskey Photography will assume that permission is granted from all people present unless otherwise specified and will not take responsibility for any sections of the production which must be omitted or restrictions in shoots due to people who do not wish to be shot. If there is a request to not shoot a person during the event, this information must be passed on to Stephen McCluskey Photography in advance. Stephen McCluskey Photography will try to shoot the event without including this person where possible, but it cannot be guaranteed.
11 – Booking Form
A separate booking form containing the details Stephen McCluskey Photography require before the event will be sent along with these terms prior to the wedding / event. This must be completed in full no later than 30 Days before the event. The client must ensure that all information provided on this form is accurate to the best of their knowledge and inform Stephen McCluskey Photography as soon as possible of any changes. The client should provide all requests or requirements they have on this form, even if they have discussed them previously. Stephen McCluskey Photography will use the information on this form only for all the details they need when shoots and editing the wedding/ event. Any information not requested on the form which the client feels is important such as timings, surprises or shoots requests (such as a specific part of the day or event) must also be provided to Stephen McCluskey Photography.
The client must inform Stephen McCluskey Photography of any surprises which will take place on the day (e.g secret singing waiters, pipe bands etc). Clients should ensure that the bridal party and all guests have access to Stephen McCluskey Photography contact details so they can make them aware of anything that may have been booked as a surprise for the client. Stephen McCluskey Photography cannot be held responsible for covering anything that they were not informed of and had agreed to shoot in advance.
Stephen McCluskey Photography cannot be held responsible for any problems or shoots missed due to errors, changes to the details such as times and locations provided or information not given.
12 – Copyright
12.1 – Copyright – Material shot by Stephen McCluskey Photography
The copyright of all material that has been captured by Stephen McCluskey Photography is solely owned by Stephen McCluskey Photography and is protected under UK Law. All footage/ audio recorded by Stephen McCluskey Photography is fully owned by and copyright of Stephen McCluskey Photography. All footage/ material/ media can be used by them for any purpose they see fit including use in promotional purposes and on social media for Stephen McCluskey Photography and other companies they own without further consent from the client or people featured. The footage may also be sold by Stephen McCluskey Photography. By agreeing to these terms and conditions, you give full permission for the use of footage/ material for promotional purposes including online and social media. All footage and audio owned by Stephen McCluskey Photography may not be used or edited in any way without the permission of Stephen McCluskey Photography.
12.2 – Copyright – Material provided by client
In the event of the client providing material (video, audio, photographs, logos etc) for inclusion in a Stephen McCluskey Photography production, copyright must firstly be obtained from the original copyright owner / material provider. This is the sole responsibility of the client to ensure full copyright permissions have been explicitly transferred to Stephen McCluskey Photography. The client will indemnify Stephen McCluskey Photography against any future possible claims, disputes, and expenses or similar that may arise for a third party concerning usage of such material.
13 – Licence and Coverage
Stephen McCluskey Photography shall be granted artistic licence in relation to the subjects recorded and the locations used. Although every effort will be made to comply with the client’s requirements, Stephen McCluskey Photography’ judgment regarding the location, position, shots taken, subjects, length of footage, audio recorded/ used, editing and colour grading shall be deemed correct. For bookings involving a church ceremony or at certain other venues, Photographer’s movements are often restricted by the minister/ officiant or person in charge. Therefore, recording of parts or even all of the ceremony/ event may be restricted or prohibited, as may the use of artificial lighting and audio recording equipment. The Photographers cannot accept responsibility for limited coverage in such cases. Whilst the Photographers shall endeavour to fulfill all of the client’s requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings which prevent the coverage of certain specified shots. When shoots a live event such as a wedding Stephen McCluskey Photography have very limited control over the event and things may happen that are outwith their control. No specific shots or audio are guaranteed to be shot/ recorded. Any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of the Photographers. If unable to accommodate alternative arrangements (such as the change of shoots date or venue), the Photographers are not liable to compensate the client in any way whatsoever.
14 – Exclusivity
When shoots an event, Stephen McCluskey Photography require complete exclusivity. No other professional Photographer (paid or unpaid) may shoot throughout the day and video footage may not be taken by any other supplier such as the venue, photographer etc. Guests may take short video clips/ photographs of the event provided that they do not interfere in any way with Stephen McCluskey Photography’ shoots, do not restrict their view/ shots and are not using professional equipment.
15 – Video Results
By booking Stephen McCluskey Photography the client is granting them full creative control over the outcome of the Images. Stephen McCluskey Photography will edit/ render/ colour grade and produce a final product, on the understanding that the client trusts Stephen McCluskey Photography to give them the best possible finished result. Stephen McCluskey Photography are happy to discuss special requirements or suggestions with the client, but these are not guaranteed. As Stephen McCluskey Photography edit and colour grade their images in a creative/ stylistic way, colours may be edited to give the images a creative look/ feel. Colours may also be affected by various factors on the day of shoots such as lighting. Stephen McCluskey Photography cannot be held responsible for problems caused by equipment which is not owned or operated by them which includes, but is not limited to problems with lighting etc.
16 – Delivery
Quality and colour of the images will vary depending on the TV, player, computer or device used to view them. Stephen McCluskey Photography ensure that each image is of high quality on their professional equipment and therefore, cannot be held responsible for the quality of playback on client’s devices.
16.1 USB
Wedding images are delivered on USB as standard. Stephen McCluskey Photography highly recommend that all clients take multiple backups of the files on their USB copy as soon as they receive it. Backups can be made by copying the files from their USB to a computer or other device. Stephen McCluskey Photography provide high quality USB drives, but despite this it is possible that the USB may fail over time or be damaged or lost by the client. Therefore, it is the full responsibility of the client to ensure they have backed up their files.
All copies are checked before dispatch, but it remains the responsibility of the client to check for in-transit damage. Stephen McCluskey Photography cannot be held responsible for damage to equipment resulting from defective media.
16.2 Online delivery
Stephen McCluskey Photography currently use Zenfolio for online delivery. To receive the online delivery a link will be e-mailed to the client. The client must then log in with the password provided.
By signing up to Zenfolio, the client will be agreeing to their terms and conditions/ privacy policy which Stephen McCluskey Photography has no control over and is not responsible for. Client’s should ensure they have fully read, understand and agree to these. Online delivery is not intended as a permanent copy of the shoot and may not always be available. The main copy of the images will be sent via USB which the client should backup for safe keeping. Stephen McCluskey Photography cannot be held responsible for any issues or problems caused by Zenfolio problems with the client’s account. The Images are watermarked by Zenfolio for copyright reasons only but will print Watermark Free.
17 – Amendments
Stephen McCluskey Photography has full creative control over all aspects of every Image. Amendments will only be carried out if agreed by Stephen McCluskey Photography who reserve the right to refuse amendments to their images. Revisions, amendments or any re-editing will incur an additional charge which will be invoiced to the client and must be paid in full before any amendments/ editing will be carried out.
18 – Production Time
The average production time for Stephen McCluskey Photography is approximately 4-6 weeks. These times may be more or less depending on the amount of work outstanding at the time. Stephen McCluskey Photography spend a lot of time and effort on their editing process and will never rush an edit, therefore production times are rough estimates are never guaranteed.
19 – Requirements on the Day of Shoots – Food Provided
On the day of shoots, if Stephen McCluskey Photography will be involved in shoots after the meal (shoots is not carried out during the meal), They would be very grateful to receive a hot meal and drink although on most occasions they do not require this as part of the terms and conditions. In some cases, Stephen McCluskey Photography will require food to be provided for both Photographers. Examples of these cases are:
· If the wedding/ event is remote locations or if there are not facilities such as a bar/ restaurant in the venue for them to purchase food.
If Stephen McCluskey Photography have agreed to shoot something which will take place during the meal such as speeches between courses or singing waiters.
In these cases, they require a hot meal and drink for both Photographers to be provided at the same time the guests will be having their meal. If food is not provided, Stephen McCluskey Photography may leave the venue while the guests are having their meal in order to get food. Stephen McCluskey Photography cannot be held responsible for any shoots missed while they are out of the venue or anything which delays them returning to the venue for example traffic delays, breakdowns or accidents on the road, accidents involving Stephen McCluskey Photography, road works, road closures and extreme weather.
20 – Samples of Work
Samples of Stephen McCluskey Photography work may be available to view online in the form of slideshows and single images. These samples are available to view as a very rough example of previous work undertaken by Stephen McCluskey Photography and are in no way a guarantee of the outcome or results of future work by Stephen McCluskey Photography. Each project (particularly weddings) is very different and Stephen McCluskey Photography will approach, shoot and edit each wedding or project in a way that they feel is most appropriate. There is no guarantee that the type of shots, layout, narrative and content of samples shown in previous work will be included in future work.
21 – Images Provided
The final edit of the images will be provided in the format which was agreed on booking (e.g. USB, Online Delivery). The agreed format cannot be changed after the wedding or project has been shot. No raw footage or unedited footage will be provided to the client at any time or under any circumstances. The final edited shoot will be the only footage provided to the client. Details of the shoots included in package booked can be found on the invoice provided along with a pdf of the All Day Package details. Stephen McCluskey Photography will aim to keep a final rendered copy of the production for at least 2 years after the shoots date although this is not guaranteed. All footage other than the final rendered copy of the wedding or project will be deleted after the production has been delivered to the client. Stephen McCluskey Photography highly recommend that all clients take multiple backups of the files on their USB copy as soon as they receive it. Backups can be made by copying the files from their USB to a computer or other device. Stephen McCluskey Photography provide high quality USB drives, but despite this it is possible that the USB may fail over time or be damaged or lost by the client. Therefore, it is the full responsibility of the client to ensure they have backed up their files.
22 – Complaints
In the unlikely event that a client should wish to make a complaint to Stephen McCluskey Photography, this must be done in writing to info@smccphotography.com. All complaints must be filed within 30 days from the date that the online copy of the shoot was sent by Stephen McCluskey Photography (All complaints, issues and grievances should be dealt with directly with Stephen McCluskey Photography. Clients may not share any details of complaints, issues or grievances publicly before, during or after the complaint, issue or grievance has been dealt with. This includes, but is not limited to, sharing or discussing any details of the complaint, issue or grievance with the media (newspapers etc), online or on social media.
23 – Packages
Please note that all packages are changed and updated regularly and therefore the information below or the current information available on the Stephen McCluskey Photography website (www.stephenmccluskeyphotography.com) may be different from the package booked. Please refer to your invoice which will have all the details of what is included in your package. The shots included in the product is completely at the discretion of Stephen McCluskey Photography who have full creative control over the shoots editing.