This pre-contract information pack is supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014.
This pack provides all the relevant information you need to know before entering into a contract with ‘Lee Brown Photography’.
In addition to the information below, you’ll also receive a personalised invoice showing a detailed breakdown of each of the features of your wedding photography package.
Consumer Information supplied in accordance with Schedule 2 & 3:
What type of contract is this?
This wedding photography contract is a ‘mixed’ contract which includes both ‘services’ and ‘goods’. The ‘services’ part includes but is not limited to the venue visit, engagement shoot, wedding photography coverage on your wedding day, and the processing and editing of files afterward. The ‘goods’ refers to the digital download of engagement shoot and wedding photographs and any soft book or album if these are included as part of your chosen wedding photography package.
Who is the contract with?
The wedding photography contract will be with Lee Brown, trading as ‘Lee Brown Photography’.
1 – Booking Fee – The booking fee of £300 secures the date, time and services of Lee Brown Photography for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. All cancellations must be in writing. Weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
2 – Payments – Following payment of the booking fee, the balance of fees due are to be paid one month prior to the wedding date. The price of the wedding package is guaranteed at the time of booking. All other products will be at the price current at the time of purchasing.
3 – Display – Unless decided with the client prior to the wedding, Lee Brown Photography may use any images included in this contract in their web site, portfolio, literature, display areas, exhibitions, competitions, advertising, slide shows or commercially.
4 – Completed Images – All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to various indoor lighting, anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres.
5 – Copyright – Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of Lee Brown Photography. It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of Lee Brown Photography.
6 – License – Lee Brown Photography shall be granted the artistic license in relation to the situations photographed and the locations used. The photographers’ judgment regarding the locations, poses, and the number of images taken shall be deemed correct. Due to the vagaries of the weather, time constraints and the willingness of subjects it may not be possible to capture all the images requested.
7 – Force Majeure or Act of God – The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
8 – Exclusivity – It is agreed and recommended that Lee Brown Photography is the only official stills photographer for your wedding day. Guests are free and encouraged to take photographs throughout the day however a ban and social media blackout is recommended for your ceremony.
9 – Travel – Excessive travel distances outside the North of England will incur a surcharge at an agreed rate. Travel times over 2 hours from Stockport may require overnight accommodation which will be discussed at the time of booking. Pre Wedding Shoots outside Greater Manchester will also incur a surcharge at an agreed rate.
10 – Interference – If any conditions arise which are interfering with proper photographing procedures, the photographer will make reasonable effort to proceed. If such interference continues, then it is within the photographer’s discretion to cease work.
11 – Safety – Lee Brown Photography is not insured for any work that may be deemed unsafe to clients, guests, himself or anyone working for Lee Brown Photography. This includes but is not limited to – working at height or underground, sparklers, fireworks, smoke bombs and anything else that may be considered out of the ordinary for a wedding photographer.
12 – 8 Hour Package – If chosen, the wedding day coverage shall be limited to 8 hours. At the discretion of Lee Brown Photography, a 30-minute leeway shall be applied should the wedding day timings fall behind schedule. Any coverage time over 30-minutes shall be chargeable at £120 per hour, please be aware of this when planning your wedding day schedule.
13 – Digital Files – After 12 months from your wedding date Lee Brown Photography will no longer be responsible for your image files. We recommend our clients make backups of all image files.
14 – Attendance – In the unlikely event of Lee Brown being unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability.
15 – Limitation of Liability – In the unlikely event of a total photographic failure, cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
16 – Cancellation – The Client may cancel this contract at any time by giving written notice to Lee Brown Photography but in doing so shall forfeit any monies paid.
17 – Cancellation Fees – If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:
Cancellation with more than or equal to 91 days to go until the wedding date, the booking fee of £300.00.
Cancellation with less than or equal to 90 days to go until the wedding date, full price for the complete photographic coverage booked. This is due to the fact that there is a highly unlikely chance of any other work being booked for that wedding date.
Where no package has been specified on the booking invoice, it will be deemed that the client(s) have chosen the Late Night Collection Package.
The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.
Where the photographer is able to re-book the date with an equivalent booking then the cancellation fee will be reduced to the booking fee.
What’s the geographical address?
The address of ‘Lee Brown Photography’ is 38 Dale Street, Stockport, Cheshire. SK3 9QA.
What’s the total price that I’ll be paying for my photography package?
The total price of your goods and services can be found on your personalised invoice. This will be supplied via email for you to check prior to signing. Please note, there is no VAT on the prices charged, so the price shown is the price you’ll pay.
Are there any package date limitations?
Due to wedding dates being at a premium over the summer months, the 8 Hour Package is not available to book Friday or Saturdays in June to September.
Are there any additional charges?
Extra services detailed within the brochure and are available to be added on at any time up until the time of the balance payment being made.
Wedding albums are available to be purchased after the wedding photographs are submitted to the client. Due to the customer’s choice typically being made after the supply of wedding photographs, these charges cannot be reasonably calculated in advance, but up to date guidance is provided within the current brochure.
When do I have to pay, and when do I get the photographs?
The payment is divided into a booking fee and a balance payment. The booking fee is due on booking and the balance is due one month before the wedding date.
File processing and editing will commence following the wedding date and shall be completed within 6 to 12 weeks The photos will be available to view and download from an online gallery once the editing is complete. A link will be sent to you via email.
Photographs will be available to download from your personal online gallery. If purchased, a USB drive containing the wedding photographs will be delivered via Royal Mail Delivery to an address supplied by the customer.
What if I have a complaint?
Any complaints should be made via email. Complaints will be responded to within 7 working days.
Do I have a right to cancel this contract?
Right to cancel; conditions, time limit and procedures in accordance with regulations 27-38. The consumer has a right to cancel at any time during the cancellation period without giving any reason, and without incurring any liability. A cancellation form is included in this pack, although any written form of cancellation is accepted including email or text. 30(1) The cancellation period ends at the end of 14 days after the day on which the contract is entered into.
If I cancel after 14 days, how much will I need to pay?
If the consumer exercises their right to cancel after having made a request in accordance with regulation 36(1) which stipulates the request must be in writing, the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4).
Cancellation costs for cancellation requests received after the 14 day period are as follows:
14 days after booking and more than or equal to 91 days before the wedding date: £300. (booking fee)
14 days after booking and less than or equal to 90 days before the wedding date: The balance payment stated on the invoice.
At what stage would I not be able to cancel?
The circumstances (under regulation 28) in which there is no right to cancel: ‘The consumer ceases to have the right to cancel a service contract under regulation 29(1) if the services have been fully performed, and performance of the service began (b) with the acknowledgment that the consumer would lose that right once the contract had been fully performed by the trader.
The digital image files (JPEG) are the ‘goods’ part of this contract. In accordance with 28(b) of the regulations, as the nature of the wedding photographs are ‘made to the consumer’s specification or are clearly personalised’ the digital image files (JPEG) are exempt from the consumer’s right to cancel.
What is the legal duty of Lee Brown Photography in this contract?
The service provided will be as advertised, and should Lee Brown Photography be unable to provide this service due to unforeseen circumstances including but not limited to injury or sickness, Lee Brown Photography is responsible for providing an equivalent service with an alternative photographer of an equivalent standard. The photographs supplied will be of a quality and style that is shown on my website and blog.
Is there after-sale customer service?
I offer an after-sales service available after the photographs have been delivered should the consumer require any help, support or advice with using the photos or arranging their own prints or other products with the photographs. There is no end date to this service, however, it may be limited in peak season months of July – September. Consumers are advised to contact me mid-week should they require after-sales service.
Is there a deposit to pay?
The booking fee is £300. The contract starts when this fee is paid by the consumer. This booking fee is not refundable after the 14 days cancellation period has expired.
Are there any technical protection measures? (Copyright):
The copyright of the images remains with ‘Lee Brown Photography’ as per the ‘copyright, designs and patents act 1988’. A license is granted within this contract which allows pictures to be reproduced by the consumer for personal use. Pictures should not be supplied to media or commercial businesses. Should a media or commercial business want to use the photos, please ask them to contact me directly. The quality of my photos is really important to me so I like to supply correct size files if they are being used on other supplier’s websites. Any commercial business that uses the images without express permission from myself may be liable to a fine.
Do I need any special hardware or software to view the photos?
The wedding photographs will be supplied in JPEG format via an online gallery. The consumer will require a computer, tablet or mobile device that supports a website browser.
As wedding albums are bespoke, handmade products that are individually commissioned for each couple they are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’, with that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to you. The albums I supply have a warranty, so should any defect or fault appear at a later date, the album can be returned to me to be repaired.
Album design is a collaborative process involving input from couples in choosing and sharing album photos with me and advising of preferences with design and customisation. The time involved in designing wedding albums can vary considerably depending on the features of your design. If your album design will feature lots of personalised elements, the process will be longer and require more input from you.
There may be software & printing limitations that will affect what changes are possible and should these affect you, I’d advise of this during the design process.
In the unlikely event that I’m unable to design your album to your preferences, my liability will be limited to a refund of the album cost, which will be shown separately on your contract.
Wedding Album Storage
Wedding albums are temperature and humidity sensitive and should be stored at room temperature and not in a loft or outbuilding. Warping of the pages can occur if they are stored below room temperature or in humid conditions. Page warping is not covered by the warranty, but if this does happen, pages should return to normal within a couple of weeks of correct storage. Wedding albums should be stored flat to protect the spine unless advised otherwise.
Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day the contracts start, which is the day the booking fee is received. To exercise the right to cancel, you must inform us (Lee Brown Photography, 38 Dale Street, Stockport, Cheshire. Sk3 9QA) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.