Terms and Conditions

Updated September 2020

In the following terms & conditions “the photographer” shall mean Phillipa Walker-Brown trading as Pears Photography. “The client(s)” shall be those persons defined as bride and/or groom on the booking form. These terms and conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the photographer in writing.

These terms and conditions can always be found on website and may change without notice. It is your responsibility to check our terms and conditions on our website before making an enquiry related to our terms and conditions.

1. Law

These Terms and Conditions shall be governed and construed in accordance with the Laws of England.

2. 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, Designs and Patents Act 1988. 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 permission of The Photographer/s in writing. Our clients can however reproduce, print, display our photos for personal use.

3. Display

The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

The photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Pears Photography employees.

4. Liability

The Photographer shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer’s liability (if any) shall be limited to rectifying such defect.

5. Personal Accident

Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot. 

6. Licence

The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographers’ judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.

7. Photographs and Images

All photograph and image sizes are nominal. The Photographer will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Pears Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Pears Photography cannot accept any responsibility for this gradual image deterioration. All pictures purchased are presumed to have been received in good condition unless the Client notifies Pears Photography in writing of any discrepancy or error within 14 days of receipt.

The photographer will provide a reasonable representation of your wedding day in a digital photo format view-able on-line and via USB. The photographer cannot be held responsible for any images that are missing in your personal view from your wedding. Although Pears Photography will try to provide an accurate representation of your wedding day in photography, the photographer cannot be held responsible for a photograph that you assume would be taken. In some cases, the photographer may not be available should something spontaneously happen at your wedding due to not being able to cover all areas at once, in other cases an error by guest may have hindered the photographer’s ability to capture a specific photo. If there is an obvious photo that you had expected the photographer may have made an error in rare circumstances and will not be held responsible for minimal errors.

All group photographs that are expected or requested are to be organised by yourselves or by a guest at your wedding, most commonly a member of the bridal party. The photographer is not responsible for any group photographs that had not been organised or photographed.

Pears Photography is not responsible for your personal interpretation of your final edited images, Pears Photography will photograph and edit your photos in a similar manor to portfolio images, in some cases different weather and locations can dramatically change the appearance and editing of images. Pears Photography will not be responsible for photographic content, people’s expressions, building and decor appearance, and any other content in the images.

8. Payments

A non-refundable booking fee of 20% of your package price is charged when the client(s) agrees to this contract. The fee is deducted from your final balance. The final payment must be paid in full 21 days before the wedding date or the date agreed between the client(s) and Pears Photography.

9. Force Majeure

The photographer will endeavour to put the client(s) in touch with another photographer in the event they are unable to attend the wedding date due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding etc. In the event of cancellation by the photographer or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.

If your wedding is unable to go ahead in any capacity due to flooding, fire, pandemic, we will transfer any payments made to a new date should you reschedule your wedding. If we are not available on that date, we will refund any payments subject to the standard cancellation fees. Refunds may be paid in instalments, a payment plan will be set up.

10. Cancellations

If the client(s) should have to cancel the booking, the following applies:

  • On or before 12 weeks of the wedding date: loss of 20% deposit
  • Within 12 weeks of the wedding date: 50% of the final payment
  • Within 6 weeks of the wedding date: Full Payment

The clients are advised to take out appropriate insurance to cover any expenses incurred in the event of cancellation.

11. Prices

All services and/or goods are supplied at the current prices ruling at the time of each individual payment and are subject to change without prior notice. The photographer is not VAT registered so VAT is not quoted (nor is it charged).

12. Refund Policy

The photographer will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions.

Refunds for package items included are non-refundable, even if you decide part of your package is no longer needed. Albums and pre wedding shoots are to be paid for in full if requested upon booking in your package. Your photographs may be held by Pears Photography until payment in full is given for your package.

13. Change of Date

If you would like to change the date of your wedding a fee of £50 is applied to a new date in addition to your existing package. If we do not have your new date available, any payments already made are subject to our standard cancellation policy.

If your new date is more than 12 months from your original date, you may have to re-book your wedding with our current price list for that new date. Wedding dates moved within 12 months of your original date will be kept at the original package price. 

14. Complaints

Any complaints should first be raised by the client with the photographer in writing within 14 days from the date of receipt of images.

15. Albums

Any albums included in your package cannot be later removed from your package unless it is more than 3 months before your wedding with at least 1 weeks’ notice. Any discounts applied to your package for including an album will be reversed should you change your package contents and added to your balance. 

16. Discounts

Any discounts added to your package will be reversed if you decide to change your package details. Package details cannot be changed less than 3 months before your wedding and without at least 1 weeks’ notice.

The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Thank you both for choosing Pears Photography to photograph your wedding day. I will do my very best to create beautiful memories for you both to cherish from your special day.

Keep Smiling. Love P x

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