These terms and conditions were last updated on 3rd April 2024.
Terms and conditions
1. Exclusive Photographer. Megan Donati Photography photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the events. Family and friends of the Client shall be permitted to photograph the event as long as they shall not interfere with the Photographer’s duties and do not photograph poses arranged by the Photographer.
2. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. The remaining balance should be paid to the photographer in full thirty (30) days before the event date.
3. Cancellation. If the Client shall cancel after the deposit has been paid the Photographer has the right to keep the deposit for loss of work. If the Client shall cancel this Agreement within 6 weeks of the event date they owe the Photographer 50% of the full package price, if it is cancelled within 4 weeks of the event date the Photographer will keep 100% of funds for loss of work.
4. Photographic Materials. All photographic materials, including but not limited to digital media storage devices and photographic files, shall be the exclusive property of the Photographer. The Photographer shall provide an online gallery containing digital photograph files available to the Client. The client can their photos for personal use but not for business or marketing unless the photograher gives written permission. The files contained therein belong to the photographer, Megan Donati.
5. Copyright and Reproductions. The photographer reserves the right to use the Image(s) and Good(s) for any legitimate business purpose as they deem reasonable including but not limited to marketing/promotional purposes, use in their portfolio or on social media. Any Image(s) given to the Client can be copied and shared for their personal use, such as giving to friends and family. However, sale, publication or any commercial use of the Image(s) or Good(s) is strictly forbidden without prior written permission from the Photographer.
6. The photographer withholds an up-to-date public liability insurance policy and can show a certificate of this on request. The photographer has professional indemnity insurance and also will create multiple backups of images on the day and after the day on several storage devices.
7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer will provide an appropriate associate photograher. If neither of these options are available the photographer shall return the full amount to the Client but shall have no further liability concerning the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost through computer malfunction, or otherwise lost or damaged without fault on the part of the Photographer.
8. The photographer will ask for a timeline of the day and specific shots which the client would like captured. The photographer will do her best to capture all the images required by the Client. If there are time/weather restrictions and other events out of her control stopping the Photographer from capturing the images she shall not be held liable for this. The Photographer will do her utmost to make sure everything is captured on the day, however, some things are out of the photographer's control.
9. Travel & Accommodation. The Client will be responsible for payment of any additional expenses not already included within the Total Package Price. If there are any additional costs associated with the location the Client has chosen for their wedding, including but not limited to admission fees and parking, the Client will be responsible for those costs. The Photographer will not guarantee or arrange payment at any location. The total package price does not include any accommodation for the Photographer, which shall be an additional charge if deemed necessary. For the avoidance of doubt, the Photographer shall have sole and complete discretion in deciding whether accommodation is required whilst also having the freedom to choose their accommodation. This will be agreed upon before booking.
10. Force Majeure or Act of God. If the Photographer is limited or hindered from providing Services booked by the Client due to circumstances beyond its control, including but not limited to government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic and or pandemic, then the liability of the Photographer to the Client shall not exceed the amount paid by the Client for the Services. The Deposit shall be non-refundable, (being an approximation of the value of Services already rendered and or expenses incurred) and the Photographer shall (where the value of the Services already delivered to the Client or expenses incurred is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. The Photographer shall not be liable for any additional losses incurred by the Client in such circumstances. Whilst all equipment is regularly serviced and its performance checked, the Photographer will not be held responsible and shall not be liable if they are unable to deliver Services due to technical failure of the equipment.
11. Harrsament and safety. The Photographer has the absolute right at their discretion to refuse to continue with the provision of the Services and leave the location without penalty or refund to the Client if, at any time, the Photographer or any of their associates feel unsafe (concerning person and/or property) or are subjected to harassment, threats, abusive or otherwise inappropriate behaviours, or other hazardous conditions (whether from Client or others in the immediate environment).
12. Privacy. The Photographer respects the Client’s privacy and complies with the GDPR about the Client’s personal information.