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Terms and Conditions General

(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. 

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

Copyright Notice 2010
Please respect that all images contained in this website remain the property of Totally Photographic unless written permission is given.

(2) These terms and conditions

These terms and conditions were made using an SEQ Legal precedent created for http://www.template-contracts.co.uk and available on http://www.website-law.co.uk.

(3) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.


You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).


(4) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without 
limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent. 

(5) Restricted access

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.  

We may disable your user ID and password in our sole discretion without notice or explanation.

(6) User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).  

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(7) Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations and exclusions of liability

Any persons who represent Totally Photographic, insist that all photographic images provided, are checked immediately on receipt by the client, and that they are confirmed to be correct before used in any form of business, advertising, or any another purpose. Any persons who represent Totally Photographic will not be responsible for any corrections or liabilities of any kind after the images have been used for any form of business, advertising, or any another purpose. If any adjustments to any images are required, Totally Photographic will need to be informed of this, before the images are used in any business form, advertising, or for another purpose. If you proceed to use our services, you are agreeing to these conditions of business.

To the extent that the information and services from Totally Photographic are provided, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, direct or indirect or consequential loss or damage.

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(10) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(12) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

(13) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

(14) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(15) Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(16) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

(17)
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Totally Photographic and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will Totally Photographic be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Totally Photographic. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Totally Photographic takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Every effort is made by Totally Photographic to provide accurate and true images to clients. We recommend to all clients that all images supplied by Totally Photographic are checked thoroughly regarding trueness and correctness and that the images are only used in any form of marketing/advertising after doing so. Totally Photographic, in no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from any images supplied by Totally Photographic and it is the clients responsibility to ensure that all images are correct and true before using in any form including marketing, advertising or any business or private usage.

(18) Our details


The full name of our company is Totally Photographic, providing packshot, Video, drone services, commercial product photography, wedding, event photography and general photography.

You can contact us by:





(19)
National coverage throughout the whole of the UK mainland.
Coverage locally in York, Leeds, Bradford, Hull, Beverley, Wakefield, Huddersfield, Scarborough, Bridlington, Whitby Yorkshire

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Terms & Conditions Wedding Photography

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Totally Photographic Weddings
Stamford Bridge, York, YO41 1QR

These Terms & Conditions form part of the agreement between Totally Photographic Weddings (“the Photographer”) and the Client(s) named on the booking form. This agreement is governed by the laws of England and Wales.

1. Booking & Payment

1.1 A booking is confirmed only upon receipt of:

  • A completed and signed booking form/contract; and

  • A non-refundable booking fee of £200.

1.2 The booking fee secures the wedding date and is deducted from the total balance.

1.3 The remaining balance is due no later than 28 days before the wedding date.

1.4 If the balance is not received by the due date, the Photographer reserves the right to cancel the booking and retain the booking fee.

2. Cancellation

2.1 If the Client cancels the booking:

  • The booking fee is non-refundable.

  • Cancellation more than 90 days before the wedding: no further payment required.

  • Cancellation within 90 days: 50% of the remaining balance is payable.

  • Cancellation within 30 days: 100% of the full balance is payable.

2.2 If the wedding date is changed, this will be treated as a cancellation unless the Photographer is available on the new date. An administration fee may apply.

2.3 If the Photographer is unable to perform due to illness, injury, death, or other unforeseen circumstances:

  • All monies paid will be refunded in full; or

  • A suitable replacement photographer may be offered (subject to Client approval).

Liability is limited to a full refund of payments received.

3. Coverage & Schedule

3.1 Services will be provided as outlined in the agreed package.

3.2 The Client agrees to provide a confirmed schedule at least 14 days before the wedding.

3.3 The Photographer cannot be held responsible for missed photographs due to:

  • Delays in the schedule

  • Venue or registrar restrictions

  • Poor weather

  • Guest interference

  • Failure of key individuals to appear or cooperate

4. Creative Style

4.1 The Client acknowledges they are familiar with the Photographer’s style and agree that images will be produced accordingly.

4.2 The Photographer retains full creative control over:

  • Composition

  • Editing

  • Retouching

  • Image selection

4.3 Specific requested images are not guaranteed but will be attempted where reasonably possible.

5. Image Delivery

5.1 Final edited images will typically be delivered within 6–8 weeks. During peak season this may extend to 10–12 weeks.

5.2 Images are delivered in high-resolution JPEG format via online gallery or digital download unless otherwise agreed.

5.3 RAW files remain the property of the Photographer and will not be supplied.

5.4 The Photographer retains the right to select the images delivered.

6. Copyright & Licence

6.1 Copyright of all images remains with Totally Photographic Weddings in accordance with the Copyright, Designs and Patents Act 1988.

6.2 The Client is granted a non-exclusive, perpetual licence for personal use only. This includes:

  • Printing

  • Sharing with family and friends

  • Posting on personal social media

6.3 Images must not be altered, filtered, or edited without prior written consent.

6.4 The Photographer may use images for:

  • Portfolio

  • Website

  • Social media

  • Advertising and promotional purposes

Unless the Client requests in writing (prior to the wedding date) that images remain private.

7. Limitation of Liability

7.1 The Photographer will provide services with reasonable care and skill in accordance with the Consumer Rights Act 2015.

7.2 In the unlikely event of total photographic failure, loss, or corruption of digital files, liability is limited to a full refund of all monies paid.

7.3 The Photographer is not liable for indirect or consequential loss.

7.4 Nothing in this agreement limits liability for death or personal injury caused by negligence.

8. Equipment & Backup

The Photographer uses professional equipment and maintains backup cameras and storage systems. Reasonable steps are taken to safeguard images; however, in the event of loss due to circumstances beyond reasonable control, liability is limited to monies paid.

9. Meals & Breaks

The Client agrees for the Photographer and any assistants to consume food or drink refreshments ongoing as and when required.

10. Travel & Expenses

Travel within 40 miles of York is included. Additional mileage, accommodation, or parking costs (if required) will be agreed in writing prior to the event.

11. Force Majeure

The Photographer shall not be liable for failure to perform obligations where such failure is due to events beyond reasonable control, including but not limited to:

  • Severe weather

  • Personal health

  • Fire

  • Flood

  • Government restrictions

  • Vehicle breakdowns

  • Pandemic

  • Acts of God

12. Complaints

Any concerns must be raised in writing within 14 days of image delivery. The Photographer will endeavour to resolve complaints promptly and professionally.

13. Governing Law

This agreement is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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