Contract Information, GDPR&PRIVACY
Contract Form and Agreement, The contract will be sent to all couples as a Google document, along with a quick questionnaire a month before the wedding.
WEDDING PACKAGE AND SERVICES INCLUDED FOR THE FEE STATED ABOVE: ENTIRE AGREEMENT:
This agreement contains the entire understanding between JOD'Photography. and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
RESERVATION/DEPOSIT: A signed contract and reservation fee (deposit) are required to reserve the specified coverage. Deposit of €200 - non-refundable. PRE-EVENT CONSULTATION:
The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer’s judgment regarding the location poses and a number of photographs taken shall be deemed correct. Photographs taken during the course of the event will be at the discretion of the photographer, although every effort will be made to comply with the client’s requirements.
The photographer shall endeavor to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons. For a booking involving a church ceremony or at certain venues - the priest, minister, or hotel manager sometimes restricts the photographer’s movements. The area from which the photographer is able to cover may not be the photographer’s choice, and the photographer cannot accept responsibility for any obstructed view should this be the case.
The use of artificial lighting may also be restricted or prohibited. In addition, JOD'Photography. is not responsible if key individuals fail to appear or co-operate during photography sessions, or for missed images due to details not revealed to JOD'Photography: The couple agrees to set time before the ceremony commencement of the wedding, and after the ceremony for photographs. If either of the couple’s late arrival prevents this from occurring, the photographer shall not be held liable for failure to take desired photographs. The client and JOD'Photography. agree that cheerful co-operation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time.
There is a danger that guests can unwittingly spoil shots. This can be as simple as trying to repeat shots taken by the ‘official photographer’, distracting the subjects so the eyes are not looking at the camera, or floating into view on formal set-piece shots, or compromising the ambiance of scenes by the inappropriate use of flash photography.
The photographer James O Driscoll, JOD'Photography. can speak with the guest or couple or co-ordinator if appropriate. In some circumstances, coverage may be compromised or may have to be cut short. An inconsiderate guest, whether family, friend or other, can spoil the record of your special day – they need to be aware that you have hired a professional photographer in commissioning your wedding day. The activity of another professional, freelance or videographer or enthusiast hobbyist can endanger the quality of the final product. Please notify us beforehand with contact details – so that we can liaise with other parties and plan the shooting accordingly.COPYRIGHT:
This applies to the Irish Copyright & Related Rights Act 2000. Title to all images – photographic prints, transparencies or film, and digital or electronic images, and other material whether analog or digital hereafter called (‘The Works’), delivered to the client, remain the property of the photographer JOD'Photography.
The client shall not be permitted to copy, reproduce or sell in any manner of the ‘Works’ without the prior agreement of the photographer. In this case the photographer, James O Driscoll, JOD'Photography. has given full permission to receive all images on disc and permission to copy and print for friends and family.
This Copyright Act assigns the complete copyright of all images created by the photographer to the photographer James O Driscoll, JOD'Photography. It is, therefore, contrary/illegal to copy or allow being copied by any means photographic, hardcopy, by computer or internet or otherwise, by any person or machine other than the photographer James O Driscoll, JOD'Photography. or his appointed agents. EXHIBITION & PROMOTION USAGE: The client hereby allows the photographer James O Driscoll, JOD'Photography. to display all or any images covered by this contract, to generally promote the business in - advertising; brochures; web; magazine articles; trade; press; editorial; and other such materials – providing that the images are used lawfully and without damage to the client.
The client hereby allows all or any of the images to be entered into photographic competitions; exhibitions; galleries; publications; stock photography; and releases all claims to profits that may arise from use of these images. MODEL RELEASE: The client hereby grants and assigns to JOD'Photography. and its legal representatives, the irrevocable and unrestricted right to use and publish photographs of the client (wedding couple, wedding party) and other parties (guests etc) at this commission, in which the client or other may be included for - advertising; brochures; web; magazine articles; trade; press; editorial; and other such materials - and releases all claims to profits that may arise from use of these images.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, JOD'Photography. will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. JOD'Photography. takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond JOD'Photography's control, JOD'Photography's liability is limited to the return of all payments received for the event package.
The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. CANCELLATION FEES: In the event of cancellation, the security deposit paid is non-refundable. It shall be liquidated damages to JOD'Photography. in the event of a breach of contract by the client. The client shall also be responsible for payment for any additional materials or other charges incurred up to the time of cancellation. The client is hereby advised to take out an insurance policy to cover any expenses in the event of a cancellation. COMPLETION SCHEDULE: Digital Processing; Post Production; Proofing; Professional Laboratory processing; Album Creation and other services applied to this contract – will take approximately 8 weeks after Wedding viewing. Allow 30 days for delivery of additional orders thereafter. Once photos are provided to the client, JOD'Photography. is not responsible for maintaining a backup. COMPLAINTS: Any complaints must be received in writing within seven days of receipt of the products purchased. This includes photographs; proofs; discs; frames; and any other special services that have been agreed. Due to the nature of this photographic product/service, the photographer is unable to give exchanges or refunds after this 7 day period. I have read and understood the terms above. I hereby agree to the terms of this agreement set out. I understand that the terms of this agreement cannot be changed unless agreed by JOD'Photography. in writing. I hereby agree this contract becomes effective immediately. *
Client Galleries
JOD'Photography creates a dedicated client gallery for each client as part of the contracted services. These galleries are hosted externally by Pixieset.
Accessing a JOD'Photography client gallery necessitates the provision of personal data, specifically your email address and a password. Your email address will be stored within Pixieset’s system on their servers and will be utilized solely for communication pertinent to the specific client gallery accessed. This may include notifications regarding discount offers on gallery purchases. You may receive a maximum of four emails, sent solely during the 6-month period in which the gallery remains active. Upon the lapse of 6 months since the gallery's creation, it will be automatically deleted, and your email address will be expunged entirely from Pixieset’s system.
Only JOD'Photography will have access to your email address stored on Pixieset’s system. This information will be used exclusively for the purposes delineated above, with no additional marketing applications or dissemination to third parties. Pixieset’s technical support team may access your email address solely at the request of JOD'Photography, refraining from accessing or sharing this data otherwise.
By accessing a JOD'Photography client gallery, you are consenting to receive pertinent, gallery-specific communications as detailed above. These communications are automated. If you wish to refrain from receiving such communications, it is advisable to abstain from accessing any JOD'Photography client galleries. These galleries, hosted by Pixieset, will only remain live on the website for 90 days. After this period, they will be automatically removed. It's important to note that JOD'Photography will not be held liable if you haven't downloaded a copy of your gallery images within this timeframe. We ensure timely delivery of the gallery link, and the 90-day countdown begins upon sending.
Should you fail to download your wedding images within this 90-day period, and in the rare event that JOD'Photography does not have a backup of your wedding images, we cannot be held liable. We prioritize the security and accessibility of your images, but we advise clients to download and store their images promptly to avoid any potential loss.
GDPR
Under GDPR regulations, a photograph may sometimes qualify as personal data if it can be used to uniquely identify or authenticate an individual. JOD'Photography ensures that photographs are never taken for the purpose of unique identification or authentication without explicit consent. Guests attending weddings may appear in photographs captured by JOD'Photography as part of documenting the event visually. Individuals featured in portraits or group photos are included as participants in the event, and their rights are safeguarded according to this privacy policy.
Regarding GDPR compliance, the photography of wedding clients and guests falls within the legal framework of 'legitimate interests'. Photographing wedding guests is deemed necessary for the legitimate interests of JOD'Photography as a business, unless there are compelling reasons to prioritize the protection of an individual's personal data over these interests.
Operating within the guidelines of legitimate interests outlined in GDPR, the logistical challenge of providing privacy policy information to every wedding guest during the event, and the potential disruption to the photographer's duties, renders it impractical to do so. Therefore, wedding clients are asked to ensure that their guests review this privacy policy in advance of the event and to encourage them to communicate any concerns about the processing of their personal data, particularly regarding photography, beforehand.
Additionally, in compliance with GDPR regulations, it is essential that clients download their galleries in a timely manner, within 90 days of receiving the gallery. While every effort is made to ensure security, it's important to acknowledge the risks posed by hackers in today's digital landscape. Therefore, it's advisable to adhere to these guidelines to mitigate any potential security threats.
Social Media Policy and Usage
We uphold a Social Media Policy that prioritizes safety and responsibility. Although we maintain official profiles on various social media platforms, users are encouraged to verify the authenticity of these profiles before interacting with them or sharing any information. It's important to note that we will never request personal details through social media platforms. Users are urged to maintain appropriate conduct when interacting with us on social media channels.
Display of Images
JOD'Photography reserves the right to display any photographs for promotional purposes on the JOD'Photography website, blog, social media channels, wedding blogs, wedding photography-related websites, exhibitions, advertising materials, brochures, magazine articles, and other similar platforms. This display is contingent upon the lawful usage of the images and ensuring no harm is done to the clients of JOD'Photography. The rights of individuals depicted in these photographs are safeguarded in accordance with the provisions outlined in this privacy policy.
Aged 16 or Under
If you are under the age of 16, it is imperative that you obtain consent from your parent or legal guardian prior to disclosing any personal information to me.