Sigi Photos Terms of Service
The following Terms and Conditions apply:
“Business” shall mean Sigi Photos;
“Client(s)” shall mean “You”, the Parties to the Contract;
“Event” shall mean the Event title inserted into the Contract;
“Photographer(s)” shall mean Sigi Photos;
“Products” shall mean any discs, albums or other items listed in the Contract;
“Services” shall mean photography to be carried out at the Event and any other Services agreed upon between the Client(s) and the Photographer and set out in the Contract;
It is agreed that the following terms and the Contract set out the entire agreement made between the parties and that no variation or modification of the contract shall be effective unless agreed by both parties in writing. Each party acknowledges that, in entering into the agreement, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions.
Booking Fee
The Photographer(s) will confirm the Event, Date, Time, and Services upon receipt of cleared funds regarding the Booking Fee. The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.
Payments
The Business will be in contact with you approximately 4 to 8 weeks before your event if possible to arrange a pre-event appointment if this is deemed necessary. Any remaining balance is to be paid by that meeting date.
All payments must be received in cleared funds before the Event.
Following payment of the Booking Fee, the balance of fees due is to be paid as follows:
- The same amount as the booking fee is due 12 months before the Event date; the remaining balance is due by the pre-event meeting or 30 days before the Event if a pre-event meeting is not held.
- Payment for any additional images or products must be made at the time of order.
Failure to make payment by the dates stipulated may result in cancellation. Bank Transfer payments may be accepted by prior arrangements.
Late payments will attract an administration charge of €10.00. No photographs, videos or albums will be delivered until all payments have been received in full in cleared funds. Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.
License and Coverage:
The Photographer(s) shall be granted an artistic license in relation to the poses photographed and the locations used. Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgment regarding the location, poses, and number of photographs taken shall be deemed correct and not subject to dispute.
For events involving a church ceremony or at certain other venues, the Photographer(s) movements are sometimes restricted by the priest, minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting. The Photographer(s) cannot accept responsibility for limited coverage in such circumstances.
While the Photographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) cannot be held responsible for the non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and should be agreed in writing. Where the Photographer(s) is unable to accommodate alternative arrangements (such as a change of ceremony date and or venue) the Photographer(s) are not liable to compensate the Client(s) in any way whatsoever.
Use and Display of Images
The Clients hereby allow the Photographer(s) to display any images relating to the Contract and to generally promote the Business in the Photographer(s) portfolio and by means of advertising, publicity material, websites, apps,, social media, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s). By signing this contract, you consent to the use of such images. Images placed in password-protected galleries within the website are not available to the general public in the normal course of events. Other than via the password-protected gallery, the Photographer(s) agree not to resell any image to a third party other than with prior written consent.
Image and Reproduction
All print and presentation sizes quoted are approximate and subject to change at the Photographer's discretion(s) and may be subject to slight variation. While every effort will be made, the Photographer(s) cannot guarantee exact colour matching and is not held responsible for any colour variations which may occur due to light and location variations.
Due to the limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specifications of each monitor/computer and that prints may not match images rendered on any particular computer monitor.
Where images are made available for use on a USB Memory Stick, reasonable steps are taken to ensure compatibility, but you acknowledge that USB may not play on all USB Memory Stick players, including those within computers. Where applicable, you may also have your own personal video platform so you can share the videos and download them if you wish.
Only quality USB Memory Sticks are used, and each is checked before delivery. However, it remains the responsibility of the clients to check for in-transit damage. The Photographer(s) cannot be held responsible for damage to equipment resulting from defective media.
Retouching
Retouching, digital manipulation and artist finishing are available to the Client as an optional extra.
Reorders
All reorders shall be treated as an extension of the Contract, and no responsibility for any error will be accepted unless orders are provided in writing.
Products
In the event that a product (such as an album) is no longer available, a suitable alternative of similar quality will be offered. The Photographer’s choice of an alternative will be deemed as correct and acceptable to the Client(s). Any surcharge resulting from the order of a new product following a rejection of a replacement will be the Client's responsibility(s).
Ownership
Any negatives and digital files shall remain the sole property of the Photographer(s) at all times.
All completed albums and products shall remain the property of the Photographer(s) until full payment is received.
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 Related Rights Act, 2000 and remain the copyright of the Photographer(s) at all times unless there is an express written agreement to the contrary. It is contrary to the Act to copy or allow an image created as part of this contract to be copied photographically, electronically, or by any other means without the written permission of the Photographer(s).
Substitution
In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, the Business reserves the right to appoint another suitable Photographer(s) to attend the Event on its behalf to undertake the photography to their best ability.
Insurance & Limitation of Liability
The Photographer(s) will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of total photographic failure or cancellation of this Contract by either party or 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 any indirect or consequential loss.
Force Majeure
The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Photographer(s) attend an Event to perform the Services, and any of the Parties fail to attend.
Cancellation
The Photographer(s) may have to cancel their Services for the Event due to circumstances beyond their control. The full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible, a re-shoot may be arranged (if practicable); however, the Photographer(s) will not be responsible or liable for any additional costs incurred by the Client(s).
Should the Client wish to cancel this contract at any time, a Notice of Cancellation must be given in writing to the Photographer(s). In such circumstances, the Client will be liable to pay the Photographer(s) the following sums-
- Notice received 365 days before the wedding date or more: Booking Fee only.
- Notice received less than 365 days, but more than 180 days: 25 % of the agreed balance due will be payable.
- Notice received of 180 days but more than 120 days: 50% of the agreed balance will be payable.
- Notice received of 60 days or less: 100% of the agreed balance will be payable.
Where no package has been selected on the original booking form, the agreed balance will be accepted as being €1,200, and the date of cancellation will be deemed to be the date the Photographer(s) receives a written Notice of Cancellation, as confirmed by the Photographer.
Where an Event is postponed until a later date, the postponement will be treated as a cancellation by the above payment structure. If the photographer can accommodate the date, a 50% allowance of the amount due will be transferred to that new date, and a new contract will be commenced.
Album Design and Print and USB Memory Sticks
A maximum of two edits will be included. Any extra edits will be charged at the current hourly rate. Once this has been agreed, it will be sent to the Album manufacturers for completion. No further editing can take place after this time, and the full cost of the album will be liable, and any further changes requested will incur extra costs.
The Business will not be held responsible for customer disappointment with the agreed album and images as long as they are technically acceptable, and the Business accepts no liability.
Clients should be aware that colour dyes in photography may fade or discolour over a period of time due to the inherent quality of dyes and insufficient care and preservation of prints and albums.
The Photographer(s) will not be held responsible for damage to albums and prints that were dispatched undamaged.
Due to technical processing, the Business cannot guarantee exact colour matching.
One set of album changes for the second proof is included with every package, after which a €30 charge per album proof is charged.
The Business will not be held responsible for the print selection, Name, Date or personal information errors after the album has been approved by the client and sent to print.
All albums, proofs, disks, etc., should be collected in person from the Business or an address confirmed by the client for delivery.
All albums and images need to be kept at room temperature and stored in a box, away from heat and direct sunlight; exposure to lighting and sunlight will reduce the life of your album and images. The Business accepts no liability.
The Business accepts no responsibility for the slight colour change from proofing to final completed images. Under no circumstances can the colour of the proofs supplied, and the colour of the final images be guaranteed to be the same.
The Business accepts no responsibility for the reliability of any postal or delivery service. Responsibility cannot be accepted for the loss or damage of mail, prints, albums, frames and disks, etc., that are sent through the post or delivery service. A courier service can be arranged; the client shall reimburse the Business for the charges incurred.
The Client must consult with the Business to approve the chosen images for an album and approve it before it’s sent to print. Errors after client approval are not the responsibility of the Business, and reprints are at the cost of the client.
The Business holds no liability in the event of loss of images or data and any other related medium. This is the failure of hard drives, theft, accidental damage, accidental deletion, fire and any other circumstance that results in the loss of images. All clients are to purchase their images digitally with 7 days after the Event to create personal backups for their own security.
GDPR-compliant Privacy Policy
Personal Data - Collect
The Business will record and store information including but not limited to details of the Event, names, email address(es), phone number(s) of you, your partner, your family, friends and other service providers where applicable.
How Personal Data is collected and Stored
When you contact me I ask that you fill in my contact form, which arrives in my inbox that is password protected. If you proceed with the booking, the information from the booking form will be stored. This data is stored on password-protected computers. If you enquire but don’t make a booking, your personal data from your email will be retained.
Right Of Confirmation, Access, Rectification & Erasure
If you have questions about how your personal data is handled, you can contact me. If you’d like me to delete your personal data, you have the right to request it.
Use of your Data
Your data will not be shared with any third parties, other than those parties that are required to provide the required Services to you.
Use of your Face-based Data
When it comes to photographs, photographers need to demonstrate reasonable and legitimate use. This is generally being interpreted as a photographer needing to display their work to show their product to attract new business.
Copyright ownership of photographs is covered in the terms and conditions on the Booking Form. It does not affect your GDPR rights.
I show my work primarily on this website but also on facebook and instagram.
Sometimes wedding venues and suppliers see pictures and want to put them on their website.
I store photos on hard drives in a secure location and with an online gallery provider that is GDPR compliant. This gallery may ask for your details if you wish to order prints or other services directly online. The GDPR compliance is the responsibility of that provider.
Cookie Policy
What Are Cookies
As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality. For more general information on cookies see the Wikipedia article on HTTP Cookies.
How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in cases they are used to provide a service that you use.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore, it is recommended that you do not disable cookies.
The Cookies We Set
• Email newsletters related cookies
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
• Forms related cookies
When you submit data to through a form such as those found on contact pages or comment
forms cookies may be set to remember your user details for future correspondence.
• Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
Third Party Cookies
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
• This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
Complaints
All complaints should be raised by the Client directly to the Photographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer will consider the complaint and shall respond to the Client within 14 days of receipt of the Complaint.
Notices
Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.
Governing Law and Jurisdiction
The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with Irish Law and that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim.