Terms of Service

TERMS & CONDITIONS
In the following terms & conditions “the photographer” shall mean BRIAN KIBET  trading as KIBET PHOTOGRAPHY.These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing. 

1. COPYRIGHT
i. The copyright Designs and Patents Acts assign the copyright of the images to the photographer.  

2. DISPLAY
i. 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. 

3. CREATIVE LICENSE, COVERAGE, AND REPRODUCTION
i. 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. 

ii. Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer/s will do their best to honor the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location, or group arrangements due to changes in weather and the availability and willingness of subjects.

iii. For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case. 

iv. Due to a variety of lighting conditions and the limitations of digital sensors, some colors may alter throughout a set of photographs. 

v. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure. 

4. PAYMENT
i.Clients to pay 70% of the total fee before the event. The booking fee will be deducted from the cost of the client's chosen package when calculating the final balance due. 

ii. Payment in full of the remaining balance will be made after delivery 

iii. Additional goods ordered must be paid for in full at the time of ordering. 

iv. Titles to all goods remains with the photographer until paid for in full by the client(s) 

5. FORCE MAJEURE
i. In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid. 

ii. The photographer will endeavor to put the client(s) in touch with another photographer in the event they are unable to attend on the event date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown, etc. 

6. DIGITAL NEGATIVE FILES
i. All digital  (computer files) remain the property of the photographer. All digital wedding packages include a copy of the edited digital negatives to the client(s) for their own non-commercial use.

ii. Should the digital negative files be lost, damaged, or destroyed for reasons beyond control, the photographer's liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

7. ON THE DAY
i. The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends, and other guests to take photographs throughout the day.

ii. The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement, however, one would be greatly appreciated.

8. PERSONAL ACCIDENT
i. 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. 

9. CANCELLATION FEES
i. If the client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation: 

ii. Cancellation with less than two weeks to go until the wedding date, full price for the complete photographic coverage booked. The client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation. 

10. DELIVERY
i. The photographer will endeavor to deliver digital files as quickly as possible. 

 

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