Terms And Conditions Of Service

Photography, content Creation and videography Contract

1. General Information:
These are the terms and conditions on which we provide services and products to you.
We are ‘Emma Wilson, Story Of Your Day / The Story Creatives, Chalet Belmont, Wengiboden 1493C, Wengen 3823, Switzerland (the “photographer & Videographer”)

You can contact us by emailing our customer services team at [email protected]

2. Our contract with you
a. Our acceptance of your order will take place when we email you confirming acceptance, at which point a contract will come into existence between you and us.
b. If we are unable to accept your order we will inform you of this in writing and will not charge you for our services or products. This may be because of unexpected limits on our resources or other reasons.

3. The Services
We will provide the services on the date (but not limited to that date if a postponement is arranged) agreed during the order process and/or order confirmation email. The services we may provide will be as agreed, and may be:
i. Capturing still images of your family sessions or event, editing and producing raw files and providing images to you.
ii. capturing video footage of your sessions or event, editing and producing such footage and providing such footage to you;
iii. Capturing iphone footage and delivering.

4. Capturing images of your photo and film shoot (The “Event”)
a. The services will be provided using a camera person chosen by us. The Event will be photographed using a combination of Mirrorless cameras, Osmo Pocket, Go Pro and iPhone.
b. Any changes to the times and dates of the Event will be communicated to us as soon as reasonably practicable in written confirmation by email to [email protected].
c. Unless the Location has been organised by Story Of Your Day, it is your responsibility to ensure that we and our camera persons are able to gain access to the Locations, where required.  
d. You must ensure that the owners and coordinators of all Locations that you arrange for the photo and film shoot that we are aware that we have Public Liability and Indemnity Insurance.
e. We will not be liable to any extent for any equipment malfunctions or events outside of our control which impact upon the footage filmed and photographs taken (which includes, but is not limited to, radio signal losses, battery failures, equipment failure and or material defects). In the unlikely event of a significant equipment malfunction resulting in inability for us to provide the services at all our liabilities are limited to the amount paid and to be paid by you for such services. If a significant equipment malfunction results in us being able to provide only some of the services to you, the amount paid to be paid by you shall be reduced accordingly to reflect the services provided.
f. We will take reasonable steps to ensure accurate colour and lighting reproduction of the Event on any photography, but certain lighting conditions may result in such reproductions being inaccurate (for example, mixed indoor and external lighting, hard shadows, and low lighting conditions). We will have no liability for such inaccuracies.
g. You accept that in certain circumstance in certain lighting (ie mixed daylight and tungsten) this may cause issues with the recording of footage, causing ‘flicker’. This can sometimes be repaired in post, to a certain degree, but it not always.
h. You must provide a safe working environment for us and are responsible for any damage to our equipment, not caused by our own negligence, which occurs during the Event and will be liable to pay such expenses for reasonable replacement and repairs of such equipment. In the event of adverse weather conditions during the Event (which includes but is not limited to rain, extreme temperatures and humidity) you shall ensure that shelter adequate to prevent damage to our equipment is provided at the Locations.
i. The photographer shall be granted creative and artistic license in relation to the poses and compositions photographed and the locations used. The photographer’s judgement regarding the poses, compositions and locations and the number of photographs taken shall be deemed correct. Due to the vagaries of the weather, the willingness of subjects and circumstances on the day it may not be possible to capture all the images requested.
k. We have a Zero Tolerance policy towards anti-social behaviour and bullying. You must ensure a safe environment for all Story Of Your Day ‘camera persons/operatives’ and we reserve the right to stop filming and leave the event should we feel unsafe or if we are abused physically or verbally by guests, staff or other vendors during the event.
l. You agree that there will be mutual respect between all parties at every stage of the process and all communications between us will be kind, respectful and courteous.

5. Editing & Professional Standards:
a. You are entitled to cancel any order for services any time within 14 days of placing your order for services. If you wish to cancel your order for services please do so by emailing [email protected].
b. We will make reasonable endeavours to accommodate, during the provision of services, any special requests made within the ‘Booking Form’ but, for the avoidance of doubt, we are not bound to accommodate such requests.
c. You accept that we have ultimate editorial control over the style of photographs provided as part of the services and that we will always edit within the Story Of Your Day ‘house style’.
d. All image sizes are nominal. The photographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by combination of certain dyes and materials especially man-made fibres. 
e. Any final editing decisions are made at our sole discretion.
f. Standards for provision of services. If you can show that we have not used reasonable skill and care in provision of the services, (taking into account the scope of services agreed in writing prior to the Event and any Wedding Details Form) you may be entitled to amendments to the images without incurring additional fees and/or reasonable compensation/reasonable refund.
g. Rejection of services where we are not at fault. If you cannot show that the services have not been carried out with reasonable skill and care,  you are not entitled to reject the provision of services:
h. once they have been completed;
ii. any time after 14 days following entering into this agreement; or
iii. any time after the images either have been downloaded using the link provided.
To the extent that services are rejected before completion, but we have begun to provide some services to you, you shall be required to make payment to us for the services provided, as well as for costs incurred relating to future provision of services which cannot reasonably be prevented.
i. The images will typically be provided to you within 8 – 10 days from the date of the Event (not including any bank holidays). 
j. The film will be delivered within 1 month.
k. Any loss or damage to the Materials as a result of our negligence shall be limited to the cost of the Materials alone. We shall not be liable for any consequential loss arising as a result of our negligence. We shall have no liability for any loss or damage to the Materials which arise outside of our reasonable control.
l. Retouching, digital manipulation and artist finishing is available to the Client as an optional extra. The cost of any work is 200CHF per hour.
m. Story Of Your Day will keep the digital files of your images for a period of 24 months from the date of your wedding or event.

6. Insurance:
We have, and will maintain in place, appropriate public liability and indemnity insurance.

7. Aerial Footage & Photographs:
The following section applies to the extent that we have agreed to film and provide aerial film footage as part of the services:
a. Unless otherwise agreed, Aerial Footage and Photography will be filmed by a professional, qualified and licensed drone pilot chosen at our sole discretion. You can also commission a drone pilot but the footage must be handed over by them to Story Of Your Day. We shall have no responsibility and/or liability for services provided by such third party(ies).
b. Our chosen pilots are all qualified with the necessary legal permissions issued by the CAA. Without a CAA permission for aerial work in place, training and public liability it is illegal to carry out any commercial aerial work.
C. If Aerial Footage and Photography is undertaken by Story Of Your Day, it is at our sole discretion and on the day of the event, a decision to fly, will be made based on weather, location and local permissions to fly.

8. Publicity/Marketing:
a. Story Of Your Day retains all/any Copyright of the photography which is the intellectual property of Story Of Your Day and the Client(s) grant their permission for Story Of Your Day to use images for the purpose of but not limited to promotion, marketing, advertising, internet, blogs, publication of the ‘videographer’s business.
b. As owner of Copyright, Story Of Your Day is also entitled to use the finished films or photographs, on the Story Of Your Day website, Facebook Page, Twitter, Instagram feeds as well as offer the use of the photographs to the related venues and suppliers for their promotional purposes.
c. The Client(s) can request a Non-Disclosure Agreement ahead of the wedding day. The cost of an NDA or Exclusivity is 20% of the full commission fee. The Client(s) agree that a full NDA is not possible after the wedding but that exclusivity can be arranged in a ‘forwards not backwards’ agreement. For UK and EU clients, we comply with application data protection laws (including the General Data Protection Regulation).

9. Intellectual Property:
a. All intellectual property rights (including copyright, image rights and all other intellectual property rights arising and to arise in the future) as a result of the services (including, but not limited to intellectual property rights in raw footage/rushes; edited photographs; and all other materials resulting from the provision of services) are solely owned legally and beneficially by us, and nothing shall have the intention or effect of providing any assignment, license, interest or right in such intellectual property rights (unless otherwise agreed in writing).
b. You agree that you shall not, and shall prevent any third party from (where reasonably able), using, amending, adapting or changing the photographs and all other materials produced as a result of the services. If you wish to use such intellectual property rights commercially then you must obtain a written license for such use from us (which may require you to pay us reasonable royalty fees for such use).
c. You agree to ensure that we are, and remain at all times, credited as authors and owners of all intellectual property rights in the Trailer, Film and all other materials referred to at 11.a above.
d. It is not possible to keep materials produced from provision of services indefinitely. We will, however, keep all such materials in archives for eight calendar months from delivery of the Trailer and Film to you (and/or delivery of all additional services connected with the Trailer and Film, as the case may be).
e. You may buy a copy of the Trailer, Film and other materials produced as a result of the services at the point of booking or any time up to one year after the Event. All intellectual property rights in the Trailer, Film and materials produced as a result of the services shall be retained by us in every case (unless otherwise agreed in writing).

12. Booking and payment:
a. A booking fee of 20% of the entire fee due for services (the “Sum”) (whichever is the higher figure) is required upon return of the booking form (non-refundable subject to these terms and conditions). Completion of the booking form alone without payment of the Sum will not secure your booking and the date may be booked by other parties.
b. A date may only be considered reserved once a completed booking form has been received, the Sum has been received into the bank account nominated for payment by us, and we have sent an email to you confirming your booking. Until that point provision of services on the date(s) requested cannot be guaranteed. If a date is no longer available at the time of receipt of the Sum, we will notify you in person or by email and the Sum received will be returned to you in full.
c. The full balance payable for services (the “Payment for Services”) must be paid at least 60 days prior to the Event date. Failure to pay the Payment for Services will have the effect of cancel your booking and you may be liable for reasonable fees we have incurred in connection with the booking. This will not affect your statutory rights.
d. You will be liable for payment of all applicable bank transfer charges in respect of payment of the Fee. These include ‘send’ and ‘receive’ charges.

12. Expenses 
a. All expenses including travel and hotels are not included in the commission fee. These can be booked by the client, by agreement with Story Of Your Day, or by us. Receipts will be provided to the Client (s)

13. Postponements:
a. If Story of Your Day is not available to film your wedding on the new date you will not be entitled to a refund of the booking fee or any expenses incurred ie flight tickets, train tickets and hotel bookings
d. You accept that the The Story Of Your Day ‘camera operator’ may change for the new date.
e. If the postponed new date is in the same year as the original agreed date, there will be a surcharge of £250, unless agreed otherwise. 
f. If your postponed new date is not in the same year as the original date then the fee for your booking will be increased in line with any annual price increases for commissions.

14. Cancellations:
a. You may cancel this booking at any time by giving written notice to [email protected]
c. Refunds are only available if Story Of Your Day is given 3 days notice.

15. Other important terms
a. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
b. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
c. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as otherwise set out herein.
d. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
e. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
f. Force Majeure. If we are prevented, hindered or delayed in or from performing any of our obligations under this agreement (including providing the services, and delivery of images to you by the agreed date) resulting from an event outside of our reasonable control, we shall not be in breach of this agreement or otherwise liable for such failure or delay. The time for performance of such obligations shall be extended accordingly and reasonably.
g. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Swiss law and you can bring legal proceedings in respect of the products in the Swiss courts.