7. Ownership of Work Product by Photographer
7.1 Ownership of Work.
Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any
attendees at the Wedding) hereby grants Photographer and any of its service providers an exclusive,
royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by
Client or attendees, during the performance of the Services, that may be protected by copyright or any
intellectual property rights (“Wedding Materials”) as part of any Work Product or in connection with the
marketing, advertising or promotion of Photographer's services, including in connection with Photographer's
studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that
no other person or entity has any rights that may prevent or restrict Photographer from using Wedding
Materials as provided herein.
All photos taken by our photographers remain the copyright of Pixie's Photography. We may wish to use
some or all of your photos for promotional material within the studio, on our leaflets, website or Facebook
Page. Permission is herewith given to Pixie's Photography to use any photograph for marketing,
photographic competitions, exhibitions and display. All photos purchased by yourself will be kept on
our files for up to 5 years so should you need another copy, we can retrieve it for you (we will not be held
responsible for the loss of any of these images). All other photos are subject to be removed from our files
3 months after being taken.
8. Limited License to Client
8.1 Personal Use.
Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and
non-sublicensable license to use Work Product for Client's Personal Use, provided that Client does not
remove any attribution notices or copyright notices included by Photographer in any Work Product.
“Personal Use” includes, but is not limited to, use (i) of photos on Client's personal social media pages
or profiles; (ii) in Client's personal creations, such as scrapbooks, albums or personal gifts;
(iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter,
email, or holiday card. Client will not make any other use of the Work Product without Photographer's
prior written consent, including but not limited to use of the Work Product for commercial sale.
9. Indemnity and Limitation of Liability
Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents
and independent contractors for any injury, property damage, liability, claim or other cause of action arising
out of or related to the Services and or Work Product Photographer provides to Client.
9.2 Force Majeure.
Photographer shall not be held in breach of or liable under this Agreement for any delay or non-performance
of any provision of this Agreement caused by Force Majeure (Acts of God), Fire, Hijacking, theft and related
events, Malfunction of equipment, Loss of negatives, memory card and / or digital information etc by the
development laboratory. The photographer will not be held responsible for unknown damage of film or
digital equipment. Unless otherwise agreed in the contract between the parties expressly or impliedly,
where a party to a contract fails to perform one or more of its contractual duties, the consequences set
out in this Clause will follow if and to the extent that that party proves: (a) that its failure to perform was
caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been
expected to have taken the occurrence of the impediment into account at the time of the conclusion of the
contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment.
A party invoking this Clause shall be presumed to have established the conditions described in the
preceding paragraph in the case of the occurrence of one or more of the following impediments:
war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to
hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military
mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion
or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic,
pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other
employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental
order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of
works, requisition, nationalization; act of God or natural disaster such as but not limited to violent storm,
cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami,
flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment,
factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric
current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow,
occupation of factories and premises; shortage or inability to obtain critical material or supplies to the
extent not subject to the reasonable control of the subject Party (“Force Majeure Event”). This provision
shall become effective only if the Party failing to perform notifies the other party within a reasonable time
of the extent and nature of the Force Majeure Event, limits delay in performance to that required by the
Event, and takes all reasonable steps to minimize damages and resume performance.
9.3 Failure to Deliver .
Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product
undeliverable, due to technological malfunctions, service interruptions that are beyond the control of
Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product
that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the
Wedding that are beyond the control of Photographer (e.g., camera flashes).
9.4 Maximum Liability.
Notwithstanding anything to the contrary, Client agrees that Photographer's maximum liability arising out
of or related to the Services or the Work Product shall not exceed the total Fees payable under
10. Waiting Periods, Printing and Charges
10.1 Viewing and ordering your photos.
We aim to have your photos available to view within 1 week of having your pre-wedding / boudoir photo
shoot / wedding shoot. Your photos will be uploaded to an online gallery where you can view and choose
your favourites for editing. Should you not choose your photos for editing within 30 days from them been
uploaded, we will choose the images for your and our selection will be final. The editing process takes
up to 3 weeks for engagement shoots, 10 weeks for wedding shoots and 16 weeks for wedding videos.
We reserve the right to perform editing such as softening skin tone, editing out items not desirable in the
photo, or changing the size and shape of the photo.
Should you require extra editing of your photos, you may be subject to an additional charge which you
will be advised of at the time. By placing an order with Pixie's Photography, you are committing to buy
the ordered products. If you do not download your photos within 2 months of your photo shoot, we will
take this as indication that you do not want them and we may delete them from our files. You will not be
entitled to a refund of your photo shoot.
10.2 Receiving your printed products.
We aim to have your printed products ready within 4 - 6 weeks of your order being placed. You will be
required to check your photos and products on collection. Any problems should be brought to our notice
at that time so that we can rectify them.
10.3 Prices and other charges.
We reserve the right to change our prices at any time. The product price list available to you at your
viewing / ordering session will be the one that was current at the time of you booking. If you postpone
your retainer fee payment, then the price list that is available at the time of postponing will be the one
available for your new booking.