So you want to go ahead and get us booked in? That’s awesome! We can’t wait to be a part of your day. Here is our contract, so have a read and, if you’re happy to crack on, sign at the bottom and hit submit. We’ll fire over your deposit invoice in a separate email, so watch out for that. Once they’re both done and back with us, we’re all yours! Very exciting times ahead…

 Ceremony

TERMS AND CONDITIONS JULY 2022

“We” are:

Matthew and Jessica Ebbage trading as Ceremony of 3 Meadow Walk, Whitstable, CT5 4PN.

(“Ceremony”)

“You” are:

The customer or customers that received the proposal (where more than one person, they shall be

jointly and severally liable).

(“Client”)

1. Definitions

In this agreement:

“Assignment” means a package of Services and Goods, provided by Ceremony in

accordance with the proposal.

“Services “ means Photography Services and Hair and Make Up Services and

any other services reasonably required to be performed by

Ceremony to facilitate the Assignment.

“Hair and Makeup Services” means the services set out in clause 4 of this agreement

“Photography Services” means the services set out in clauses 5, 6 and 7 of this agreement.

“Goods” means any goods supplied to you as part of the Assignment and

includes Images.

Images means the digital, film, photo or other images in all formats, edited

or unedited, that Ceremony creates as part of the Assignment.

“Deposit” means the advance payment to secure the date and to allow

Ceremony to commence work on the Assignment and is described in

clause 2.

“Event” means the event where the Assignment is to be delivered by

Ceremony.

“Fees” means money paid or owed to Ceremony by the Client for the

Assignment.

“Terms” means these Terms and Conditions.

2. Price and payment

2.1. 2.1.1 The price for the Assignment is set out in the proposal. There is no VAT. This price

includes all England and Wales locations travel expenses. The price excludes any other expenses that

will be incurred by Ceremony, unless otherwise agreed in writing by the parties. The price also

excludes any international (outside England and Wales) travel expenses to the Event which is

charged as extra expenses. The proposal sets out the price and expenses for your Assignment.

2.1.2 For Hair and Make Up Services: The price includes advice and guidance about

skincare and makeup products, advice on application and use and the delivery of makeup and/or

hair styling Services (equating to two treatments per person for 2 people per Assignment) as set out

in clause 4.

2.1.3 For Photography Services: The price includes attendance at the Event and all editing

services and/or preparation of Images sent to the Client during and post Event, by email or in other

digital transfer/formats, and any Goods included in the Assignment, as set out in clause 6,7 and 8.

2.2. 2.2.1 For England. Wales and Scotland Events:

A Deposit of 20% of the price shall be paid upon entering this agreement. The Deposit is to

secure the date for the delivery of the Assignment and the preparation time required to deliver the

Assignment. Ceremony’s invoice for the Deposit will follow – please refer carefully to Clause 3.

2.2.2 For Europe (outside England Wales and Scotland) and other International Events

A Deposit of 40% of the price shall be paid upon entering this agreement. The Deposit is to

secure the date for the delivery of the Assignment and the preparation time required to deliver the

Assignment. Ceremony’s invoice for the Deposit will follow – please refer carefully to Clause 3.

2.3 The price and the Deposit and any expenses shall be the Fees of Ceremony. The Client shall

pay Ceremony the balance of the Fees at least 3 months before the Event and all Fees shall be paid

in advance of the Event in full.

2.4 Variations to the Services may only be agreed in writing by both parties. Services outside the

scope of the proposal will attract additional charges. Any change of date or postponement will be

agreed subject to our availability and will be deemed a cancellation (and clause 3 shall apply) unless

we agree otherwise in writing.

2.5 The Fees will be paid after invoices rendered from time to time. No VAT is applicable.

Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been

paid in full. If payment is not made in full and within time the Services may be suspended and

payment in advance may be required before the Services are re - commenced.

2.6 Ceremony reserves the right to require some or all of the Fees to be paid in advance of the

commencement of the Services where applicable and agreed in writing. If payment is not made in

accordance with the above clauses, Ceremony reserves the right to charge an administration fee of

£50 to late payments together with interest at the rate prescribed by the Late Payment of

Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is

made.

3. Cancellation of agreement and the Deposit

3.1. Once the Deposit has been paid, the Assignment can be cancelled by either party in writing

or by email to hello@ceremonyexperience.com subject to the matters set out in this clause.

3.2 Cancellation by Ceremony

3.2.1 If Ceremony cancels the Assignment, other than pursuant to clause 3.2.2 below, the

Fees paid at the time of cancellation will be repaid to the Client within 14 days of cancellation and no

further sum or compensation will be payable to the Client by Ceremony arising from such

cancellation.

3.2.2 The Services may be terminated by Ceremony if payment of the Fees is not made in

accordance with the Terms, or if the Client commits a material breach of any of the Terms and fails

to remedy the breach within 14 days of being notified in writing, or if the Client enters into any form

of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums

to Ceremony.

3.3 Cancellation by the Client

3.3.1 If the Client cancels the Assignment within 14 days of entering into this agreement,

then the Deposit shall be repaid to the Client in full.

3.3.2 If the Client seeks to cancel this Assignment more than 14 days after entering this

agreement and more than 3 months before the Event then the Deposit shall be forfeited, any

expenses incurred as at the date of cancellation must be paid by the Client, and those paid shall also

be non-refundable. No further sums will be due from the Client to Ceremony.

3.3.3 If the Client cancels this Assignment within 3 months or less of the Event, then 100%

of the Fees including any expenses incurred as at the date of cancellation, less any Fees paid already,

shall be due to Ceremony.

4. Hair and Makeup Services

4.1 Trial sessions: One hair and makeup trial session is included in the price of the Assignment.

4.2 All trial sessions last about 4 hours and are held at Ceremony’s garden studio in Whitstable,

or at a location of your choice pre the Event where we agreed in writing. Trials at other locations

may attract additional Fees. Trials can be arranged Monday to Wednesday between 9.30am to

4.30pm, subject to our availability. If extra trials are required by the Client, they shall attract

additional Fees.

4.3 Trials should be attended by the Bride and ONLY one other person. No children under 18

years old are allowed to attend the trial unless agreed otherwise in writing.

4.4 Trials are recommended to be undertaken at least 4 months before the Event. They need to

be booked in advance about 6 months before the Event.

4.5 Once a trial is booked it can only be rearranged with a minimum of 7 days’ notice. If less

than 7 days’ notice is given by the Client to rearrange a trial appointment, then an administration fee

of £100.00 shall be payable in addition to the Fees to cover the lost appointment.

4.6 Final numbers receiving the Services at the Event must be received in writing from the Client

by Ceremony at least 4 months before the Event. If numbers subsequently increase, Ceremony

reserves the right to increase their price accordingly. If numbers subsequently decrease, there will

be no discount and the price shall be charged in full.

4.7 Ceremony reserves the right to use the additional services and assistance of other makeup

artists or hair stylists if it is necessary to deliver the Assignment and additional Fees may be incurred.

4.8 On the day of the Event, Hair and Makeup Services shall be provided for 12 hours usually

from 8am to 8pm. These Services shall include unlimited Hair and Makeup touch ups or changes on

the day of the Event between these times.

4.9 Ceremony reserves the right to refuse Services to the Client, or any connected person, if

they show symptoms of any infectious condition, or use, or threaten, abusive or inappropriate

behaviour.

4.10 Allergies

4.10.1 Ceremony will not be held responsible for any allergies or reactions caused by our

work. We suggest a separate consultation for anyone receiving our Services with allergies.

4.10.2 It is the Client’s responsibility to inform Ceremony in writing of any

sensitivities/allergies/intolerances at the time of booking or at the latest 3 months before the Event.

Ceremony cannot accept any liability for allergies or reactions where they have not been advised of

such risks.

4.11 Specific treatments in our Services:

4.11.1 Individual Lashes: Individual lash application is included in the price for the makeup

service. There is no reduction in price for any service if individual lashes are declined.

4.11.2 Hair Extensions: If hair extensions are required for the chosen hairstyle, they are

charged at £65.00 to hire. To hire extensions an £80.00 deposit must be paid in advance as well as

the £65.00 charge. The deposit is refunded upon their return. Please ensure extensions are returned

via recorded delivery to Ceremony’s work address within 3 weeks of the Event. When returning

extensions by post, the Client should include their details to make it easy to establish who they are

from. Please include your Name, Wedding Date & Bank Details so that we can refund your deposit.

We reserve the right to withhold some or all of the refund based on our assessment of the condition

of the returned extensions and the time taken for them to be returned.

5. Photography Services

5.1 There will be a pre-event consultation before the Event to agree shooting times, locations

and important photographs. This consultation can be conducted via video-call, phone or face-to-

face meeting. The purpose of this meeting is to create a plan for the Event and Ceremony can

accept no liability for missed Images if any information is either not provided or is inaccurate.

5.2 The Assignment includes up to 12 hours of Photography Services on the day of the Event,

provided by exclusively by Ceremony to the Client, subject to the following:

5.2.1 The Client (or someone designated by them) will be responsible for identifying

people/objects of whom/which specific photographs are desired. The Photographer can accept no

liability for missed Images if any information is either not provided or is inaccurate. The Client agrees

to set aside at least 45 minutes after the wedding ceremony for the taking of the photographs that

cannot be obtained during the ceremony or before. This includes the shooting of group

photographs and couple photographs.

5.2.2` Ceremony limits the amount of posed group photos taken to 10 unless more are

agreed in advance. This is to ensure our reportage style can prevail. A member of the wedding party

should be assigned to assist with the gathering of guests for the group photographs.

5.2.3 The parties agree to positive co-operation and communication for the best possible

results from the Assignment. The Client is responsible for the conduct of guests and all other service

providers (florist, DJ, caterer, videographer etc.). Co-ordination with other service providers is

necessary to complete all of the photography sessions as scheduled.

5.2.4 Please remember that Ceremony is limited by the guidelines of the ceremony official

or the reception site management and therefore the Client must accept the technical results of their

imposition on Ceremony. Negotiation with the officials for moderation of guidelines is the Client’s

responsibility, and Ceremony will offer technical recommendations only.

5.2.5 It is explicitly agreed that Ceremony are exclusively retained as the only professional

photographers for the Event. Ceremony can accept no liability for negative impact caused by guests

or other professional service suppliers to the Event. The planned photography time is for the

exclusive use of Ceremony to capture the formal wedding portraits and guest photography cannot

be permitted during this time.

6. Goods and Images

6.1 Post Event you will receive:

Previews | A small batch of Images within 72hrs of your Event.

And then:

Highlights Slideshow | Some of the best highlights of your Event. Within 12 weeks of the Event.

Gallery Of Fully Edited Images | Your own secure online gallery of fully edited Images of your

Event, processed in Ceremony’s signature style, with full licence to print and share as detailed in

this agreement. Within 12 weeks of the Event.

6.2 Ceremony will perform a “regular” and basic edit on the Images, to include correcting colour

balance, exposure level, adjusting contrast, and cropping to the best of their abilities. A handful of

close-up portraits can also be treated for blemish removal. This “regular” editing does not include

special effects, de-aging or portrait improvements, and such extra work is chargeable per hour as

additional Fees. There is no guarantee given that any Image can be edited to your particular

requirements, but Ceremony will use best endeavours to meet any reasonable requests.

6.3 RAW footage/Images belong exclusively to Ceremony and will not be released to the Client

in any circumstances. Ceremony has artistic license in what Images are produced to the Client and

absolute discretion, if Images are not of adequate quality, to refuse to release them to the Client

under the license set out in the Terms.

6.4 Reprints or additional prints of photos not included in the proposal may be ordered at

further cost. Albums or other Goods post Event are also available at extra cost. A guide to these

prices can be given at time of booking. Any post Event Goods such as albums, posters, framed

images or reprints must be ordered within 12 months of the Event. The price of Goods may change

in that time and Ceremony reserves the right to vary the price of Goods if suppliers increase their

prices.

6.5 Where digital files containing Images are provided, the Client is responsible for ensuring that

the digital files are safely stored upon delivery or collection, and Ceremony is under no obligation to

store or maintain copies of the digital files or Images for more than 12 months after the Event.

6.6 Digital Gallery

Your Images will be uploaded to a digital gallery accessed via our website and with security features

to allow you to log in and to view, order Goods and/or download subject to these Terms for 12

months from the date of your Event. Thereafter the gallery will no longer be accessible to you.

6.7 Other Goods

Ceremony will usually send any physical Goods to the Client once created, or the Client may collect

any physical Goods from Ceremony. Ceremony can accept no liability whatsoever for any delivery

agents or carriers that are appointed by the Client.

7 Licence of Images to Client

7.1. The Client acknowledges that Ceremony owns all right, title and interest in and to the

Images and that the Client has no right to use any of the Images save as set out in the Terms. Fees

paid to Ceremony includes a fee for the grant of a licence in the terms of this clause. The licence

arises only after the Client has paid Ceremony all Fees due under this agreement.

7.2. The licence is personal, irrevocable, non-transferable and non-sub-licencable. The licence

specifically allows the Client to use Images on a website, on social media channels, in other digital

format or in print form and to share extensively through such channels, subject to the Client

acknowledging Ceremony’s rights and ownership of the Images when shared digitally. The licence

does not allow the Client to use the Images for any commercial purposes.

7.3. So far as any goodwill is generated by the Client’s use of the Images it shall accrue to the

benefit of Ceremony.

7.4. Ceremony reserves the right to make reproductions of Images created during assignments

for marketing, promotional, competition and editorial purposes.

7.5 The Client warrants that they have obtained all model rights and location permissions

necessary to enable Ceremony to carry out the Assignment and now agrees to indemnify Ceremony

against any cost or claim by any person arising out of an Image of any person or thing at the Event.

7.6 The Client agrees that Ceremony may use their model rights in the form of Images taken in

this Assignment, only to market their business as a photographer.

8. General Conditions

8.1 Verbal or email instructions by the Client to proceed will constitute an acceptance in full of

the Terms.

8.2 Each party will keep the confidential information of the other party and any third party

confidential and secret, and only use it for the purposes of supplying the Services or making proper

use of the Services. Each party recognises and accepts its obligations with regard to the control and

the processing of personal data under the current data protection legislation and regulations. For

more information on this, please see our Privacy Notice on our website.

8.3 The Ceremony will use reasonable care and skill in performing the Assignment.

8.4 The Ceremony's liability in respect of any loss of goodwill, loss of business, loss of profits,

loss of anticipated savings, loss of use or for any other consequential, special or indirect loss or

damage will be NIL.

8.5 In respect of any other direct losses (in Contract or Tort) the total liability of Ceremony will

not exceed the return of all Fees received, and thus the limit of liability shall not exceed the value of

the Fees for the Assignment.

8.6 Nothing in the Terms will exclude or limit liability for death or serious injury caused by

Ceremony's negligence.

8.7 If Ceremony is limited or hindered from providing Services booked by the Client due to

circumstances beyond its control eg. government intervention, Acts of God, civil disturbance, war,

national or local disaster, strikes, labour disputes, epidemic, or pandemic, then the liability of

Ceremony to the Client shall not exceed the amount paid by the Client for the Services. The Deposit

shall be non-refundable, (being an approximation of the value of Services already rendered or just

expenses incurred) and Ceremony shall (where the value of the Services already delivered to the

Client or just expenses incurred is greater than the value of the Deposit) be entitled to be paid

additionally for all Services delivered to the Client and any just expenses incurred up to that point.

Ceremony shall not be liable for any additional losses incurred by the Client in such circumstances.

8.8 Ceremony operates a zero-tolerance policy to anti-social or abusive behaviour by the Client

or their guests. If Ceremony, or their staff or representatives, are subjected to unacceptable levels of

verbal abuse, drunken or lewd behaviour or actual or perceived threats, Ceremony shall be entitled

to immediately withdraw the Services and leave site without penalty or refund to the Client.

8.9 Nothing in the Terms is intended to create a partnership or joint venture between Ceremony

and the Client, and no party has the right to act as agent for the other or to bind the other party in

any way.

8.10 Ceremony reserves the right to use Images and other images of their work during the

Assignment for marketing, promotional, competition and editorial purposes. If you do not wish to

give consent to this use of the work or your image, then you must confirm this by email within 14

days of entering into this agreement.

8.11 The Terms and any dispute arising from them shall be governed by the laws of England and

Wales.