Terms & Conditions of Trading:

The following terms and conditions of trading, as set out by Gerry Costello Photography & Imaging Services, hereinafter referred to as the Vendor, are the standard terms and conditions that must be adhered to by all customers, hereinafter referred to as the Client, in order for the Vendor to accept work from or conduct business with the Client. Upon signing the reverse side of this document this becomes the agreement containing the entire understanding between the Vendor and the Client. A wedding booking is not deemed to have been made until this document is signed by both parties and a copy Is in the position of the Vendor. This agreement supersedes all prior and simultaneous agreements between both parties. Furthermore, no wedding booking can be made or any contract entered into until the Client pays the required deposit, (which becomes the booking fee for this agreement), as stated below and agrees to our terms and conditions of trading. It is accepted by all parties that the Client agrees with all the conditions of this agreement if the Client does not give notice in writing to the vendor on any point of dis-agreement within five days of the date of printing (Above). The Vendor has then the right to cancel the booking and refund any monies paid. The Vendor reserves the absolute right to refuse any order whatsoever and for whatever reason and particularly in cases where the Vendor has reason to believe that the acceptance and/or the execution of an order or any contract will lead to a breach of the laws of obscenity, libel or copyright, or the aiding and abetting or the condoning of such a breach by any other party.

Wedding Photography: A booking fee of one third of the estimated package price (33.3%) is charged when the Client books a Wedding. The balance of the estimated package price must be paid not later than ten (10) days before the Wedding date. Failure to comply with the payment schedule will invalidate any pre-agreed price and the Client will be charged as per the current price list in force at the time of the Wedding. Payments which become more than thirty (30) days overdue will incur an extra 10% sur-charge with interest at current rates. Booking fees, deposits and payments towards orders are non-refundable. Payment for additional orders, photographs and framed portraits and prints must be made at the time of ordering. The Client agrees to timely payment as specified. In the event of payment default, the Client is responsible for, (but not limited to), bad cheque fees, collection costs, certified mailing, solicitors fees, court costs, etc. which may be incurred by the Vendor. We strictly adhere to the rules on payments.
Note: Paying your deposit ensures that the date in question will be held for you and will not be given to any other Client. It is only when the package price is paid for in full will the Vendor attend the wedding of the Client.

The Vendor is limited by the guidelines of the Ceremony Official or Clergy and the reception site management. The Client agrees to accept the technical results of their imposition on the Vendor. Negotiation with such officials for moderation of guidelines is The Client’s responsibility. The Vendor can offer technical recommendations only.

It is a strict understanding that the Vendor is retained as the exclusive official photographer for the Wedding and that no other photographer either professional or armature will be in attendance to take photographs. The Client undertakes that every facility will be granted to the Vendor to enable the efficient carrying out of the assignment with the minimum of interruption in a timely manner. While guests taking their own photographs are more than welcome, they must not act in a manner which will disrupt the work of the Vendor or waste the limited amount of time that the Vendor has at his disposal to complete the assignment. If the Vendor is disrupted, hindered or delayed by guests then extra charges will be levied to compensate for extra work and time involved in the completion of the assignment. The Client agrees to cheerful co-operation and communication for the best possible results within the definition and limitations of this assignment. The Vendor is not responsible if key individuals fail to appear or co-operate during the photography session or for images that may be missed due to details not revealed to the Vendor. The Vendor cannot accept “a list of photographs to be taken”. The Vendor recommends that the Client designate a friend or family member within each family as an “Event Guide” who will ensure everybody who is needed for photographs will be on hand when required. Best Man, Grooms Men, Brides Maids, Matrons of Honour should also assist in the organisation of group and family photographs. Furthermore the bridal party must make themselves available for photographs from the time the Ceremony finishes until the Bride and Groom sit down at the reception. They should stay in close contact with the Vendor during this time and be on hand to assist the Bride and Groom..
Where ordered, Wedding Stationary must be paid for in full at the time of ordering.

Other Work: For all other work booked in at the Studio a booking fee of 33.3% of the package price is charged when the Client books the assignment unless credit facilities are approved and arranged and account facilities have been set up prior to commencement of the work. The balance is due on the day the photographs are taken. Failure to comply with the payment schedule will invalidate any pre-agreed pricing and the Client will be charged as per the current price listing. Payments which become more than 30 days overdue will incur an extra 10% sur-charge. We also reserve the right to charge interest at the current rates on all overdue accounts. Fees, charges and payments are non-refundable.


General Conditions:


Display: The Vendor reserves the right to display any commissioned photograph taken by him or copies of works of restoration in a before and after state, in his Studio or at any location or in any publication in which the Vendor advertises his goods and/or services and products.

Model Release: The Client grants the Vendor and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included for editorial, trade, advertising and other purpose and in any manner and medium; to altar without restriction; and to copyright the same. The Client herby releases the Vendor and his legal representatives and assigns from all claims and liabilities relating to the said photographs.

Photographs: All photograph sizes are nominal. The Vendor will provide a pleasing colour balance but cannot guarantee exact colour matching. Owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man made fibres, it is sometimes impossible to record on film or digital media the exact colour of materials as seen by the human eye. The Client accepts that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes and the Client releases the Vendor from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

Re-orders: All re-orders shall be treated as an extension of this original agreement. No responsibility for error will be accepted unless orders are given in writing. Re-orders are accepted only on a cash with order basis.

Copyright: Copyright of the material remains the property of the Vendor. It is an offence contrary to the Copyright Laws and to this agreement to copy or allow to be copied the photographs , slides, transparencies, negatives, digital media, CD media, training material, other media and all materials supplied by the Vendor. Violators of this Law will be subject to its civil and criminal penalties. By placing an order with the Vendor, the Client certifies that all material presented for processing, printing, duplication, restoring, retouching or any process of reproduction are the copyright of the Client and free from any third party claims of copyright ownership or claims for breech of copyright licence and that no copyright exists in the form of the material supplied. Where original materials are submitted to the Vendor in the form of computer disk or other erasable media, it shall be the responsibility of the Client to maintain their own master copies independently of the material submitted to the Vendor. The Vendor will not accept liability for costs of recovery, reinstatement or re-origination arising from material in its position being corrupted, erased, lost or damaged in any way whatsoever. Where original materials are deposited with the Vendor, it shall be the Clients responsibility to inform the Vendor in writing of the value of such materials before they are placed on deposit. Insurance cover for such materials shall be the subject of a separate written agreement between the Client and the Vendor. Without such an agreement, the Client becomes his own insurer and the Vendors liability shall not exceed €15.00 in total.

Completion Dates are for guideline purposes only. The Vendor shall not be liable to the Client or any third party for losses arising from delays in completing orders.

Licence: The Vendor shall be granted artistic licence in relation to the poses photographed and the locations used. The Vendors judgement regarding the locations, the poses and the number of photographs taken shall be deemed to be correct.

Prices: All services and / or goods are supplied at the price ruling at the time of supply and may include VAT at the current rate(s). All prices are ex-studio and delivery charges are the responsibility of the Client. All commercial work is quoted for and supplied excluding VAT and delivery charges. Payment terms are Cash With Order unless a credit facility has been arranged and approved by the Vendor. The price list is adjusted periodically and orders shall be charged at the prices in effect at the time when the order is delivered.

Credit Accounts are granted to commercial customers on the completion of an application that is submitted with 2 letters of credit reference. The Vendor will only allow monthly credit account facilities. The continuance of account facilities will be kept under review in the light of the value of orders and the manner in which the account is conducted. Withdrawal of the account facilities from any Client will be at the absolute discretion of the Vendor. All invoices must be settled in full by the 28th. of the month following the issue of invoice date. All accounts which become more than 60 days overdue will be referred to a Credit Reference & Collection Agency. All cheques should be made payable to Gerry Costello Photography. In the event of a cheque not being honoured on presentation, for whatever reason, the Vendor reserves the right to charge an administration charge of €40.00 and likewise for any and each subsequent re-presentation of the said or any other cheque.

Force Majeure: The due performance of any contract is subject to alteration or cancellation by the Vendor owing to any cause beyond his control. In the unlikely event of any or total photographic failure or cancellation of any contract or agreement by the Vendor, liability shall be limited to a full refund of any monies paid. While the Vendor and or his assigns take every possible care with negatives, film, materials and digital media, we cannot, however, accept responsibility for loss or damage, consequential or otherwise. Attendance is assured insofar that weather conditions permit for safe travelling and the absence of an accident, Illness or other impediment - viz - fuel shortage, government order, death in family, loss of equipment by theft or fire, major breakdown, strike, Act of God or other casualty or any unforeseen circumstances.

Policy: Our policy is one of continuous and constant improvement and we therefore reserve the right to altar our process, our package offers and our fees without notice.

Cancellation: The Client may repudiate any contract at any time by giving written notice to the Vendor. Should notice of cancellation be received by the Vendor less than sixteen weeks prior to a wedding booking or two weeks prior to other bookings, the Client must pay the Vendor a sum equal to 20% of the balance of the estimated package price agreed. The said sum is payable as compensation it being an estimate of the loss the Vendor would suffer. The Client is also liable for charges for all work completed, materials ordered, work contracted out and the Vendors time and expense that has already been given and spent on the execution of the order being cancelled.

Negatives remain the property of the Vendor and shall be kept by him for a period of five (5) years from the date of the commission unless he sells his interest in the business. All negatives then become the property and responsibility of the new owner or purchaser of the said business. The Vendor reserves the right to sell the negatives to the Client or any purchaser of his business or business interests or any part there of as he sees fit.

Complaints: In the unlikely event of complaints, notice in writing must be given to the Vendor within five days of receiving the order. Proof of receiving date must be supplied.

Title of goods and services supplied will not pass to the Client until the full payment for goods and services is received and processed by the Vendor.

Delivery, where requested, is normally made by post or by arrangement with the Client. The Vendor will charge for postage, packing and delivery as appropriate.

The Vendor accepts your booking strictly on the basis that you have read, understood and accepted all the terms and conditions of trading. The Vendor accepts no responsibility whatsoever for errors and omissions. E & O E





© Gerry Costello Photography

Business Registration No. 315679