At Nathan O'Brien Photography I take your privacy seriously and will only use your personal information to contact you and provide the photography service you have requested from me. All data is held in line with the General Data Protection Regulations. Your information is not shared by Nathan O'Brien Photography to any other provider.
What Data Do I Hold?
I need to know your basic personal data in order to keep regular contact with you and for contract purposes. This may include:
Any information related to your wedding or event
How Long Will I Keep Your Data?
Under UK tax law I am required to keep personal data for a minimum of 7 years, after which time it is destroyed.
Further information & Contacting Me
You have the right to request a copy of the information that I hold about you. If you would like a copy of some, or all of your personal information please email me at Nathanobrienphotography@Gmail.com and Subject: Data Request. There may be a charge for this service.
You may have heard of the padlock icon that appears on some websites to reassure the internet buyer of online security in place –
this is in place to reassure you your information is not accessible to outside users.
You will not be asked for your credit card details whilst browsing nathanobrienphotography.co.uk and will only make a payment directly to Nathan Obrien after receiving your invoice. This means nathanobrienphotography.co.uk will never see your debit/credit card details as these are dealt with via your bank and not through our servers. We do not hold your bank details after an order payment.
If you contact us via Gmail, Facebook or Instagram, your data is managed in accordance with Google, Facebook and Instagram terms and conditions. This website is created in accordance with and hosted by Wix.com. Wix.com provides us with the online platform that allows us to share and sell our services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
Terms & Conditions
All Terms and conditions apply to any booking made with Nathan O'Brien Photograph (weddings/events/photoshoots etc) however additional terms may be added as event dependent - inquire for more information.
All Terms and Conditions below are stated in your contracts but may differ from the below with additional information that is specific to your wedding and the agreement we have come to.
1. Photographer’s Responsibilities. Nathan O'Brien Photography / Nathan O'Brien ("Photographer") hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due within 14 Calander days of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule (Full payment received by 30 days prior to your wedding date). If the Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the retainer), to attend the Event or to supply images.
3. Copyright. All photographs taken by Photographer at the Event, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal use (e.g. wall hangings at home, Facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. Photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
5. Event Changes. Photographer must be notified of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If the date of the Event changes, and notice is not given the reasonable (7+ days' notice), then Photographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer's availability.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date and shall make no other reservations for that date. If Client cancels the Event entirely within 30 days of the wedding date, then it is unlikely that you will receive any refunds. If you cancel within 1 – 3 months of the wedding date, then 25% of the money may be refunded. If you cancel within 3-6 months of the wedding date, then 50% of the money may be refunded. The deposit, as mentioned above, is non-refundable and does not count towards the amounts mentioned in this clause.
7. Delivery Date. The Album shall be delivered no later than 90 Days from the date from the date of the shoot. If the photographer envisages any issues with meeting this deadline, then you will be notified as soon as possible.
8. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 6 Months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
9. Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images unless discussed otherwise. If you do not want any images to be used on a public portfolio or social media, then please write to the photographer prior to the shoot or release of images.
10. Force Majeure. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate. If, in the event of a pandemic, then the photographer will do all they can to accommodate your needs etc. If a pandemic occurs and delays your date which the photographer cannot do, then you will receive a full refund of any monies paid. This may will exclude the deposit.
11. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors' fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
12. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
13. Limitation Of Liability. Photographer’s entire liability for any claim, loss, damage, or injury arising under or relating to this agreement is limited to the fees paid by client for the services. In no event shall photographer be liable for special, incidental, consequential, or punitive damages, even if client informs photographer of circumstances that would give rise to such damages.
16. Event Meals. Client shall arrange with the caterer for meals to be provided to Photographer and 1 assistant (if applicable). If this is not feasible, please discuss with the photographer in the early stages of planning.
17. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
18. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
19.Third Party Printing. Nathan O’Brien Photography cannot accept any responsibility or liability for colour balance or quality of any Prints reproduced from the USB Memory Stick that is supplied by Third Party Printers such as High Street photo processing shops.
20. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.
21. Complaints. Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers (SWPP) to mediate but only on the basis that its decision shall be final and binding upon both parties.