Terms & Conditions

The terms and conditions stipulated here contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

These terms and conditions must be accepted by the CLIENT prior to booking with the PHOTOGRAPHER. Further terms and conditions may also apply specific to the EVENT(S) and these will be provided to the CLIENT and agreed to by the CLIENT at the time of booking.

 

Shooting Time/Additions

The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time.

 

Safety

The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the PHOTOGRAPHER is in question.

 

Film and copyrights

The photographs/artworks produced by the PHOTOGRAPHER are protected by the Australian Copyright Act 1968 (as amended) (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’S explicitly written permission. The PHOTOGRAPHER grants the CLIENT permission to share the images on social networking websites, with family and friends, for self-promotion, and for portfolio use, as long as the images remain unaltered as supplied to the CLIENT by the PHOTOGRAPHER and textual credit is explicitly given to the PHOTOGRAPHER. The PHOTOGRAPHER grants the CLIENT permission to print the photos for personal use only. The CLIENT must obtain written permission (Commercial licence) from the PHOTOGRAPHER prior to publishing or selling the photographs.

 

model release

The CLIENT hereby assigns the PHOTOGRAPHER 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to ​profits that may arise from use of images.

 

Limit of Liability

In the unlikely event that the assigned photographer from the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER. If the situation should occur, responsibility and liability is limited to the return of all payments received for the EVENT(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’S control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

 

capture and delivery

The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.

 

post production and editing

The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.