Terms and Conditions

Photoshoot T&Cs

  1. 1. Content of this Agreement

    The parties acknowledge that the content of their agreement in relation to the Photographer’s provision of Services to the Client incorporates:

    a) “the Schedule” as agreed upon through email (including but not limited to location, date, package and fees)

    b) any detailed Brief annexed to this Agreement, and

    c) the terms as set out below collectively “this Agreement”

     

     

    2. Engagement and Services

    The Client agrees to engage the Photographer and the Photographer agrees to accept the Client’s engagement to:

    a) provide the Services to the Client; and

    b) upon receipt of full payment of the Fees and the Expenses, grant to the Client the License for the Uses as outlined in item 9 and 10 of the Terms and Conditions.

     

     

    3. Variations to the Schedule

    3.1 Any changes to the Services must be agreed by the parties in writing, including by email or message. Neither party may vary the Services of the engagement as set out in the Schedule unless or until the parties have agreed to do so in writing.

    3.2 Should the Client request a change to the Shoot Date or Shoot Location, the Photographer will endeavour to accommodate the Client’s request. If accommodating the requested change results in additional Expenses for the Photographer (for example additional travel expenses), the Client will be

    liable to reimburse the Photographer for those additional Expenses.

    3.3 In the event that the Client requests to reschedule the session, upon rescheduling with the Photographer, the initial payment will be applied to the new session date. The rescheduled date must take place within one calendar year from the original session date. Any client arriving late to a session, will have that time deducted from their total allocated session time. 

    3.4 Should the Client wish to extend the License, Uses, or Terms, the parties will negotiate in good faith and any variation to this Agreement must be recorded in writing.

     

     

    4. Failure to Attend and Cancellation

    4.1 Should the Client cancel the shoot, or fail to attend without providing adequate notice (as specified in item 5 of the Terms and Conditions) to the Photographer, the Client will be liable to pay the Fees and Expenses in full despite the Services not being performed. 

    4.2 If the Photographer cancels the shoot for any reason, and no alternate date can be agreed upon, all monies paid towards this session will be refunded in full within 5 business days from the notice of cancellation.

     

    5. Fees

    5.1 In payment for the Services, the Client will pay to the Photographer the Fees (plus GST if applicable).

    5.2 The Booking Fee is not refundable but may be transferable to another day, time or person within 3 days prior to the shoot.

     

     

    6. Expenses and Travel fees 

    The Client authorises the Photographer to incur and agrees to reimburse the Photographer for:

    6.1 The Photographer’s anticipated Expenses in relation to the engagement as specified in the Schedule.

    6.2 Any other additional and reasonable expenses incurred by the Photographer in relation to the engagement.

    6.3 Any expenses associated with the location that the Client has chosen, will be paid for by the Client. The Photographer agrees to perform photography services within 15km of the business location in Albany Creek (4035). Any travel over 15km will be charged at $1 per km. 

     

     

    7. Payment Terms

    7.1 At the time of booking, the Photographer will invoice the Client for the Fees and Expenses in line with the provisions of Item 5 and Item 6 of the Schedule.

    7.2 The photographer requires a 50% deposit to secure the date and time of the photoshoot. The deposit is due upon receipt of the invoice. All remaining funds are due 7 days prior to the shooting date. Payment is to be made by electronic funds transfer into the Nominated Account.

    7.3 If the Client fails to pay the Fees and Expenses in accordance with this Agreement and any invoice remains overdue after 5 days from the due date, the Photographer reserves the right to cancel the session, and the Client will forfeit any initial payments that may have been made.

    7.4 In the event that any amounts remain outstanding for more than 60 days after the service has been delivered, the Photographer may refer the matter to a debt collection agency or solicitor and the Client will be liable to pay any costs the Photographer incurs or becomes liable to pay for the collection of such unpaid amounts, including but not limited to debt collection fees, charges and commissions and legal fees and costs on a full indemnity basis.

     

     

    8. Use of Third Parties

    8.1 The Client agrees that the Photographer may use third party assistants to assist the Photographer in delivering the Services to the Client.

    8.2 Should the Photographer use any assistants; the Photographer will remain the head photographer and will remain responsible for the delivery of the Services in accordance with this Agreement.

     

     

    9. Intellectual Property

    9.1 All Intellectual Property created by the Photographer in the course of this engagement (including but not limited to the Photographs, digital or electronic material, negatives (and the digital equivalents) and prints of or relating to the Photographs, collectively the “Works”) will be the exclusive and sole property

    of the Photographer. Any derivatives of the Works will also be the exclusive and sole property of the Photographer, regardless of whether such derivatives are created by the Photographer or the Client, and the Client hereby agrees to sign all documents and do all things necessary to assign all Intellectual Property Rights in such derivative works to the Photographer.

    9.2. No interest in the Works (including in the negatives or digital equivalent) is assigned or licensed to the Client by this Agreement unless otherwise specified in the Schedule or in 10 below.

     

     

    10. Copyright

    10.1 All photographs taken by Photographer at the session, in whatever form, are copyright protected. In consideration of the full payment of the Fees and Expenses by the Client, the Photographer will allow reproduction and publishing for personal use (e.g., wall hangings at home, social media, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. 

    10.2 The Client does not have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior consent of the Photographer.

    10.3 The Photographer retains copyright in all images taken at the session and reserves the right to use the Photographs for the purposes of promoting and marketing the Photographer’s business, including but not limited to displaying the Photographs (or any of the Works) in the Photographer’s portfolio (whether digital or hardcopy), on the Photographer’s website, on the Photographer’s social media accounts and in galleries or photography competitions.

    10.4 The Photographer expressly reserves all other rights subsisting in the Works not specifically granted in this Agreement

     

     

    11. Work Standards and No Warranty

    11.1 The Photographer will deliver the Services in a professional manner, in good faith and with all requisite care and skill, however the Photographer does not make any warranty or guarantee as to the Client’s satisfaction with the Photographs. Every reasonable effort will be made by the Photographer to take the photographs requested by the Client, but no specific pose or photograph is guaranteed. Any photograph request list supplied by the Client will be used by the Photographer for organisational purposes only. Any indications given by the Photographer prior to the engagement are examples only, based on experience. These must not be relied on to predict future results. The Client warrants that they have not relied on any warranty, guarantee or representation given by the Photographer in entering into this Agreement.

    11.2 The Client acknowledges that the Photographer is not liable for any impact on the quality of the Photographs as a result of circumstances beyond the Photographer’s control, such as inclement weather conditions or the unruly behaviour of persons/animals being photographed.

    11.3 Our bookings require flexibility due to weather conditions, tide times, access restrictions, and other variable factors, and therefore the itinerary outline must allow for alternatives. For this reason, the booking outline and itinerary description must be taken as an indication of what may take place on the booking, and not as a contractual obligation on the part of the photographer.

     

     

    12. Delivery and release

    Final proofs of photos will be delivered to the Client no later than thirty days (30 days) after the date of the session, via a private online gallery. Images will be available for download/purchase for a minimum of thirty days (30 days) after delivery, and no longer than 365 days (12 months). The Client agrees to download/purchase images in a timely manner. 

     

     

    13.Liability 

    13.1 The client agrees to hold the Photographer harmless for any personal injury which may occur as the session attendee or any other person or animal involved in the session, works with the Photographer.

    13.2 In no event shall the photographer be liable for special, incidental, consequential, or punitive damages, even if client informs photographer of circumstances that would give rise to such damages.

    13.3 If the photographer is unable to deliver images due to unforeseen circumstances such as technological malfunctions, loss of data due to catastrophic events, or other loss or damage without fault of the photographer, liability shall be limited to the amount equal to the initial payment. 

Last updated: 18 August 2023

Coaching T&Cs

  1. 1. Content of this Agreement

    The parties acknowledge that the content of their agreement in relation to the Photographer’s provision of Services to the Client incorporates:

    a) “the Schedule” as agreed upon through email (including but not limited to location, date and fees)

    b) any detailed Brief annexed to this Agreement, and

    c) the terms as set out below collectively “this Agreement”

     

    2. Variations to the Schedule

    Any changes to the Services must be agreed by the parties in writing, including by email or message. Neither party may vary the Services of the engagement as set out in the Schedule unless or until the parties have agreed to do so in writing.

     

    3. Failure to Attend and Cancellation

    3.1 Should the Client cancel the session, or fail to attend without providing adequate notice (as specified in item 4 of the Terms and Conditions) to the Photographer, the Client will be liable to pay the Fees and Expenses in full despite the Services not being performed. 

    3.2 If the Photographer cancels the session for any reason, and no alternate date can be agreed upon, all monies paid towards this session will be refunded in full within 5 business days from the notice of cancellation.

     

    4. Fees

    4.1 In payment for the Services, the Client will pay to the Photographer the Fees (plus GST if applicable).

    4.2 The Booking Fee is not refundable but may be transferable to another day, time or person within 3 days prior to the session.

     

    5. Payment Terms

    5.1 At the time of booking, the Photographer will invoice the Client for the Fees and Expenses in line with the provision of Item 4 of the Schedule.

    5.2 The photographer requires a 50% deposit to secure the date and time of the session. The deposit is due upon receipt of the invoice. All remaining funds are due 7 days prior to the session date. Payment is to be made by electronic funds transfer into the Nominated Account.

    5.3 If the Client fails to pay the Fees and Expenses in accordance with this Agreement and any invoice remains overdue after 5 days from the due date, the Photographer reserves the right to cancel the session, and the Client will forfeit any initial payments that may have been made.

     

    6. Intellectual Property

    All session materials will remain the sole property of the photographer. You shall not reproduce any of the materials without the photographer’s prior written consent given in her sole discretion. 

     

    7. Work Standards and No Warranty

    7.1 This coaching relationship is a place to openly bring your challenges, creative ideas, and goals. The photographer’s focus is to help you make more progress towards these goals than you would make on your own. The photographer’s role is that of a coach.

    7.2 The Photographer will deliver the services in a professional manner, in good faith and with all requisite care and skill, however the Photographer does not make any warranty or guarantee as to the Client’s satisfaction with their progress and achievement of goals. 

    7.3 You agree to give 100% to this coaching relationship, knowing that you are ultimately responsible for your photography results. Because of this, no refunds will be given at any point.

    7.4 Relationships are built on communication. If you ever feel that you are not getting what you signed up for, please communicate that directly to the photographer so that reasonable adjustments can be made. The photographer may also provide you feedback during the session(s) in an effort to help you maximize your results.

Last updated: 18 August 2023

0
    0
    Your Cart
    Your cart is emptyReturn to Shop