Agreement
The Vendor and the Client hereby acknowledge that the following Standard
Terms and Conditions are incorporated in and made a part of the Agreement
between the parties hereto.
1. ENGAGEMENT AND SERVICES
1.1 The Agreement is between the Vendor and the Client. The Client wishes
to engage the Vendor and the Vrendor accepts the engagement to
hereby:
(a) provide the Services to the Client;
(b) produce the Photographs & Photo booth services ;
2. PAYMENT AND FEES
2.1. The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the
Vendor.
2.2 The Client agrees to pay the 50% deposit upon booking within 24 hours of booking made.
2.3 The client is to ensure full payment is made prior to the commencement date of the session.
2.4 Travel fees (if applicable) are to be made to the Vendor by the client
3. RIGHTS GRANTED
3.1. The Vendor has the right of promoting and marketing the Photographs taken, including but not limited to displaying the Photographs in the portfolio, on the Little Memories Photography website and in galleries, or in photography competitions.
4. INTELLECTUAL PROPERTY
4.1. The Vendor is the owner of the intellectual property created by the Vendor in the course of the Services, including but not limited to the Photographs, digital or electronic material, transparencies, negatives, and prints relating to the Photographs.
4.2. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) from which the Photographs are derived. No interest in the negatives (and/or digital equivalent) is assigned. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.
5. PHOTOGRAPHER’S INTERPRETATION
5.1. The Parties agree and acknowledge that the details of the Services, Vendors and/or works the subject of this Agreement have been discussed by the Parties and are described in the invoice provided. It is further acknowledged that in the event that the Client or the Client’s representative is not present on the Event Date(s) at the location, then the Vendor’s interpretation of the Services shall prevail.
6. WARRANTY AND INDEMNITY
5.1. The Client warrants to the Vendor that:
(a) it has the capacity and authority to enter into this Agreement;
(b) it has obtained the necessary clearances in relation to the subject matter to be
photographed; and
(c) it will only use the Photographs in accordance with the agreement
7. CANCELLATION BY CLIENT
7.1 If the Client cancels the Agreement prior to the appointment date, the vendor reserves the right to keep the Cancellation Fee set 50% of the fee paid (deposit amount). In the event that the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full Fee and Expenses (unless discussed prior).
7.2 If the client cancels due to a change of mind, they are no longer entitled to a refund.
8. TERMINATION
8.1. This Agreement may be terminated if:
(a) The Client fails to pay any part of the Fee or Expenses;
(b) The Client is declared bankrupt, enters into administration or into liquidation;
or
(c) The Client is in breach of this Agreement and has failed to rectify the breachwithin 30 days after receiving notice from the Vendor of such a breach.
8.2. Immediately upon termination:
(a) All rights in the Photograph/s and/or work(s) revert to the Vendor;
(b) The Client must return all physical property (including but not limited to the photographs and any equipment/props); and
(c) All Fees and Expenses owed to the Vendor under this Agreement must be paid in full.
9. MISCELLANEOUS
9.1. This Agreement constitutes the entire understanding between the Parties, and
may not be modified, amended, or otherwise altered unless agreed in writing
between the parties.
9.2. Each party must do all acts and execute all documents as necessary to give effect to this Agreement.
10. DAMAGES
10.1. The Vendor retains the right to hold card details on file encase of damages made
10.2 The client is required to pay for damages made during the course of their event by the client of their guests
10.3 If damages occur the Vendor is able to withdraw the funds from the card on file after notification via email has been sent to the client.
11. PHOTO BOOTH RULES
It’s important to know that when you book us the booth is treated with respect and kindness. So that it stays clean & tidy for all of your guests to use and eliminate any damages for future events (so please have your celebrant and mc inform guests
- No smoking inside the photobooth area
- No drinking inside the photobooth area
- Keep it tidy
- Children are to be accompanied at ALL times
- Have fun
12. SET UP / PACK DOWN (EXIT)
12.1. The Client understands that some venues will only allow us to set up and pack down when guests are safely indoors or within a safe distance from the photo booth
12.2 If we are required to stay longer than required fees may apply.