WHETHER YOU DO OR DON'T SIGN THE AGREEMENT IT IS YOUR RESPONSIBILITY AND YOU MUST OBIDE BY THE TERMS AND CONDITIONS STATED BELOW
The Photographer and the Client hereby acknowledge that the following Standard
Terms and Conditions are incorporated in and make a part of the Agreement
between the parties hereto.
1. ENGAGEMENT AND SERVICES
1.1 The Agreement is between the Photographer and the Client. The Client wishes
to engage the Photographer and the Photographer accepts the engagement to
(a) provide the Services to the Client;
(b) produce the Photographs;
2. PAYMENT AND FEES
2.1. The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the
2.2 The client is to ensure full payment is made within 24 hours of the invoice being sent.
2.3 The photographer will send a maximum of 3 reminders to pay the invoice. (if no response the session will be cancelled)
3. RIGHTS GRANTED
3.1. The Photographer asserts all moral rights attached to the Photographs, and the Client does NOT
have the right to edit, change, add to, take from, alter or otherwise amend the photographs without the prior written consent of the Photographer.
3.2. The photographer has the right of promoting and marketing the Photographs taken, including but not limited to displaying the Photographs in the Photographer’s portfolio, on the Photographer’s website and in galleries, or in photography competitions.
4. INTELLECTUAL PROPERTY
4.1. The Photographer is the owner of the intellectual property created by the Photographer 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, Photographs 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 Photography Date(s) at the Location, then the Photographer’s interpretation of the Services shall prevail.
6. WARRANTY AND INDEMNITY
5.1. The Client warrants to the Photographer 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
(c) it will only use the Photographs in accordance with the agreeement
7. CANCELLATION BY CLIENT
7.1 If the Client cancels the Agreement prior to the appointment date as stated below within 7 days of the appointment date, the Photographer reserves the right to charge the Cancellation Fee set 50% of the fee paid. 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.
7.2 If the client cancels due to a change of mind, they are no longer entitled to a refund.
7.3 If the client cancels the appointment due to situations we cant control they are only entitled to a 50% refund
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;
(c) The Client is in breach of this Agreement and has failed to rectify the breach
within 30 days after receiving notice from the Photographer of such breach.
8.2. Immediately upon termination:
(a) All rights in the Photograph/s and/or work(s) revert to the Photographer;
(b) The Client must return all physical property (including but not limited to the
Photographs and any equipment); and
(c) All Fees and Expenses owed to the Photographer under this Agreement must be paid in full.
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.
9.2. The Client must not assign or sub-license all or any of its rights in this
Agreement without the prior written consent of the Photographer.
9.3 The photographer retains the right to move/reschedule any standard sessions if a wedding inquiry comes in for the dates a standard session is booked for.
9. NO SHOW
9.1. If the client does not show up to their appointment on the day or time booked then they automatically forfeit their entire booking fee.
Sharing the photographer's watermarked images
Sharing and screenshotting our watermarked images is not allowed unless agreed to in writing with the photographer. We work hard to photograph and edit your images so if you share the image you screenshotted on social media consider it added to your next invoice along with your chosen favorites.
Facebook and Instagram have systems that pick up on the image filters and will potentially/temporarily suspend your account. Our system copyright watermarks your image gallery until you receive the original copies. This is what social media picks up on and will flag it as 'going against their community guidelines' So we would highly advise and request that you don't share these images without our consent.
We are not responsible if your account becomes suspended or temporarily banned.
Our motto is "you share it you pay for it."
With these types of sessions they can. be affected by the weather. If it is raining on the day we will message you to reschedule the session to the next available time.
If the session is a mini session we will do our best to fit the whole group within the next available day. As the minis are a specialty session at a discount we need to work around a date that works for everyone booked in for that day. We will check the weather at the start of the week and then send you a message to inform you of the potential reschedule. As the date approaches, I will assess the predicted weather forecast a day before the session is to commence.
Unfortunately, we do not offer refunds on weather-affected sessions as the weather is something we can't control, and do our best to accommodate
Pet accidents & Restraints
You are solely responsible for the clean-up of any wee and poop inside and outside of the studio and or location. Please bring with you poo bags as you never know what your little pupper may get upto hehe. We have had even the most well-behaved puppers poop in our studio hehe.
When you arrive please ensure your gorgeous little puppers' are on leads at all times when passing from the car to the studio and locations. In the studio, once they have calmed and understand their surroundings we will then ask you to tale their leads off.