Terms and conditions 

Photography Contract

Parties:

Brendan Creaser

brendancreaserphotography@gmail.com

Known as the "Photographer"
 

AND  

 

The persons photographed
 

Known as "Client"
 

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

 

TERMS

1. Definitions

In this Agreement the terms:

 

  • Image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video, or any other item which may be offered for the purposes of reproduction;

  • Reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

 

  • Guests include the Client and whomever they have chosen to include in the photoshoot 

1.4 Session/event refers to the Wedding session/event/photoshoot. 

 

 

Service and Images

  • The Photographer will provide the edited images via online gallery. The gallery will remain available to the client for an undefined period and the photographer encourages the client to download and store the images in two separate locations. The photographer will keep the album online for as long as possible, however reserves the right to remove it at any time. The photographer will endeavour to give prior warning to the client.  

  • The RAW/digital files remain the property of the Photographer and will be kept on file for at least a period of 1 year.  The Photographer is not liable to deliver every image taken at the event to the client. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use his professional judgment and sole discretion to select which photos to deliver. 

  • No RAW or unedited photographs will be made available to the client at any time.  Images are not to be altered or edited by the client or outside parties. The final images are a product of the photographers work and they have already been edited to convey the photographer’s style.

  • Style. During the hours reserved the Photographer agrees to capture images of the clients and guests in formal and informal/candid settings. The Client agrees they have spent a satisfactory amount of time reviewing the Photographer's work and has a reasonable expectation that the Photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.  

  • The total cost for all Services is as detailed in the invoice.  The Client is required to make payment of the Booking Fee of $550 AUD (or as otherwise detailed in the invoice) before the Photographer can confirm the booking.  The Client is required to pay the balance of the full Fee to the Photographer 14 days before the event is scheduled to take place. All fees are to be paid by Bank Transfer to the Photographer’s bank account, as detailed on the invoice. The fees are exclusive of GST, unless otherwise indicated in this Agreement or on any tax invoice. 


 

  • The client agrees to make every effort to cooperate in order for the photographer to fulfil its contracted photographic duty. The client acknowledges the photographer cannot accept responsibility for the 'extent’ of the photographic coverage if these details are incorrect or if the client chooses not to follow the agreed to schedule. 
     

  • The Client is responsible for the conduct of their guests at all times.  The Photographer will not tolerate offensive, hostile, inappropriate, threatening, verbally or physically abusive behaviour session or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) from any guest(s). If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct referred to above or if the conduct of any guest damages the equipment of the photographer or any guest steals the equipment of the photographer it will result in the following action being taken:
     

  • To avoid disruption to the photographic coverage and to allow the photographer to fulfil its contracted duty; other photography by family/friends at this time is not permitted unless discussed with the photographer prior to the event. 
     

  • The Client agrees that the photographer owns the Copyright to all images taken during the event. The client gives the photographer unrestricted rights to use any image from the event for industry competitions and as required for promotional and advertisement purposes including but not limited to print form and on the internet including social media and websites. The client agrees not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. The client will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by the photographer. 

    The Client agrees that upon receiving a final copy of the images, limited copyright ownership of the said photographs will be transferred to the Client. The Photographer grants the Client permission to publish web-ready photographs on any public forum, website, blog or social networking websites, and publish via e-mail with family and friends as well as print an unlimited number of the high-resolution photographs at their      discretion, for personal use only.

 

 

  • In the event of cancellation of the session by the Client after payment of the Booking Fee, no refunds will be issued. In the event of cancellation of the session by the Client after payment of the full fee has been made (and prior to the session taking place), a 50% cancellation fee of the full fee applies and the Photographer will return 50% of the full fee to the client within 7 days of receiving nominated payment information after cancellation.  No refunds will be issued at any time after the event has taken place.

  • Privacy of Client Information. The Photographer will not at any time or in any manner, either directly or indirectly, use for the personal benefit, or divulge or disclose or communicate in any manner, any and all personal information that is provided by the Client to the Photographer for the purposes of this Agreement unless otherwise stated in this Agreement.  The Photographer will protect such information and treat it as confidential and will not disclose such information without the prior written approval of the Client.  The Photographer agrees to comply with the Privacy Acts, any approved Privacy Codes as amended from time to time in respect of any personal or health information held by the Photographer.  The obligations of this clause are continuing and shall not cease on termination of this Agreement.
     

  • Limitation of Liability. The 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 the Client for the Services. In no event, shall the Photographer be liable for special, incidental, consequential or punitive damage, even if the Client informs the Photographer of circumstances that would give rise to such damages. The Client will not hold the Photographer responsible for any accidental injury incurred before, during or after the session.

  • Compromised Coverage.  The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations.
     

  • Loss of Digital Files. 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’s liability is limited to the return of 80% of the payments received by the Photographer for the Event. The Photographer is not liable for the loss of images after a copy of same has been provided to the Client.

 

  • Storage of Printed Products. The Photographer has no control over the environment in which any printed photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is minimised when exposed to strong and prolonged sunlight, heat or fluorescent light sources.

  • Online Gallery. The downloading of any materials through your private online gallery is done so at your own discretion and risk and with your agreement that you will be solely responsible for any damages to your computer system of loss of data that results from such activities. In no way and in no event will the Photographer or affiliates be liable to the Client or to any third party for any special, punitive, incidental or consequential damages of any kind, or any damages whatsoever including without limitation, those resulting from loss of use or data whether or not we have been advised of the possibility of such damages and on any theory of liability arising out of or in connection with the use of the online private gallery website (www.pixieset.com).

  • Warranty. All services are provided by the Photographer on an “as is” and “as available” basis without warranty of any kind, either express or implied. The Photographer makes no warranty that the services will meet your requirements, or the services will be timely, secure or error-free, or that the quality of any services will meet your expectations or be free from mistakes, errors or defects.

  • Indemnification. The Client shall defend, indemnify, hold harmless and insure the Photographer from any and all damages, expenses, loss or liability resulting from or arising out of any faulty equipment, equipment failure or technological failure.  Cameras, hard drives, and memory cards are subject to technical failure.  The Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.

  • Vendor meal. Client agrees to organise with the caterer for meals to be provided for the Photographer. Meal times are best suited when bridal party and guests are also having their meals.    

 

Model Release - Photographs of Adults

 

The Client gives the Photographer the worldwide, perpetual and irrevocable right and permission permanent, to copyright, publish, re-publish, use and re-use, reproduce, and adapt any photography created by the Photographer of me or in which I or any other adult involved in the session may be included intact or in part, composite or distorted in character or form, in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including but not limited to the right to:

 

a) Publish and communicate the photographs on the Photographer’s blog, website, Facebook page and/or any other social media tool used by the Photographer;

 

b)     Use the Client's name in connection with the photographs in any media now or hereafter known for any other purpose whatsoever;

 

c)     Publish and communicate the photographs in any of the Photographer’s promotional and/or advertising material in any medium;

 

d)     Reproduce the photographs by making prints, photocopying, and digitising;

 

e)     To alter the photographs without restriction;

 

f)       For any other purposes and in any manner.

 

The Client warrants that they have obtained consent from and authority from all adult persons included in the photographs from the session and will indemnify and defend the Photographer from any litigation arising out of any use of the photographs and/or video of any other adult person included in the session in accordance with the above.

 

 

Minor Model Release - Photographs of Children

 

The Client confers and assigns to the Photographer the absolute and irrevocable unrestricted right and permission with respect to the photographs that the Photographer has taken of the Client’s minor child/children in which he/she may be included with others, included intact or in part, composite or distorted in character or form, in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known to:

 

a) Publish and communicate the photographs on the Photographer’s blog, website, Facebook page and/or any other social media tool used by the Photographer;

 

b) Use my name or my child’s name in connection with the photographs on the photographer’s blog, website, Facebook page and/or any other social media tool used by the Photographer; and

 

c) Publish and communicate the photographs in any of the Photographer’s promotional and/or advertising material in any medium;

 

d) Reproduce the photographs by making prints, photocopying, and digitising;

 

e) To alter the photographs without restriction;

 

f) For any other purposes and in any manner.

 

The Client warrant that the Client is of full age and is entitled to contract on behalf of the child/children in the above regard.
 

 

Cancellations, No-Show's and Rescheduling

  • If Client desires to cancel Services, or if it becomes impossible for the Photographer to provide Services due to the fault of the Client or parties related to Client, such as failure of one or more essential persons of the Client's family to show up in a timely manner, or the Client fails to arrive at the Session location on the agreed upon date and time, then the Photographer reserves the right to immediately terminate this Agreement and the Client agrees to forfeit any monies paid to the Photographer.
     

  • Rescheduling of Event. If the Client needs to reschedule the Event, the client will contact the Photographer as soon as possible. The Photographer agrees to reschedule for no charge if the new date is available. If the new date is not available, this contract will terminate at the agreement of both the client and photographer. Any additional requests to reschedule the event will incur a fee of $250 AUD.
     

 

Termination of this Agreement

Termination by Agreement. This Agreement shall be effective on the date it is signed by both the Client and Photographer and shall continue until writing in notice by either party is given, indicating their attention to terminate such Agreement.  The writing must allow for at least two weeks’ notice to either party of the desire to terminate the Agreement and continuation of working together until such time.

Termination by Photographer. The Photographer may otherwise terminate this Agreement by written notice, if the Client is in breach of any provision set out in this Agreement and fails to take reasonable steps to remedy the breach within a reasonable time as determined by the Photographer. 

 

Impossibility

Force Majeure (unforeseeable circumstances). Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party. Disastrous events can include but are not limited to; fire, flood, casualty, strike, civil disturbance, war, terrorism, or other acts of God beyond the parties’ control. The photographer will refund all monies paid and this agreement shall immediately terminate.

In the event that the photographer cannot perform their duties as per this agreement due to extenuating circumstance such as illness, the photographer will endeavour to find a replacement photographer at the client’s discretion or reimburse the full amount the client has paid and this agreement shall immediately terminate.
 

General Provisions

This Agreement is governed by the laws of the State of Victoria, Australia. The Parties submit to the exclusive jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitor fee, costs and expenses arising from such litigation or dispute from non-prevailing party. This Agreement may be executed in counterparts. The execution of a signature page of this Agreement by the Client shall constitute the execution of the Agreement, and the Agreement shall be binding on each party as at the date of the Client's execution.  To avoid any confusion, the Photographer accepts the terms of the Agreement and agrees to be bound by them as at and from the date the Client executes this Agreement. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent.  In the event of any dispute (“Dispute”) under this Agreement the parties agree to notify the other party of the details of the dispute in writing.  During a fourteen (14) day period after such written notice is given, or any longer period as agreed to between the parties, each party must negotiate in good faith and use their best efforts to resolve the Dispute. This Agreement along with its annexure is an entire document and supersedes any and all other Agreements, either oral or in writing, between the parties hereto.  This Agreement may only be amended in writing.

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© 2020 - Brendan Creaser Photography