Terms & Conditions

Updated : 10.04.2022


Recitals:

R1. The Photographer has been requested by the Client to provide the photography package (“services”) selected by the Client in the quote.

R2. The Client agrees to engage the Photographer upon the terms and conditions in this Agreement.

R3.  The Photographer refers the enquiry, booking, and invoicing of any videography to that of the chosen videographer.    


Operative Part:


1.  FEES

1.1. The Client agrees to pay the Photographer the Total Fee specified in the quote for the services, which includes any applicable GST. (%job_revenue%)

1.2. The Client agrees to pay the Photographer a booking fee of $50.00 for all bookings except weddings. Weddings require 25% of the invoice total which will be deducted from the Total Fee.

1.3. The booking fee must be paid to the Photographer within 48 hours of the Client signing this agreement.

1.4. Until the booking fee is paid, the Photographer is not obliged to hold the photography session date(s) for the Client.

1.5. The booking fee once paid is non-refundable.

1.6. The balance of the Total Fee shall be paid a minimum of fourteen (14) days prior to the shoot.



2.  SERVICES

2.1. This contract is for services and products related to a photography shoot (“shoot”) to take place at the venue, date, and time specified in the quote.

2.2.  The Photographer agrees to provide no fewer than the number of images/photographs specified in the services selected by the Client, for the Client to view after the shoot, and is not required to provide more than this number of images/photographs.

2.3. The Photographer will use best endeavours to meet the Clients wishes with respect to the images/photographs to be captured however the Client agrees that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the shoot.

2.4. The Photographer is not required to retain copies of the images/photographs from the shoot 30 days after the images/photographs have been made available to the Client.



3.  VENUE AND LOCATION LIMITATIONS 

3.1. The Photographer is limited by the rules and guidelines of the location(s), site management, and local governments where the shoot is to take place. The Client agrees to accept the technical results of their imposition on the Photographer.  Any negotiation with local governments for the moderation of rules and guidelines is the Client’s responsibility. The Photographer will offer technical recommendations only.  



4.  EVENT MEALS 

4.1. For weddings of more than 4 hours duration, the Client shall arrange with the caterer for meals to be provided to Photographer, Videographer, and one (1) assistant (if applicable).



5.  MODEL RELEASE & COPYRIGHT

5.1. All photographs taken by Photographer at the event, in whatever form, are copyright protected.

5.2. The Client hereby assigns to the Photographer, the irrevocable and unrestricted right to use and publish images/photographs of the Client (or the Client’s family, friends, or guests attending the shoot) or likeness thereof, in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses; to alter the same without restriction, and to copyright the same without restriction.  

5.3. The Client releases all claims to profits that may arise from the use of images/photographs and acknowledges that the Total Fee includes a discount for the model release. 

5.4. If the Client wishes for the model release discount not to be included in the contract, charges may apply, payable to the Photographer. 

5.5. If the Client wishes to share the images/photographs on any form of social media or on a website, then photo credit, Instagram: @foxandwildling_photography" or Facebook: @foxandwildlingphotography, must be given to the Photographer.



6.  POST-PRODUCTION AND EDITING 

6.1. The Client hereby agrees that the final post-production and editing styles, shall be left to the sole discretion of the Photographer and the Photographer will not deliver unedited images/photographs.

6.2. The Client agrees to not edit or alter in any way, any of the images/photographs.

6.3 Raw files/ images will not be given under any circumstances.

6.4 The Photographer does not offer editing or post-editing of any images

using Photoshop.



7.  CANCELLATION 

7.1. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.

7.2. If the Client is unable to attend the shoot for any reason, the Photographer will u endeavour to provide an alternative date for the shoot.

7.3. If an alternative date cannot be agreed and the Client has paid the Total Fee (in full), the Photographer agrees to provide a refund to the Client calculated as follows:

7.4. The Photographer will retain the non-refundable booking fee as specified in Clause 1.5.

7.5. If the Client cancels the shoot with less than seventy-two (72) hours notice, a further 25% of the Total Fee, in addition to the non-refundable booking fee will be retained by the Photographer in the case where it is not possible to re-schedule.

7.6. The Photographer shall further be entitled to retain any non-refundable costs or other fees paid by the Photographer for the shoot, including but not limited to the studio, equipment and apparel hire, and personnel.

7.7 If Covid19 comes into effect and for any reason, the event needs to be cancelled, date changed or package altered, this must be discussed at the time of making your booking.

7.7.1 If the Photographer is available on a newly scheduled date, then the photography can go ahead as planned. Should the newly chosen date by the Client/s be taken already, the deposit can be forfeited or used towards a

session in the future. Valid 3 years from the date of the original session. No monetary differences to be refunded.



8.  RELEASE AND INDEMNITY 

8.1.  In consideration of the Photographer providing the services, the Client: 

    8.1.1. releases and forever discharges the Photographer from all claims that the Client      may have or may have had but for this release arising from or in connection with the Clients participation in the shoot; and

    8.1.2.  indemnifies and holds harmless the Photographer to the extent permitted by law in respect of any claim by any person including, but not limited to, another participant in the shoot arising as a result of, or in connection with, the Clients or another participants participation in the shoot.

 

9.  EXCLUSION OF LIABILITY

9.1. Except where provided or required by law and such cannot be excluded, the Client agrees that it is a term of the Clients participation in the shoot, that the Photographer is absolved from all liability, whether arising from injury or damage and howsoever caused (including by the negligence of the Photographer), arising out of the Clients or another participants participation in the shoot.


10.  SEVERANCE

10.1. If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void, or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.



11.  GOVERNING LAW

11.1. This Agreement is governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there, in connection with matters concerning this Agreement.



12.  PROTECTION OF DELIVERABLES/RETENTION OF FILES 

12.1.  Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the event, regardless of the form of media in which they are stored.


13.  PROMOTION 

13.1.  I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional, and any other lawful purposes such as promotion and marketing.

 

14. PRICING & ADDITIONAL PRODUCTS

Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit / Gift vouchers have no intrinsic cash value and may only be applied toward products or services purchased. Vouchers are valid from 3 years from date of issue.