Terms & Conditions
BASIC/PORTRAIT SHOOTS
1. 25% Up-front reservation fee to secure booking date (non-refundable);
2. Balance payable no less than 2 week prior to shoot date;
3. Payment by Direct Bank Deposit or Cash (by prior arrangement only);
4. Images will be provided on USB (basic retouching and editing included). Complex visual effects will incur additional charges;
5. All due care is taken to capture images as requested however factors such as lighting, weather, timing and unexpected challenges on the day may result in variations on specific shots requested.
6. Where possible an option to reshoot will be honoured to ensure client satisfaction and brief is met;
WEDDINGS
SERVICES INCLUDED FOR THE FEE STATED:
1. A pre-event consultation at the wedding location (where possible) approximately six weeks prior to the wedding date.
2. Coverage time will vary depending on what package is purchased. Please refer to package details above.
3. The rights to print and copy the digital images and DVD’s for personal use and for the purposes of reproduction and giving of photographs to friends and relatives.
4. ENTIRE AGREEMENT
This agreement contains the entire understanding between Pania Brown (“Photographer”) and the undersigned (“Client”). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
5. RESERVATION
Upon your signature, the “Photographer” will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the reservation deposit is non-refundable, even if the date is changed or the wedding cancelled for any reason.
6. RESERVATION FEE
The reservation deposit of 25% is to be paid at time of signing the contract and is applied towards the contracted wedding photography package. The “Client” understands and agrees that the entire amount owed for the wedding photography package (plus any additional expenses) as described in the contract is due no less than two weeks prior to the wedding date.
7. CANCELLATION
In the event of cancellation, the reservation fee paid shall be liquidated damages to the “Photographer” in the event of a breach of contract by the “Client”. The “Client” shall also be responsible for payment of any material charges incurred up to the time of cancellation. If a wedding is rescheduled for another date the Photographer cannot guarantee coverage.
8. PRE-EVENT CONSULTATION
The parties agree to a pre-event consultation before the event date in order to finalize the actual shooting times, locations. The “Client” agrees to complete (in writing) the “Wedding Photography Particulars” document supplied by the “Photographer” prior to the pre-event consultation.
9. NINETY MINUTE WINDOW
The bride and groom agree to set aside at least 30 minutes before the commencement of the wedding ceremony and a 60 minute time frame afterward for photographs that cannot be obtained during the ceremony or reception. The 60 minutes following the ceremony includes group photographs.
If the bride’s or the groom’s late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, The “Photographer” shall not be held liable for failure to take desired photographs.
10. EVENT GUIDE
The “Client” will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
11. CO-OPERATION
The parties agree to positive co-operation and communication for the best possible result within the definition of this assignment. The “Photographer” is not responsible if key individuals fail to appear or co-operate during photography sessions, neither for missed images due to details not revealed to the “Photographer”. The “Photographer” recommends that the “Client” designate an “event guide” on the day to point out important individuals (see Pre-event consultation above) for informal or candid photographs to the photographer during the wedding that they wish to have photographed.
The “Client” is responsible for the conduct of their guests.
The “Client” will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer.
Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The “Client” should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.
12. SHOOTING TIME / ADDITIONS
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the “Client” in a manner enjoyed by all parties. “Client” and “Photographer” agree that positive cooperation and punctuality are therefore essential to that purpose and that shooting commences at the scheduled start time. Should the ceremony start late due to any reason whatsoever, the “Photographer” will not be held liable for any photographs not taken.
13. VENUE RULES
The “Photographer” is limited by the guidelines set out by the ceremony official or reception site management. The “Client” agrees to accept the technical results of their imposition on the “Photographer”. Negotiation with the officials for moderation of guidelines is “Client’s” responsibility; The “Photographer” will offer technical recommendations only.
14. COPYRIGHTS / PRINT RELEASE
Until final payment for services rendered is made, the photographs produced by the “Photographer” are protected by Federal Copyright Laws (all rights reserved) and may not be reproduced in any manner without the “Photographer’s” written permission. Upon final payment by the “Client”, a print release of the resulting images will be transferred to the “Client” under the following conditions:
(I). The digital images and DVDs are the provided to the “Client” for personal use and for the purposes of reproduction and giving of photographs to friends and relatives.
(II). The “Client” must obtain written permission from and compensate the “Photographer” prior to the “Client” or its friends and relatives publishing or selling the photographs for profit.
15. MODEL RELEASE
The “Client” hereby grants to the “Photographer” and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the “Client” or in which the “Client” may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The “Client” hereby releases the “Photographer” and its legal representatives an assigns from all claims and liability relating to the said photographs.
16. EXHIBITION
The “Client” grants the “Photographer” permission to display the images resulting from this assignment as an example of the “Photographer’s” work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
17. CONDUCT
The “Photographer” will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the “Client” is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The “Client” understands that in such an event, no refunds will be granted.
18. COMPLETION SCHEDULE
Photograph processing takes approximately four - six weeks. Every effort will be made to ensure that the finished product is available prior to the time limit; however where circumstances beyond the “Photographer’s” control prevent early availability or cause a delay past six weeks the photographer will not be held accountable.
19. PAYMENT SCHEDULE
The “Client” agrees that 20% deposit is required at the time of contract acceptance and the remaining balance is due on two weeks prior to the wedding date.
20. METHOD OF REMUNERATION
Payment may be made by Cash or Direct Bank Deposit.
21. EXPENSES
This package includes travel up to 30 mins from Townsville CBD. Where a venue is more than 60 minutes drive from the Townsville CBD the “Client” is responsible for the costs of accommodation, meals, etc for the photographer.
22. LIMIT OF LIABILITY
In the unlikely event that the “Photographer” is injured or becomes too ill to photograph the event it may be necessary to retain an alternative photographer. The “Photographer” will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff.
If this situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
The “Client” agrees that a re-shoot is not possible nor is it possible to re-enact the wedding for the purposes of a re-shoot.
The “Photographer” takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the “Photographer’s” control, the “Photographer’s” liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
The return of monies paid under these circumstances may be made as instalments when the photographer is unable to repay the entire amount as a lump sum.
23. NON-GUARANTEE
Although every possible care will be taken to produce photographs of all important and special events during the wedding, The “Photographer” cannot place an unconditional guarantee on the above. The “Photographer” will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the “Photographer’s control.
24. PERFORMANCE
The performance of this contract on behalf of the “Photographer” shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond their control.
25. SEVERABILITY
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
26. AMENDMENTS
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the “Client” and the “Photographer” at the time of acceptance of this contract shall be recognised as amendments to this contract.
27. SIGNED AGREEMENT
I have read and understood the terms above. I hereby agree to the terms of this agreement.
EVENTS: (Corporate, Graduation, Debutante, Engagement, Birthday, Christenings etc)
SERVICES INCLUDED FOR THE FEE STATED:
1. A pre-event consultation at the event location (where possible) approximately six weeks prior to the event date.
2. Coverage time will vary depending on what package is purchased. Please refer to package details above.
3. The rights to print and copy the digital images and DVD’s for personal use and for the purposes of reproduction and giving of photographs to friends and relatives.
4. ENTIRE AGREEMENT
This agreement contains the entire understanding between Pania Brown (“Photographer”) and the undersigned (“Client”). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
5. RESERVATION
Upon your signature, the “Photographer” will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the reservation deposit is non-refundable, even if the date is changed or the event is cancelled for any reason.
6. RESERVATION FEE
The reservation fee of 25% is to be paid at time of signing the contract and is applied towards the contracted photography package. The “Client” understands and agrees that the entire amount owed for the photography package (plus any additional expenses) as described in the contract is due no less than two weeks prior to the event date.
7. CANCELLATION
In the event of cancellation, the reservation fee paid shall be liquidated damages to the “Photographer” in the event of a breach of contract by the “Client”. The “Client” shall also be responsible for payment of any material charges incurred up to the time of cancellation. If an event is rescheduled for another date the Photographer cannot guarantee coverage.
8. PRE-EVENT CONSULTATION
The parties agree to a pre-event consultation before the event date in order to finalize the actual shooting times, locations. The “Client” agrees to complete (in writing) the “Required Information” document supplied by the “Photographer” prior to the pre-event consultation.
9. NINETY MINUTE WINDOW
The event organisers agree to set aside at least 30 minutes before the commencement of the event and a 60 minute time frame afterward for photographs that cannot be obtained during the event. The 60 minutes following the event includes group photographs.
If attendees late arrival (or any other reason outside of the photographer’s control) prevents this 90 minute window from occurring, The “Photographer” shall not be held liable for failure to take desired photographs.
10. EVENT GUIDE
The “Client” will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).
11. CO-OPERATION
The parties agree to positive co-operation and communication for the best possible result within the definition of this assignment. The “Photographer” is not responsible if key individuals fail to appear or co-operate during photography sessions, neither for missed images due to details not revealed to the “Photographer”. The “Photographer” recommends that the “Client” designate an “event guide” on the day to point out important individuals (see Pre-event consultation above) for informal or candid photographs to the photographer during the event that they wish to have photographed.
The “Client” is responsible for the conduct of their guests.
The “Client” will direct all other service providers (florist, DJ, caterer, etc.) to provide any needed information and cooperation to the photographer.
Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The “Client” should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the event day should be planned to make the best use of time from all vendors.
12. SHOOTING TIME / ADDITIONS
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the “Client” in a manner enjoyed by all parties. “Client” and “Photographer” agree that positive cooperation and punctuality are therefore essential to that purpose and that shooting commences at the scheduled start time. Should the ceremony start late due to any reason whatsoever, the “Photographer” will not be held liable for any photographs not taken.
13. VENUE RULES
The “Photographer” is limited by the guidelines set out by the ceremony official or reception site management. The “Client” agrees to accept the technical results of their imposition on the “Photographer”. Negotiation with the officials for moderation of guidelines is “Client’s” responsibility; The “Photographer” will offer technical recommendations only.
14. COPYRIGHTS / PRINT RELEASE
Until final payment for services rendered is made, the photographs produced by the “Photographer” are protected by Federal Copyright Laws (all rights reserved) and may not be reproduced in any manner without the “Photographer’s” written permission. Upon final payment by the “Client”, a print release of the resulting images will be transferred to the “Client” under the following conditions:
(I). The digital images and DVDs are the provided to the “Client” for personal use and for the purposes of reproduction and giving of photographs to friends and relatives.
(II). The “Client” must obtain written permission from and compensate the “Photographer” prior to the “Client” or its friends and relatives publishing or selling the photographs for profit.
15. MODEL RELEASE
The “Client” hereby grants to the “Photographer” and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the “Client” or in which the “Client” may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The “Client” hereby releases the “Photographer” and its legal representatives an assigns from all claims and liability relating to the said photographs.
16. EXHIBITION
The “Client” grants the “Photographer” permission to display the images resulting from this assignment as an example of the “Photographer’s” work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
17. CONDUCT
The “Photographer” will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken. If the “Client” is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The “Client” understands that in such an event, no refunds will be granted.
18. COMPLETION SCHEDULE
Photograph processing takes approximately four - six weeks. Every effort will be made to ensure that the finished product is available prior to the time limit; however where circumstances beyond the “Photographer’s” control prevent early availability or cause a delay past six weeks the photographer will not be held accountable.
19. PAYMENT SCHEDULE
The “Client” agrees that 20% deposit is required at the time of contract acceptance and the remaining balance is due no less than two weeks prior to the event date.
20. METHOD OF REMUNERATION
Payment may be made by Cash or Direct Bank Deposit.
21. EXPENSES
This package includes travel up to 30 mins from Townsville CBD. Where a venue is more than 60 minutes drive from the Townsville CBD the “Client” is responsible for the costs of accommodation, meals, etc for the photographer.
22. LIMIT OF LIABILITY
In the unlikely event that the “Photographer” is injured or becomes too ill to photograph the event it may be necessary to retain an alternative photographer. The “Photographer” will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff.
If this situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
The “Client” agrees that a re-shoot is not possible nor is it possible to re-enact the event for the purposes of a re-shoot.
The “Photographer” takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the “Photographer’s” control, the “Photographer’s” liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The return of monies paid under these circumstances may be made as instalments when the photographer is unable to repay the entire amount as a lump sum.
23. NON-GUARANTEE
Although every possible care will be taken to produce photographs of all important and special events during the event, The “Photographer” cannot place an unconditional guarantee on the above. The “Photographer” will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of the “Photographer’s control.
24. PERFORMANCE
The performance of this contract on behalf of the “Photographer” shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond their control.
25. SEVERABILITY
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
26. AMENDMENTS
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the “Client” and the “Photographer” at the time of acceptance of this contract shall be recognised as amendments to this contract.
27. SIGNED AGREEMENT
I have read and understood the terms above. I hereby agree to the terms of this agreement.