Terms & Conditions

1. SERVICES: Client retains Photographer to provide the products and services as set forth by written Agreement.

2. CONTACTS AND SCHEDULE: The contact information, dates, locations and other pertinent information are as set forth in the Event Schedule.

3. PURCHASE PRICE AND PAYMENT: The purchase price is set forth in written Agreement. The purchase price is due and payable as follows: (a) a non-refundable deposit fee as set forth in the written Agreement shall be due upon Agreement; (b) the full balance of the purchase price shall be paid as set forth. The retainer fee will be applied to the purchase price. Photographer will not begin any post-production work, such as editing, or deliver any product unless payment in full is received. Additionally, unless payment is received in full, Photographer has no obligation to deliver any product to Client .A $50 late fee will be applied if the full balance is not paid one week prior to the final event date.

4. TRAVEL COSTS: Travel costs will be clearly set forth in written Agreement.

5. RESERVED DATES: Upon execution of this agreement and receipt of the deposit fee, Photographer will reserve the date(s) and time(s) agreed upon, at which point the retainer fee shall be non-refundable. Should Client need to amend the reserved date(s), and Photographer is available and agrees to amend date(s), $0 rescheduling fee will apply. Should client cancel their original event, client may use retainer toward services by Photographer within 2 years of original event date. After 2 years, Photographer is not liable to complete any services whatsoever for Client, and a new contract will need to be signed as well as retainer paid to reserve any new date(s).

6. COPYRIGHTS: Photographer retains all copyrights to the products produced and therefore reserves the right to use any portion thereof for advertising, display, internet promotion, publication and other purposes.

7. RAW FOOTAGE: Raw images are not provided as a complementary service. Raw images may be available for purchase at the sole discretion of Photographer.

8. SHOOTING AND EDITING STYLE: The Client understands that the photographer is hired based on their style of shooting and editing, and as such the final piece is considered a commissioned product. Therefore, the client allows Photographer the freedom to work in their chosen style and allows the photographer the freedom to make shooting and final editing decisions based on the availability of useable images and the flow of the final edited product. Photographer makes no guarantees that all friends and family will be present in the final edited product. Also, due to the shooting style of Photographer, the amount of footage captured may vary greatly. Photographer shoots select highlights throughout the day and does not capture every moment of every event. This type of shooting is performed with the final product in mind. Photographer reserves the right to delete or discard images deemed unusable either before or after editing has occurred. Also, due to the live nature of weddings, special events, and photo shoots, Photographer cannot be held responsible for capturing every requested moment at the event. Photographer shall not be held responsible for the physical appearance of the individuals in the images.

9. ARCHIVING: Photographer will use their best efforts to archive a self-contained file of any final product for 12 (twelve) months after the date of delivery. After this time, the edited images are archived into self-contained files that cannot be modified, and all raw images are deleted from any hard drives.

10. IMAGES TAKEN: Unless agreed upon in the written Agreement, Photographer makes no guarantees about a minimum number of images taken on the event date. Due to the individual nature of each event, the final amount may vary greatly.

11. EDITED IMAGES: Photographer agrees to edit the best images taken at their own discretion. Photographer will filter through the images taken and will not edit images they do not deem worthy of additional time and effort. Photographer agrees to edit all images they feel are of value and importance.

12.PRINT RELEASE POLICY: Client has full printing rights to edited images.

13. PACKAGE ADJUSTMENTS: Client agrees on package and coverage as stated. Client may not reduce package coverage or price at any point. However, client may add additional coverage onto the package agreed upon below.

14. CANCELLATIONS: All payments made by Client to Photographer are non-refundable, even upon cancellation of sessions. Once client has paid in full, Photographer may decide to refund money at their discretion (refunds are made on cancellations due to Covid-19 out of the client’s control ie. Government mandates), but is not obligated to return any payments.

15.SOCIAL MEDIA: Client may share blog posts, Instagram posts, and Facebook albums through direct links. Client shall not screenshot, save, or copy images in any other fashion. Client may not apply additional editing or filters to images at any point. Client must credit/tag Photographer in any shared posts of images.

16. PRINT CREDITS: Any included print credit will be redeemable within 6 (six) months of the Event Date. After that, the credit will be considered expired and will no longer be useable.

17. FORCE MAJEURE: If (a) Photographer is unable to perform its obligations under this Agreement due to fire or other casualty, act of God, or any other cause beyond the reasonable control of Photographer, or (b) if the photographic materials are damaged in processing, lost through camera malfunction or otherwise lost or damaged, then Photographer shall refund any payments, except for the retainer fee, made by the Client and shall have no further liability with respect to this agreement. In any event, Photographer shall not be liable for any damages, direct or otherwise, for any amount in excess of amounts paid by the Client to Photographer hereunder. Additionally, Photographer reserves the right to refuse to shoot in any conditions that could compromise the safety of the photographer, the equipment or anyone else involved in the production.

18. DELIVERY TIMELINE: Photographer will use its best efforts to deliver the finished products in a timely manner. Typical turn around time is 3 (three) weeks. However, delivery of the final product may take up to 3 (three) months - after the end date of the event.

19. DELIVERY METHOD: Photographer shall make images available through an online proofing gallery. This gallery shall remain open for 12 (twelve) months from delivery date.

20. SOLE AND EXCLUSIVE PHOTOGRAPHER: Photographer will act as the sole and exclusive photographer. Photographer reserves the right to bring one or more assistants at their discretion.

21. SUBSTITUTE PHOTOGRAPHER: Photographer reserves the right to substitute with another photographer, should extenuating circumstances necessitate the need for substitution. The substitute photographer will be chosen at Photographer’s discretion and does not constitute a breach of this agreement. Photographer warrants the substitute photographer to be of comparable quality, style, and professionalism.

22. LIMITATION OF COMPLAINT: Should Client feel there are any issues or discrepancies regarding the images or anything relating to event day coverage, Client must notify Photographer within 14 (fourteen) days. After this 14 (fourteen) day period, a retouching fee of $200 will be applied.

23. WARRANTY: THE TOTAL LIABILITY OF Photographer UNDER THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE SUM OF ANY AND ALL FEES PAID TO Photographer, PURSUANT TO THIS AGREEMENT.

24. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the Parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.

25. AMENDMENTS: No term of this Agreement may be modified, amended or waived except with the written consent of both Parties.

26. INDEMNITY AND RELEASE OF LIABILITY. Client agrees to indemnify Photographer and hold Photographer harmless from all claims, demands and liabilities, including costs and attorney’s fees, to Photographer is subjected by reason of any action by Client taken or omitted pursuant to this Agreement. Client shall indemnify Photographer against any and all claims arising from any injuries or transferred disease/illness that may occur during, or as a result of a Photography session. Client understands that Photography sessions may be held outdoors or during a pandemic, and that natural hazards may exist. Client agrees that Photographer shall not be responsible for any injuries occurred or disease/illness transferred during a Photography session and waives any claims against Photographer should such injuries occur. CLIENT SHALL PROVIDE Photographer WITH WRITTEN NOTICE OF ANY POTENTIAL CLAIM OR DEMAND WHICH IS ASSERTED BY ANY PARTY AFTER SUCH INFORMATION HAS BEEN BROUGHT TO THE ATTENTION OF CLIENT.

27.TIME IS OF THE ESSENCE. Time is of the essence as to the performance of each and all of the provisions of this Agreement.

28. LITIGATION EXPENSE. Should Photographer incur expenses in the defense of any legal action, or to settle any dispute that could result in legal action, brought against Photographer as a result of Client’s alleged act or omission to act, whether Client is named in the action or not, said expense shall be paid in full by Client. If any such expenses are incurred Client shall indemnify Photographer for such expenses.

29. SURVIVABILITY. If any provision or term of this agreement is determined by a court of competent jurisdiction to be illegal or unenforceable for any reason, such determination shall not affect the validity of the remaining provisions or terms.

30. GOVERNING LAW. All questions concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder, shall be governed by the laws of the State of Western Australia.

31. NO WAIVER. The failure of any party to this Agreement to enforce any of the provisions or terms of this Agreement shall not be construed as a waiver of such provision or term, nor of the rights of any party to enforce such term or provision.

32. SURVIVAL OF TERMS. Whenever any provision in this Agreement assigns a right or responsibility to Photographer or Client after termination of this Agreement, said right or responsibility shall survive the termination of this Agreement

33. JOINT PREPARATION. The provisions of this document have been negotiated by all parties hereto and should therefore not be interpreted or construed in favor of or with prejudice against any particular party, but in accordance with the general tenor of the language used.

34. JOINT AND SEVERAL LIABILITY: Any party giving written Agreement will be individually responsible for the full amounts set forth herein.

35. MODIFICATION: This agreement may not be modified except by an instrument in writing signed by the parties hereto.