Photography Contract
Interiors & Exteriors
Please read through the following terms & conditions and complete the form below
T&C's
1) Licensing and Usage Rights
The Photographer retains full copyright and ownership of all images produced. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the delivered photographs solely for the purpose of marketing and promoting of the specified property. Permitted uses include online platforms such as social media channels, and the Client’s personal or company’s website. Any use beyond these specified purposes, including but not limited to print advertising, third-party marketing, or use for properties other than the one specified, is strictly prohibited without prior written consent from the Photographer and may incur additional licensing fees. This license does not permit the Client to alter, sell, or distribute the images for purposes outside the agreed scope.
2) Package Fees
Photographer will invoice for the balance of services within 5 days of completion unless otherwise advised and payment must be made in accordance to the terms set out on the invoice particulars with final delivery of photographs. Additional editing is available at an additional expense to be determined by Photographer and Photographer reserves the right to refuse additional editing requests. No Licence Usage Agreement is granted or assigned either implicitly or explicitly until full payment has been received. In the event of a cancellation or no-show by Client, the Client will incur a cancellation fee.
3) Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee covers travel within 20km of photographer's office address, located in Fremantle, Western Australia. Any location outside of these limits will be subject to an additional charge of $1/km as part of the agreement.
4) Re-shoots / Refunds
Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for property or subject not being ready for photography, electricity issues, styling issues, landscaping issues, weather related issues, or by not following the recommendations of the Photographer.
5) Archive
After twenty-four (24) months, all images will be purged from Photographer’s hard-drive, except as needed for promotional purposes, to be determined by Photographer at Photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
6) Digital File Release
Photographer will only provide Client with the number of high-resolution edited digital images as described in the package purchased, and such files will be in a JPEG format. Beyond these files, Photographer will not provide or release any other digital images to Client, either edited, unedited, JPEG, or RAW files. Such files are sole property of Photographer and not subject to distribution.
7) Payment
All payments are due in full, on completion and delivery of final images.
8) Subject Cooperation
The Photographer must abide by all workplace health and safety rules, practices, laws and general respect for the property and people whenever the Photographer may be photographing a property for the client and will not be held liable to the client for an inability to cover any part of the property on these grounds. The Photographer’s liability in any case is limited to professional fees paid to the Photographer by the Client prior to the photo shoot in relation to the specific property and photo shoot. This includes in the event of Force Majeure. The Photographer accepts no liability whatsoever resulting from photographing a property for the Client. The Client warrants that any permissions, access, legal or otherwise of right of entry to the property has been obtained to allow the Photographer unfettered ability to photograph the property for the Client. The Photographer is not responsible for any action arising from being on, damage caused to or injury arising from photographing the property. The Client hereby agrees to indemnify, defend and/or hold harmless the Photographer from all claims damages, expenses and liability whatsoever arising out of or connected with any actual or threatened lawsuit, claim or legal proceedings insofar as it relates to photographing the specific property.
9) Artistic Subjectiveness
Client agrees and understands that the quality of a photograph is entirely subjective. Photographer will strive to present photos in a workmanlike manner, but is not required to cater to specific aesthetic preferences of Client. Client understands and agrees that Client is responsible for determining if a post or location is safe.
10) Inclement Weather / Unsafe Location
If, in the opinion of the Photographer, weather or other adverse condistions pose a safety threat to Client and/or Photographer, Photographer may elect to reschedule the session.
11) Liability
If Photographer cannot perform this Agreement in whole or in part due to a fire, or other casualty or cause beyond control of the parties, or due to Photographer's illness, then Client shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the shipping or mailing process, or otherwise lost or damaged without fault of Photographer. Client agrees that an entire session may not be able to be replicated, reenacted, or repeated for the purpose of re-shoots and agrees to limit Photographer's liability to an amount not to exceed the session fee. Client agrees to indemnify and hold Photographer harmless for any liability, damage, or loss related to technological failure. Cameras, lenses, hard drives, and memory cards are all subject to possible technical failure, and while Photographer will take reasonable steps to prevent such data loss, they are not liable for any loss of data due to technical failure. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
12) Copyright & Penalty
Photographer retains all copyrights to all images created during client’s session. A print release can be provided with digital files to print photos for use. The print release does not allow publication of Client's portraits (i.e. entering in contests), selling or altering of Client's images without the Photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Photographer during Client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image Client has stolen, at Photographer’s current price per digital file. Note from Photographer: I work very hard to create images that reflect you and your business, while keeping in line with my artistic vision and creativity. However, I ask that you simply link back to my blog/website/facebook page instead of screen shotting or right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
13) Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws from time to time in force in the Jurisdiction and the parties submit to the exclusive jurisdiction of the Courts of Western Australia.
14) Severability
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. The non-exercise of or delay in exercising a right of a party shall not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. This Agreement constitues as a single Contract expressing the entire agreement of Client and Photographer with respect to the subject matter hereof and supersedes any and all prior contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
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