PHOTOGRAPHY AGREEMENT

 

("Client"), and Rhi Thistlethwaite Coaching PTY LTD ("Photographer(s)") are entering into

 

an agreement whereby the Client agrees to pay an agreed amount of money in exchange for photography services from the Photographer.

 

Date of Photo Shoot: On invoice

 

Photo Shoot Location: On Invoice or calendar invite

 

 

• Definitions

 

 

1. Photo Shoot is a session between the Photographer and the photographed subject(s) where the Photographer takes photos of the subject(s) chosen by the Client

 

1. Photography Services means:

 

1. The Photo Shoot

 

1. Numbered edited images (displayed on your invoice)  to download from a private online gallery

 

 

• Total Amount Agreed - Sight Invoice

 

 

• Deposit - Sight Invoice

 

The deposit is due on signing this agreement with the balance of the amount agreed due 24 hours before the Photo Shoot. Unless agreed to a payment plan via Debit Success.

 

In the event the Client cancels the Photography Services for whatever reason, the deposit is non-refundable and is forfeited to the Photographer on account of damages.

 

 

• Interpretation

 

 

In this agreement, unless the context otherwise requires:

 

1. This agreement contains the entire understanding between the Client and the Photographer.

 

1. The Client’s acceptance of these terms and conditions occurs upon their signing of the Agreement.

 

1. Words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter genders.

 

1. This agreement is governed by the laws of Queensland, Australia.

1. Product prices are subject to change. All prices include GST.

 

1. Will not be responsible for any failure or delay in providing services to the Client due to any events beyond the Photographer’s reasonable control including but not limited to acts of god or elements of nature (including fire, flood, earthquake, storm, hurricane, or other causality), war, civil commotion, labour disputes, strikes, pandemics, government regulation or restriction.

 

1. By accepting these terms and conditions, the Client acknowledge that they are at least eighteen years of age, or the legal age to form a binding contract within their jurisdiction.

 

 

• Confirmation

 

 

A payment of the deposit is necessary to confirm the stated Photography Services from the Photographer.

 

It is the Client’s responsibility to arrange bookings and payment for locations. This is important especially in case of rain affecting the selected location (i.e., Hotel foyers, private premises etc.).

 

 

• The Schedule

 

 

Both the Client and the Photographer agree that punctuality and cooperation are essential to producing outstanding photographic results. In cases where the event does not run on time (for example, extreme lateness by one of the Client arriving to Photo Shoot), the Photographer cannot be held liable for a lack of photos.

 

 

• Venue Rules

 

 

Photographers are sometimes limited by rules imposed by venue management as to what can and cannot be done. For example, insisting that the Photographers shoot from a specific location. In such circumstances the Client agree to accept the venue's rules and technical limitations that may be imposed on the equipment used.

 

The Client should make themselves aware of the rules of the venue concerned and if necessary, negotiate with the personnel concerned.

 

 

• Guests Behaviour

 

 

Photographers must be respected at all times and with all communication, including but not limited to email and telephone communication, in person, prior to the Photo Shoot, during the Photo Shoot or after and we will not tolerate poor behavior such as aggression, abuse, or rudeness in any form.

 

Any effort will be made to resolve any conflict, however should the Client refuse to partake in any mutually beneficial resolution, the Photographer may refuse to compete photography agreement including producing and delivering any and

 

all package product and leave the event we deem it necessary without refund or compensation.

 

• Photography Styling

 

 

The Client acknowledges that they are familiar with our style, and that our work is continually evolving. The photo taken may be different from those taken in the past and that insert business name will use their expertise to create images consistent with their event, which may be different from other clients.

 

The images will be edited in a range of colours and black and white unless the Client has chosen the option to have one complete set of each.

 

 

• Limitation of Liability

 

 

All care and diligence will be exercised in the performance of the assignment/s and liability is limited to monies paid only should mechanical failure, theft, accident, or any other mishap occur which prevents the fulfillment of this agreement.

 

If a Photographer is too ill or becomes injured and cannot supply the Photography Services specified above the Photographer will attempt to book a replacement Photographer. If a replacement Photographer cannot be booked, the secondary Photographer from the Photographer's team will shoot on his/her own. If both Photographers are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received.

 

The Photographer has working methods in place to prevent loss or damage to the Client’s images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons beyond the Photographer’s control. In these circumstances liability is limited to the return of any fees paid for the service, or part thereof prorated according to the percentage of images supplied.

 

 

• Damages

 

 

The Photographer has no control over the environment in which the delivered photos are kept and that USB drives have limited life expectancy. Hard drives/Flash drives have both been known to fail. The Client should have a backup strategy in place to remedy data loss.

 

The Photographer cannot be held responsible for any damages, extended delivery time or loss to the products sent via postal services. The Photographer will pursue the courier service and lodge a formal investigation if the Client’s package has not arrived with the online tracking time frame.

 

The Photographer will ensure all avenues and effort is made to the best of our ability to find and deliver the Client’s products, however no refund or compensation will be made. It is our sole discretion whether to provide replacement product.

 

 

• Intellectual Property

 

 

Photographs produced by insert business name are protected by Copyright Law (all rights reserved).

 

Rhi Thistlethwaite Coaching PTY LTD own and retains full copyright for any and all images taken. Permission is granted by the Client to the Photographer for all media, marketing and promotion purposes.

 

The Provider recognises that all Intellectual Property are the property of

 

Rhi Thistlethwaite Coaching PTY LTD and the Provider will take all such steps as practicable to ensure that the Intellectual Property will vest in and remain vested in Rhi Thistlethwaite Coaching PTY LTD

 

The Provider warrants that the Provider owns the Intellectual Property Rights in the Intellectual Property delivered to the client in the provision of the Services.

 

The Provider grants to the client a non-exclusive, transferable, royalty-free, perpetual licence to use and intellectual property rights owned by the Provider which have been used in completion of the Services, that were already in existence prior to commencing the Services.

 

 

• Cancellation Policy

 

 

All dates must be transferred, but no refunds will be given for any photography assignments, packages, and products booked. The photoshoot must be rebooked with a 3 month timeframe of initial booking. If the second attempt of the session is cancelled, the client will be given no refund.

 

A cancellation fee of $100 will be charged due to the loss of income. If work has already been completed on package products including, but not limited to, edited files, prints, albums, canvas and folio boxes.

 

If all fees are not paid with 7 days of the Client’s cancellation, legal action will be pursued against the Client’s for a breach of a legally binding contract.

Declaration

 

We have understood the contents of this agreement and agree to the terms therein.

 

Date:

Executed by Rhi Thistlethwaite

Signature of Client

Date

Executed by ____________________

Signature of Photographer

Date