Terms & Conditions

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Terms & Conditions

This agreement is between Andy Smith Photographic Services (hereafter “Photographer” “the Photographer” or “Photography Company”) and the client.

1. Scope of Work:

This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at an agreed place and time. This shall be dictated in the quote.

PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at the specified time and location. The PHOTOGRAPHER is not liable for any lost time due to the client arriving late.

PHOTOGRAPHER agrees to provide no fewer than 10 photos for CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. This includes modifications to lighting and colour and does not include manipulations to the content of images such as removing or adding subjects.

The SHOOT is valid for the CLIENT only and any outlined details in the quote. Any additional participants are required to be advised of before the SHOOT at the discretion of the PHOTOGRAPHER and may increase the cost of the session.

2. Fees:

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum outlined in the quote. CLIENT agrees to pay the photographer a non-refundable initial payment totalling 50% (fifty-percent) of the total price of the photography services upon approval of the quote. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT.

Travel may be charged by the PHOTOGRAPHER where a shoot location is further than 10kms from Ballarat CBD. This is at the discretion of the PHOTOGRAPHER and will be provided in the initial quote.

The balance of the payment for photography services must be paid in full no later than 7 days after the SHOOT detailed in Section 1: Scope of Work. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon delivery of photos to client. Full payment is required before full resolution images and work will be provided.

3. Work Product:

PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.

Edits will be made to photography and videography before supplying. This includes modifications to colour and lighting however it does not include modifications to content unless otherwise stipulated.

All photos delivered to CLIENT are licensed for CLIENT’S personal use only. 

CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.

4. Indemnification:

4.1 – PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.

4.2 – If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

4.3 – CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.

4.4 – CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.

4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

4.7 – CLIENT agrees that the PHOTOGRAPHER is not responsible for the behaviour of animals involved in a SHOOT. The CLIENT is solely responsible for their animal and the PHOTOGRAPHER is not responsible if photography is not to standard due to animal behaviour.

4.8 – Client understands that weather conditions can affect the SHOOT and the photography that can be achieved. If the weather conditions mean that there is personal risk to either the CLIENT or PHOTOGRAPHER or to equipment the SHOOT will be rescheduled.

5. Duty of Client:

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centres, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.

6. Exclusive Photographer:

CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

7. Model Release:

CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.

9. Assignability and Parties of Interest:

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

10. Acceptance of Terms:

By agreeing to a quote the CLIENT is accepting that they understand and agree to the terms outlined in this document between the CLIENT and the PHOTOGRAPHER.

Updated 08/06/2020