By accepting a quote or commissioning any work with the Photographer, it is agreed that the following terms apply between the parties.
Payments are to be made in full within 14 days after the invoice date. The full payment is the agreed quotation amount minus the deposit (if a deposit was payed). No final full resolution pictures will be delivered until payment has been made in full. A 15% penalty applies to any late payments.
A standard 50% deposit is required for first time clients or high value shoots and secures the photographer’s time and services. It is non- refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. Shoots that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
The Client may cancel the shoot at any time by giving written notice to The Photographer/s but in doing so shall forfeit any deposit paid. All cancellations must be in writing.
The quantity of images required is to be communicated to the photographer before the shoot commences. Failure to do so gives the photographer control over which images and how many should be chosen for final shots. The amount of images delivered is at the photographers discretion.
The photographer will do his/her best to provide a pleasing colour balance but cannot guarantee exact colour matching due to the screen quality of the users viewing device or the lighting conditions at the location. The photographer will use a standard colour corrected monitor using the AdobeRGB colour space.
All final images will be adjusted for exposure, brightness, contrast and sharpness to the best result that can be archived by the photographer. The photographer’s judgement regarding these corrections and the number of images put forward to the client for preview shall be deemed correct. Un-edited files will not be given to the client unless agreed before the shoot.
The Client may not alter or edit the Photographer’s final image in any way without written consent from the Photographer.
Digital manipulation, skin blemish removal, artist finishing or any other additional edits the client may requests is available to the client as an option at extra cost.
The photographer may display any photographs taken in this contract in his/her studio, web site, portfolio, social media, literature, display areas, exhibitions, competitions, advertising or slide shows. Ownership of images remains with the photographer in accordance with Australian law. Please see here for details.
Licence, Usage, Buyout and RAW files.
The Photographer/s shall be granted artistic licence and own the copyright to all images taken during the shoot. If the client wants to own the images, a buyout agreement will need to be put in place and buyout costs agreed upon. Standard usage is one year, web and Australia only print. All Negatives/digital raw files remain the property of The Photographer/s. RAW files will not be given to the Client unless agreed before the shoot.
Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. The photographer is not liable for any damages that may occur during the shoot.
All prices are subject to the then current rate of GST. (if applicable)
Any complaints should first be raised by the Client with the Photographer/s in writing within 21 days from the date of receipt of images. In the unlikely event of an unresolved complaint the Client may request the Society of Wedding and Portrait Photographers to mediate.
This agreement shall be governed in accordance with the laws of Australia.