TERMS AND CONDITIONS
ENTIRE AGREEMENT: This agreement has been freely negotiated and contains the entire understanding between the Rebecca Colefax, her studio, workshop, licensees, assignees or attendees (hereafter “photographer”) to complete a photographic session, processing of images as well as goods and products (hereafter photograph(s) on my behalf (hereafter client) whose name(s) and addresses are listed in the booking form. It supersedes any existing agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If a provision of this contract is waived by agreement between the parties, no other provision is also waived. Likewise, if any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
BOOKING FEE AND SIGNED MODEL RELEASE: required to reserve the date allocated in your contract. The booking fee is non-refundable even in the event of a cancellation by the client. If a date change is needed, this may be done if the subsequent date is available with the photographer, otherwise the deposit is forfeited by the client. No photographs will be taken until the booking fee and this signed contact are complete. The photographer retains the right of discretion for transferal applications. The Booking Fee does not include digital images/negatives. All digital images and products are to be purchased separately via a collection. It covers the photographer’s time at your shoot, editing of your images and presentation of your gallery.
BOOKING FEE INCLUSIONS: A 30 minute consultation is included to discuss the clients vision as well as options available with product purchases. If the client opts to skip this option, it is through no fault of the photographer if she is unaware of the client specifics and the client is unaware of the photographer’s specifics including products.
MINIMUM SPEND: The minimum spend for all client photo shoots (not including the session fee), is the Signature Digital Collection. The Signature Digital Collection is broken down into two 50% payments (one on the day of your shoot, one due when placing your final order). If no payment is made on the day of your shoot, the photographer reserves the right to not proceed with the shoot or any editing associated with the shoot until payment is made.
LATE ARRIVALS: Any client arriving late to any event will have the amount of time late deducted from the time allotted for that event. There will be no compensation for the time deducted from the event due to late arrival of the client.
COLLECTION FEE AND INCLUSIONS: The amount of digital images received is directly correlated to the collection purchased. Digital files/photographs/negatives are supplied via dropbox as High Resolution JPEGS non water marked suitable for personal printing purposes. Saved at 11×14 inches 300dpi sRGB format. Digital photographs are supplied as both Colour and Black and White. RAW files are not for sale.
CANCELLATION: No refund is given for services cancelled. Any reservation fees paid will be absolved to compensate for the loss of business from not being able to re-book a new client into that date. If the client fails to show for the agreed photographic session time and date, the reservation fee shall be forfeited. If the photographer is unable to perform to the guide lines of this contract due to a fire or other casualty, act of God, act of terrorism, or other cause beyond the control of the parties, or due to a grave illness; and if the photographer is unable to provide another photographer that is agreeable to the client, then all fees paid by the client will be returned in full, and the photographer shall have no further liability with respect to the agreement. If the photographer is unable to perform to the obligations in this contract for reasons outside the sole control of the photographer, she will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that negatives or digital images are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost without fault of the photographer.
RESCHEDULING: If the client suspects anyone is unwell, please do not proceed with the session and reschedule for another time. There is no charge to reschedule due to illness or injury, however, once a session has begun, there will be a $100 additional charge to reschedule. Please give the photographer at least 48 hours notice. If the photographer does not hear from the client by phone or email, or the client does not show, the client will forfeit the session fee.
COVERAGE: Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. The photographer retains the right of discretion and professional judgment to select which photographs to deliver. No other photographs will be made available to the client. The client will ensure the cooperation of additional subjects including siblings. The photographer is not responsible for the quality of images affected by weather restrictions, bad lighting, children who are not wanting to participate or other issues beyond the appropriate control of the photographer. If the photographer is unable to perform the session due to disposition, condition, or circumstances, the client may be allowed to reschedule on a mutually agreed upon date at the PHOTOGRAPHERS discretion.
INDEMNIFICATION: The CLIENTS safety and comfort are the priority at all times. The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. If at any time during the photo session the weather changes and becomes too difficult to shoot in (i.e. very heavy rain) the session will cease.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill to attend the photo session responsibility and liability is limited to the return of the Reservation Fee. The photographer will take the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs are lost, stolen, or destroyed for reasons within or beyond the photographer’s control, liability is limited to the return of the Reservation Fee. You hereby irrevocably release and discharge the photographer from any and all claims and demands arising out of or in connection with the use of the images, including any claims based on defamation, copyright, privacy or right of publicity.
EXCLUSIVE PHOTOGRAPHER: The photographer will be the exclusive photographer retained by client to photograph; excluding other professionals and amateurs. Family and friends of the client are permitted to take photographs as long as they do not interfere with the photographer duties and do not take images of poses arranged by photographer.
SUBSTITUTE PHOTOGRAPHER: The photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the photographer and does not constitute a breach of this agreement. The photographer warrants the substitute photographer to be of comparable quality and professionalism.
EDITING: Each image selected and individually edited. This includes exposure correction, adjustments to contrast, white balance, sharpening etc. Full retouching services to remove or correct images will be charged per image and on an individual retouching basis. This includes skin retouching, any alterations/shaping to the body, flyaway hairs, removal of elements from the scene etc. The images taken are there to capture a moment including the elements that are in the shot and will be edited accordingly. For retouching prices please enquire.
MOMENTS: The photographer does not guarantee photographing any specific moment. The v may present the PHOTOGRAPHER with a list of suggested photos, whilst all effort will be made to capture these the photographer is unable to guarantee the photograph suggested.
COPYRIGHT: The client agrees that the photographer owns the copyright of all photographs, reserves all moral rights in works resulting from shoot, and will have a perpetual, royalty fee license to use the images on her website, social media, display, advertisement or other marketing if permission is given on your booking form. From time to time, The photographer may wish to use the photographs for industry competitions and to promote and advertise the photographer’s business. Any use for any purpose by the photographer is to be agreed to between the client and photographer beforehand. The photographs produced by the photographer are protected by the Australian Copyright Act and may not be copied, reproduced, scanned or print screened in any manner without the photographer’s explicitly written permission. You give the same release on behalf of any other person who appears in the images.
USE OF PHOTOGRAPHS: Upon full payment by the client of the fees agreed to, the client has a right to use the photographs for personal use and must act in accordance with the print release. The photographs are not to be used by the client, or any other person, group or business, for commercial purposes, including competitions. Further, the client shall not authorize reproductions by non-purchasers. Additional prints and/or digital files may be purchased between third parties and the photographer with the permission of the client. The client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The client shall not copy, download, screen shot, or capture the photographs in any other fashion. The client shall identify and ‘tag’ the photographer in the caption of all photographs uploaded to social media profiles and albums. The photographer DOES NOT provide the client permission to remove watermarks, adjust, crop, resize or place filters on or over any photographs. Thank you for respecting the photographers work.
DIGITAL FILES: All images are the ones determined by the photographer. Any images thought to be substandard or in duplication may be edited out of the selection delivered to the client. Upon receipt of digital image files, the client accepts all responsibility for archiving and protecting the photographs. The photographer highly recommends the client to back up all digital files onto one or more computer hard drives in order to prevent file corruption or loss due to deterioration of storage facilities. Should the client lose any or all digital files, additional copies will be available for purchase from the photographer. The photographer does not permanently archive image files. The photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or storage media that might result in an inability to read the supplied media. It is the client’s responsibility to make sure that digital files are saved and copied to new media as required.
COMPLETION SCHEDULE: Reasonable efforts will be made to supply the goods and services in accordance with any timeframes or specifications described in your booking form. Creative digital processing and printing can take time! From the receipt of any documentation the client must expect an approximate 2-8 week time schedule (in some cases this may be longer) upon completion of the final session, whichever comes later. The photographer always promotes a high quality of work and will never compromise product quality in order to get the clients files ready in a quicker timeframe. The client should place orders with sufficient time to allow for normal delays and notify photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. Express editing services are available and applied to expedited digital and product requests. The photographer shall not be held responsible for delivery delays due to the fault of third-party manufacturing laboratories and/or delivery services. Please note; print and product prices are subject to change without any prior notice.
PRODUCT ORDERS: Payment is due in full at the time of the order unless a payment plan has been arranged. If using Ezypay finance option, a 30% deposit of your final order will be required when placing your order. The remainder of your final invoice can then be paid off in installments for up to 6 months post shoot. The photographer will contact you when your products and order is ready. All digital collections will be delivered via dropbox, however, product orders need to be collected. Alternatively, postage can be arranged for an extra fee. Rush orders incur an extra 20% charge. Due to the custom nature of photographic products, all product orders are final and cannot be changed, cancelled or refunded for any reason. Please handle your artwork with care, any damage to an art piece that has left the studio is the responsibility of the client and there will be a fee to replace it.
PRICES: All prices are in Australian dollars and include all applicable fees and taxes, unless stated otherwise. Prices at time of booking will be honoured, prices subject to change without notice. The client payment is instruction to supply the goods and services and their acceptance of the photographer studio policies and terms and conditions.