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You ("Client"), and Leah Maree Croker trading as Leah Maree Photos (ABN 28 224 490 338) (Leah Maree Photos) are entering into an agreement whereby the Client agrees to pay an agreed amount of money in exchange for photography services from the Photographer.
Please read the Photography Booking Terms and Conditions (“Terms”) carefully. By engaging Leah Maree Photos for the Photography Services, you are confirming that you have read and agree to the terms and conditions set out in the Terms. Your session spot will be confirmed on receipt of the Fee and Booking Form.
1. Acceptance of the Terms
(a) You accept the Terms by booking a session with Leah Maree Photos. You may also accept the Terms by clicking 'to accept' or 'agree to' the Terms where this option is made available to you at the booking stage by Leah Maree Photos in the user interface.
(b) Access to and use of the website is provided by Leah Maree Photos. Please read these Terms carefully. By booking, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease the booking process, immediately.
2. Definitions
(a) Booking Form means the official bookng form containing the details of the Photo Shoot including but not limited to date, time length and location of Photo Shoot.
(b) Deposit means 25% of the Fee required to confirm the Photo Shoot.
(c) Event means the event or a social or corporate function identified on the Booking Form.
(d) Intellectual Property Rights means all rights to, and any interest in, any copyright, design, trade mark, trade name, confidential information, trade secrets and technical information as may exist anywhere in the world at any time (whether capable of protection by registration or not), including all applications for any such rights.
(e) Photo Shoot is a session between between the Photographer and the photographed subject(s) where the Photographer takes photos of the subject(s) chosen by the Client or of the Event.
(f) Photographer means Leah Maree Croker or any other photographer engaged by Leah Maree Photos.
(g) Photography Services means the following services:
(h) Fee(s) means the fees payable to Leah Maree Photos for the Photography Services.
(i) Website means the website located at the URL https://leahmareephotos.com
3. Fee
The Client will be advised of the Fee at the time of booking. Leah Maree Photos receives payment via PayPal. A processing and handling fee may be applicable, for which the Client will be responsible.
A Deposit must be paid at the time of booking. All remaining Fees must be paid in full before the Photo Shoot and in accordance with the due dates of the payment schedule. In any event, the remainder of Fee is due 7 days before the Photo Shoot.
Leah Maree Photos has the right to allocate the Photo Shoot date and time to another client if the Fee has not been received 7 days prior to the Photo Shoot.
The Fee is for a single Photo Shoot. Additional Photo Shoots will be an extra which will be specifically negotiated.
4. Rescheduling
The Client is provided one rescheduling of the Photo Shoot to another future date. In the event that the Client needs to reschedule the Photo Shoot, Leah Maree Photos requires at least 48 hours’ notice unless an emergency arises or otherwise agreed with the Photographer.
The Fee is transferable to another date within the following 12-month period. In the event there is a change in the fees and pricing between the original date and the rescheduled date, the Client must pay the updated Fee.
5. Unavailability of the Photographer
If the Photographer is too ill or becomes injured and cannot supply the Photography Services, then Leah Maree Photos will attempt to book a replacement Photographer. If a replacement Photographer cannot be booked, then Leah Maree Photos will refund any payments received to the Client.
6. Client’s responsibilities
It is the Client’s responsibility to arrange bookings and payment for location(s) of the Photo Shoot. This is important especially in case of rain affecting the selected location (i.e., Hotel foyers, private premises etc.).
If the Photo Shoot is for an Event or for commercial advertising of their own business, the Client will be responsible for informing the attendees at the Event or Photo Shoot about the Photography Services and for obtaining model releases for any recognisable individual when necessary.
The Photographer shall not be responsible for the personal appearance of the photographed subject(s) including hair, make-up, wardrobe and personal accessories. It is the Client’s responsibility for personal appearance of the subject(s).
7. Meal
The Client agrees to provide a meal for the Photographer if the length of Photo Shoot exceeds six hours.
8. Day of Photo Shoot and Post Photo Shoot
The number of photographs captured at the Photo Shoot will depend on the length of the time the Photographer is at the Photo Shoot. On an average the Photographer will capture approximately 40 photographs per hour.
Post the Photo Shoot, Leah Maree Photos will make fifteen (15) photographs available for viewing and instant download via an online gallery within 24 hours and the remaining photographs will be made available for viewing and instant download or purchase via an online gallery within seven (7) days. The online gallery will be password protected and the images can be turned into black and white within the gallery.
9. Photography editing
Leah Maree Photos will select the images from the Photo Shoot that they feel best present the Event or Photo Shoot and will edit them. The edited images will be sent to the Client in JPEG format both in high resolution and low resolution. Vector or RAW or native files for the images will not be provided.
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. Only one round of edit is included within the Photography Services. Any further editing will be charged separately.
If the Client would like to have further images edited, then that will incur additional costs. Leah Maree Photos will advise the Client on the costs of editing additional images.
10. Photographer
The Photo Shoot will be photographed by the Photographer. The Photographer will deliver the Photography Services with reasonable skill, care and due diligence. The Photographer will ensure that the photographed subject(s) is treated with respect and professionalism.
11. Pre-Photography Consultation
A pre-photography consultation normally occurs at the time of booking after the payment of deposit. The Client will outline broadly what is required and the Photographer will advise on planning, logistics and timings where needed.
If required, the Client can request an additional consultation closer to the time of the Photo Shoot to discuss further details.
12. Timing
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.
13. 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.
14. Guests Behaviour
Photographer(s) 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 any poor behaviour such as aggression, abuse, or rudeness in any form will not be tolerated. In the event of poor behaviour, Leah Maree Photos reserves the right to immediately terminate the Photography Services.
An effort will be made Leah Maree Photos to resolve any conflict; however, should the Client refuse to partake in any mutually beneficial resolution, the Photographer may refuse to complete Photography Services including producing and delivering any and all photographs and leave the Event without refund or compensation.
15. Photography Styling
The Client acknowledges that they are familiar with Leah Maree Photos style, and that our work is continually evolving. The photograph taken may be different from those taken in the past and that Leah Maree Photos will use their expertise to create images consistent with their event, which may be different from other clients.
16. Limitation of Liability
All care and diligence will be exercised in the execution of the Photography Services and to the extent permissible by the law, liability to the Client is limited to monies paid to Leah Maree Photos for the Photography Services.
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 Fees paid for the Photography Services, or part thereof prorated according to the percentage of images supplied.
17. Backup and archiving
Leah Maree Photos will make the photographs available for viewing and instant download via a password protected online galley. The Client is encouraged to download the photographs and retain a copy on its systems.
All selected images will remain on file for 2 years after which they will be deleted. Due to file storage limitations, unselected images will be deleted from our systems on 31 December each year. Ordering of edited copies of further photographs is available until that date.
18. Intellectual Property Rights
Leah Maree Croker owns and retains all Intellectual Property Rights in any and all images taken in the course of the Photography Services.
Leah Maree Croker grants an exclusive, royalty-free, irrevocable and perpetual licence in the images purchased by the Client for all media, marketing and promotion purposes (Purposes). The Client can grant a sub-license in the images to a third-party only to the extent necessary for the Purposes. Apart from that, the Client cannot grant a sub-licence in the images to a third-party for any exploitation or commercialisation.
The Client cannot edit or alter the images or cause the images to be altered or edited. The Client agrees to include the following line when using the images in the ordinary course of business where reasonable and practicable:
“Photos by Leah Maree Photos”
The Client acknowledges that Leah Maree Photos can use the images for marketing or advertising purposes without any compensation to the Client.
If there are any paintings, banners or similar artworks at the venue location, the Client acknowledges that they have obtained permission and clearance for those paintings, banner or similar artworks to be included within the photographs.
Likewise, if the Client supplies any material to be included in the photographs, then the Client grants to Leah Maree Photos a non-exclusive, transferable, royalty-free, perpetual licence to use those materials for the completion of the Photography Services.
19. Cancellation Policy
If the Client wishes to cancel the Photography Services, then the Client must provide a written notice of cancellation to Leah Maree Photos.
In the event the Client cancels the Photography Services within 7 days before the Photo Shoot for whatever reason, the deposit is non-refundable and is forfeited to the Photographer on account of damages.
In the event the Client cancels the Photography Services in less than 48 hours of the Photo Shoot, Leah Maree Photos will refund 50% of the Fee to the Client. In the event the Client cancels the Photography Services in less that 24 hours of the Photo Shoot, Leah Maree Photos will refund 25% of the Fees to the Client.
20. Events beyond control
In the case of camera failure, inclement weather, or any other unforeseen incident that prevents Leah Maree Photos from providing the Photography Services on the scheduled date and also unable to reschedule the Photo Shoot, the Client will receive a full refund of the Fee.
21. No refunds or returns
Due to the nature of digital photography and the fact that photographs, once sent, cannot be returned; Leah Maree Photos has a strict NO REFUNDS POLICY on digital files. Once a transaction has been completed (i.e., the client has selected and paid for the digital image(s) and Leah Maree Photos has sent the Client the correct digital image (s) whether via USB or direct download, it is then considered non-refundable.
If the Client has selected and purchased an incorrect digital image, he/she must notify Leah Maree Photos before receiving the digital image. Refunds will NOT be given once a digital image has been delivered.
Please choose carefully. Due to the nature of custom photography, all sales are final. Leah Maree Photos does, of course guarantee that the images you receive meet the highest standards in every respect and works with the customers to approve designs and custom work before orders are placed.
22. General provisions
Each party warrants to the other that it has the power and authority to enter into this Terms and the obligations contemplated by it.
Each party enters into this Terms as an independent contractor. Nothing in this Terms creates, constitutes or evidences any partnership, joint venture, agency, trust or employer/employee relationship between the parties, and a party may not make, or allow to be made, any representation that any such relationship exists between the parties. A party shall not have the authority to act for, or to incur any obligation on behalf of, any other party, except as expressly provided for in this Terms.
This Terms supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties in respect of its subject matter.
Any notice or document required to be given under this Terms must be in writing and may be given by hand, post, email or facsimile as shown in the relevant party’s contact details or otherwise notified by one party to the other.
Leah Maree Photos may assign, license or sub-contract our rights and obligations under this Terms without the Client’s consent.
The Client must obtain our consent in writing to assign, license or sub-contract their rights and obligations under this Terms.
Any modification to or variation of this Terms must be in writing.
If any provision of this Terms is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Terms will remain in full force and effect.
This Terms shall be construed in accordance with and governed by the laws in force in the State of Northern Territory, Australia and each party irrevocably submits to the exclusive jurisdiction of the courts of Northern Territory, Australia.
Declaration
By selecting 'yes' to "I have read and agree to the terms above" in the booking form, and/or proceeding with the booking, the Client understands the contents of this agreement and agree to the terms therein.
Copyright © 2023 Leah Maree Creations - All Rights Reserved. Yeppoon Videographer | Rockhampton Videographer | Gladstone Videographer
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