Terms of service.
This contract represents the entire understanding of the requirements, schedule, and payment terms for the portrait photography services listed above.
If there are any disputes or actions resulting in legal proceedings related to this contract, such actions shall take place in and be subject to the laws of Australia, Victoria.
The Client accepts sole financial responsibility for any legal fees or related costs incurred by the Photographer in enforcing the terms of this portrait photography contract. Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract.
Payment
Payment is due in full up-front which includes a non-refundable deposit. The deposit secures the photography session date and time, as well as the pricing, as of the date of the deposit.
The deposit will be applied to the total package price. Additional edits and products are sold separately.
If the Client fails to make the required deposit, prices are subject to change at the Photographer’s discretion and the session date and time will not be secured.
Cancellation
The decision to reschedule the session is left to the sole discretion of the Photographer.
In the event the Client cancels the session with more than 48 hours notice the Photographer will retain the non-refundable deposit. It is at the Photographer’s discretion if the deposit can be applied to a new session.
In the event that the Client does not attend, or cancels within 48 hours of the session, the Photographer will retain the non-refundable deposit. It is at the Photographer’s discretion if the deposit can be applied to a new session.
The Photographer reserves the right to cancel the session due to unforseen circumstances including, but not limited to: inclement weather, illness, emergency, or any other conditions which the Photographer deems may adversely affect the quality of the session. In the event the Photographer cancels the session, the deposit will be applied to a re-scheduled session that is agreed upon by all parties.
The Client agrees that if the Client is late to the session, such time may be deducted from the time allotted for the session which may result in less than the agreed amount of final images.
Coverage
The Photographer will provide the goods and services listed in this portrait photography contract, including event coverage for the listed hours at the venues listed. If additional coverage hours are requested on the day of the events, The Client agrees to pay the Photographer in full for those additional hours at the hourly rate of one-hundred Australian dollars ($100) per additional hour.
The Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, etc during the event.
Model Release and Copyright
The Client consents and agrees that the Photographer has the irrevocable and unrestricted right to take or use photographs of the Client, their present family members and/or their property and use them in any and all media worldwide including online, and for any purpose whatsoever.
The Client releases to the Photographer all rights to exhibit this work in print and electronic form publicly or privately and to market copies. The Client waves any rights, claims or interest they may have to control the use of their identity or likeness in the photographs and agree that any uses described herein may be made without compensation or additional consideration of the Client.
If the Client does not wish for their image to be used in ways such as those mentioned above, it is the Client’s responsibility to raise awareness of this with the Photographer in writing.
The Client further agrees to indemnify and defend the Photographer for all claims, demands, or lawsuits made in relation to the Photographer’s use of the images as contemplated by this paragraph.
The Photographer retains the exclusive copyright protection for all images taken during the session and of all final edits.
All photographs delivered to the Client are for the Client’s personal use only. The Client may not, without the express written permission of the Photographer, use the images taken during the session for professional display, profit, or other commercial endeavours.
Usage/Posting of the Photographs
The Client agrees to credit the Photographer (@taraleighportraits) for any and all use of the content and for any additional content created by the Client including, but not limited to, behind the scenes content.
Credit includes a tag (@taraleighportraits) on the post and the caption on all social media channels.
If the Client and their family does not wish to have their images, faces or names posted online by the Photographer, the Client must raise this with the Photographer in writing.
Proofs
Proofs (original unedited photographs with watermark) will be provided to the Client via a contact sheet to view electronically within fourteen (14) days of the session date.
The Client understands that the proofs are the exclusive property of the Photographer and the Client has no right to the unedited photographs except for a license to review them.
Retouching
The Photographer will edit and retouch the Client’s selected photographs to a standard that is in keeping with the Photographer’s editing style
Any additional editing requested by the Model may require an additional fee which is at the discretion of the Photographer.
If the Client requires any specific marks and/or features to be retouched they are to advise the Photographer when requesting their edits.
Final Edits
Final edits are to be provided to the Client as High resolution JPEGs within six (6) weeks of the Client advising the Photographer of the chosen photographs.
Final edits will be provided electronically to the Client only after final payment of the package (including any add-ons) is received.
Liability
If the Photographer should be unable to provide the goods and services outlined in this contract for any reason, the Photographer agrees to refund any fees paid by the Client, minus applicable expenses, and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to footage, photographs or other materials after the events listed in this contract. The sole remedy for any actions or claims resulting from the Photographer’s inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid by the Client to the Photographer.
Archive Footage
The Client acknowledge that the Photographer does not maintain archives of images and footage after delivering requested images and other goods to the Client. It is the Client’s sole responsibility to request any desired prints, products, or files within 30 days of the session.
Pricing
Any additional goods or services not included in this portrait photography contract will be sold at then-current rates. The Photographer makes no pricing guarantees outside the terms of this contract, and the Client acknowledges that prices for additional goods or services are subject to change suddenly and without notice.
Responsibilities
Tara Leigh will be the sole and exclusive photographer for the above listed photo shoot. The Photographer is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract.
The Client agrees to prevent any other photographers or videographers at the shoot listed in this contract from interfering with the Photographer’s performance of their duties. This includes guests and other amateur photographers or videographers.
The Photographer will not be held liable for compromised session coverage due to interference from other parties, including interfering traffic in public spaces. Likewise, the Photographer is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops.
Agreement Modification
This agreement is the entire agreement between the Client and the Photographer and may only be modified as set forth in the foregoing paragraphs, in writing, and as agreed-upon by the parties.
This agreement supersedes all prior agreements between the parties.
If one or more paragraphs are found to be unenforceable or invalid, the remaining paragraphs shall remain effect and enforceable.
This contract is to be signed and dated in order to book your shoot. A document will be provided to you by email to read, understand and agree to these terms.