Emma Veness Photography
Terms & Conditions
ABN: 635 172 646 28
Ph: 0457221324
Email: emmaveness.photography@gmail.com
Summary
Emma Veness Photography (referred to as "the Service Provider") and the client (referred to as "the Client") agree to the terms outlined in this document. By ticking the box labeled "I understand and agree" during the booking process, the Client confirms they have read, understood, and accepted these terms and conditions.
Acknowledgement
Both the Client and the Service Provider acknowledge that this agreement constitutes a legally binding contract.
By entering into this contract, the Client agrees to all outlined terms and conditions and explicitly grants the Service Provider permission to use the Client's images for promotional purposes (model release). This contract represents the complete understanding between the Client and the Service Provider, including their responsibilities related to photo editing, delivery of images, copyright, public liability, and payment terms.
Service Provider Responsibilities
If the Client does not provide a brief or specific direction for the photoshoot at least one week in advance, the Service Provider will take creative freedom in creating the images. In such cases, the final result may or may not meet the Client’s expectations.
The Service Provider will create images inspired by the Client's brief and/or previously discussed ideas. They are responsible for bringing any equipment or assistants necessary to complete the photography services.
In the unlikely event of lost image files due to equipment failure, such as SD card, hard drive, or computer issues, the Service Provider will offer appropriate compensation in the form of a re-shoot, partial refund, or full refund. The type and amount of compensation will be at the Service Provider's discretion and will be based on the quantity and importance of the lost images. Compensation will only cover the photography service provided and will not include reimbursement for any third-party costs.
The Service Provider will deliver a set of preview images to the Client within 14 days of the shoot date via a private online gallery. These images will feature the Service Provider's logo, which will be removed once the Client has selected their images, up to the amount specified in their booking. After the Client confirms their selection via email, the Service Provider will deliver the high-resolution final images without logos within 7 days.
If the photoshoot involves products, the Service Provider will care for them to the best of their ability but will not be liable for any damages incurred during the process.
The Service Provider will wait at least 2 weeks after delivering the final images before publishing any photos, unless otherwise discussed. The Client must communicate in advance if they require an alternative arrangement.
Client Responsibilities
The Client agrees to send full payment prior to their photoshoot date to secure the booking date and time.
The Client agrees to send payment for any extra edited images and any extra time purchased during the shoot, prior to receiving the edited images.
The Client agrees not to further process (edit and/or apply filters) to the delivered images, in order to avoid misrepresenting the photographer’s work. It is accepted if the Client wishes to fade photos for social media stories and posts.
The Client agrees to these terms and conditions prior to the shoot commencement.
The Client is responsible for ensuring any special shoot extras—such as props, hair and makeup, clothing, etc.—are brought to their session or arranged in advance. The Client should discuss these requirements with the Service Provider prior to the shoot date.
The Client agrees to provide a brief or mood board for the shoot at least one week in advance. If no brief is provided, the Service Provider will take creative freedom, and the final result may or may not meet the Client’s expectations.
The Client agrees to arrive on time for their session. Clients should aim to arrive 15 minutes early. If the Client, their spouse, assistant, guest, or any other person joining the shoot is late, there will be a 10-minute grace period. Any lateness after the grace period will eat into the session time and result in a shorter session. This applies to models contracted under the Client as well—if they are more than 10 minutes late, the shoot will be shortened.
It is the Client’s responsibility to ensure that the photographer and other vendors, such as makeup artists, are credited in any public use of the images.
Photo Editing
The Service Provider will perform colour correction and creative processing on the photos to ensure they suit the style of the shoot and align with the Client’s brief. The Service Provider will ask for a brief or mood board, but if the Client does not provide one, the Service Provider will take creative freedom in editing the images.
The Service Provider's editing may include both colour and black-and-white options. Most edits will be in colour; however, if the Service Provider believes a certain photo will look best in black and white, it will be delivered in that edit. This decision is often based on factors like lighting, colours, shapes, and textures that may edit better in black and white. Where possible, the Service Provider will provide the option of both colour and black-and-white edits.
The Client will have the option to choose their favourite images in their private online gallery prior to downloading.
Delivery of Images
This is a two-step process: a preview gallery followed by a download gallery. The images in the preview gallery will be curated and fully edited by the Service Provider, delivering a larger selection for the Client to choose their favourites from. The only photos the Client won't see are repeats, out-of-focus shots, blinking, mid-sentence speaking, or images that don’t edit well due to external factors.
The preview gallery will be sent to the Client within 14 days of the shoot (unless otherwise specified in the booking). The images in this gallery will have the Service Provider's logo on them and will be for preview only, with no downloads.
The Client will select their favourite photos by pressing the star icon on the images. The number of favourites is outlined in their booking. The Client will then send the Service Provider an email to confirm this step has been completed.
The Service Provider will upload the Client's favourites to a separate gallery in high resolution within 7 business days. Downloads will be enabled.
For any extra photos beyond the limit of the Client’s package, once the invoice is paid, the extras will be uploaded to the download gallery within 7 business days of payment receipt.
The process is as follows: the Service Provider will upload the number of images the Client’s package allows from their ‘favourited’ selection. These images will be uploaded in no particular order, as the Service Provider cannot see the order in which the Client has chosen them.
The Client will receive an invoice for the additional photos. Once payment has been received, the Service Provider will upload the extras and email the Client a confirmation. Once the Client has downloaded their final images, they cannot swap them for others in the gallery. Any extras must be paid for.
Copyright
The Service Provider is the copyright holder for all images produced from this shoot. This means the Client is free to publish or have the images from this shoot published by a third party. However, in doing so, the Client must ensure that the photographer and other vendors, such as makeup artists, are credited in any public use of the images.
All parties are granted the right to use the images and footage without restriction for advertising, portfolios, and other lawful purposes. However, no alterations may be made to the images by the Client or third parties.
The Client waives the right to inspect or restrict any images produced from the shoot outlined in this contract.
The Service Provider holds the right to publish any image from the shoot, whether or not the Client has chosen it as one of their final images or as a purchased extra. If the Client would like a copy of an image that has been published by the Service Provider (if it was not part of their original selection), the Client will need to purchase this image as an extra.
Public Liability
The Service Provider is not, at any time, responsible for the safety and wellbeing of the Client or anyone else attending the shoot.
Should any damages occur to the Client, product, or any person attending the shoot (including but not limited to: loss or damage to goods, loss or damage to personal belongings, ill-health of the Client or anyone else attending the shoot, injury to any persons present, etc.), the Service Provider is not responsible.
The Client agrees to release the Service Provider from any responsibility and acknowledges they cannot take legal action.
The Service Provider cannot be held responsible for any issues related to, or caused by, COVID-19. The Client hereby releases, waives, and forever discharges any and all liability and claims against the Service Provider.
Model Release
The Client is responsible for ensuring that all models or participants in the shoot, including themselves, any contracted models, colleagues, dependents, or partners, have provided photographic consent prior to the shoot date. By agreeing to this contract, the Client gives permission for themselves and all individuals involved in the shoot to be photographed as outlined in this agreement.
The Client also waives the right to inspect or restrict any images produced from the shoot outlined in this contract. The Service Provider has the right to use these images for commercial, portfolio, and promotional purposes without further consent from the Client or other participants.
Payment Terms
100% upfront payment and contract signature are required to secure the booking. Payments are non-refundable except in the event that the Service Provider needs to cancel the shoot.
Additional time on the day of the shoot will be billed at $75.00 per 30-minute increment. This fee will be invoiced after the shoot and must be paid in full prior to the delivery of your edited images. Additional time is subject to the Service Provider's availability and approval.
Two free reschedules are available if the Client contacts the Service Provider at least 2 full days before the scheduled shoot. Any further reschedules will incur a 20% session fee charge.
In the event of poor weather conditions, a reschedule will be available at no additional fee. The decision to reschedule due to weather is at the Service Provider's discretion. The Service Provider will contact the Client the day before or on the day of the shoot if it needs to be rescheduled due to weather. Indoors-only shoots will go ahead as planned, regardless of the weather.
If the Client is unable to attend the shoot, it can be gifted to a friend, but this must be communicated ahead of time.
All shoots must be used within 12 months of the booking date. No exceptions. Once the booking expires, the Client will forfeit any payments made and will need to rebook and pay again.
If the Client has any concerns regarding any of the above terms, they should contact the Service Provider prior to booking the photoshoot.