Emma Veness Photography
Terms & Conditions
ABN: 635 172 646 28
Ph: 0457221324
Email: emmaveness.photography@gmail.com
Summary
Emma Veness Photography (hereafter referred to as the service provider) and the client (hereafter referred to as the client). Upon ticking the box "I understand and agree" when booking, the client confirms they have read, understood and agreed to the terms and conditions outlined in this document.
Acknowledgement
The client and the service provider acknowledge that this is a legally binding contract.
The client and the service provider acknowledge the terms of this contract and will comply. This contract represents an entire understanding of the service provider & client responsibilities, photo editing, delivery of photos, copyright, public liability, payment and includes a model release.
Service Provider Responsibilities
They will be the sole photographer for the photo shoot.
They will create photos that are inspired by the client brief and/or discussed ideas.
They are responsible for bringing any equipment or assistants necessary to complete the service.
To offer a re-shoot/partial refund/ full refund as compensation in the case of lost image files prior to delivery of photos. This may be due to the failure of an SD card, hard-drive, computer, etc. The compensation offered is at the discretion of the service provider and will be determined by the amount of photos lost. No third party costs will be compensated. The cost compensated will be solely for the photoshoot service provided.
To deliver to the client a set of images to preview within 14 days of the shoot date in a private online gallery. The service provider's logo is to be placed over the initial images, to be removed once the client has indicated which images they would like, up to the amount indicated in these terms and conditions and service outline.
Once the client has indicated which images they would like to download from the preview gallery, the service provider is responsible for sending a new gallery containing the high resolution files of the chosen images, with no logo present, within 7 days of the client's confirmation email stating they've chosen their images.
If products are involved, they will care for the products to the best of their ability. The service provider is not liable for any damages.
The service provider will wait 2 weeks following the delivery of final images to the client to publish any images unless otherwise is discussed. The client will need to state if they would prefer an alternate arrangement.
Client Responsibilities
To send full payment prior to their photoshoot date to secure the booking date and time.
To send payment for any extra edited images prior to their receipt.
Not to further process (edit and/or put filters over) the delivered images, as to avoid misrepresenting the photographer’s work. It is accepted if the client wishes to fade photos for social media stories and posts.
Agree to these terms and conditions prior to the shoot commencement.
Ensure any special shoot extras: props, hair & makeup, clothing, etc. are brought with them to their session, or sorted prior. Discuss with the service provider prior to the shoot date.
To arrive on time for their session. Clients should aim to arrive 15 minutes early. If the client/ their spouse/assistant/ guest/ any other person joining the client at 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. The same applies to models contracted under the client - if they are more than 10 minutes late, the shoot will be shortened.
It is the client's responsibility to ensure the photographer and other vendors such as makeup artists are to be 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 that they are similar to the client brief. The photographer will ask for a brief/ mood board, but if the client does not provide this, the service provider will need to take creative freedom.
The service provider's editing is both colour and black and white. Most edits will be in colour, however if they feel a certain photo will look best in black and white, it will be delivered with this edit. Sometimes different lighting, colours, shapes & textures simply edit best in black and white. Where the service provider can, they will provide the choice of both.
The client will have the option to choose their favourites in their private online gallery prior to downloading.
Delivery of Images
The images will be curated and edited by the service provider. There will be a larger selection for the client to then choose their favourites from. The only photos the client won't see will be repeats, out of focus, blinking or mid-sentence speaking, or images that don't edit well due to external factors. This is a two step process: a preview gallery followed by a download gallery.
The first step involves a preview gallery sent to the client within14 days of the shoot. The images in this gallery will have the service provider's logo on them, and will be for preview only, no downloads.
The client will pick their favourite photos by pressing the star icon on the images. The client will then send the service provider an email to confirm this step has been completed.
The service provider will upload the favourites to a seperate gallery in high resolution within 7 days. Downloads will be enabled.
For any extra photos beyond the limit the client package allows: once the invoice is paid, the extras will be uploaded to the download gallery within 7 days of payment receipt.
The process is as follows: the service provider will upload the number of images the client package allows from their 'favourited' selection. This will be in no particular order as they cannot see the order in which the client has chosen them.
The client will receive an invoice for the additional photos. Once the payment has been received, the service provider will upload the extras, and email the client a confirmation. Once they have downloaded their final images, the client cannot be 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, and in doing so, they will need to ensure the photographer and other vendors such as makeup artists are to be credited in any public use of the images.
All parties are granted the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes, however no alterations may be made by the client.
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 this as one of their final images or as a purchased extra. If the client would like a copy of an image, whether they have seen it published by the service provider or not, they will need to pay an additional fee.
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 (for example, and not limited to: loss or damage to/of goods, loss or damage to/of 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 of 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 will need to confirm photographic consent with any models or other particepants prior to the shoot date. They hereby give permission for themselves, models contracted by them, colleagues and any dependants or partners to be photographed in the shoot outlined in this contract.
The client waives the right to inspect or restrict any images produced from the shoot outlined in this contract.
Payment Terms
100% upfront payment required and contract signature to secure booking. Payments are non-refundable except for one circumstance: refund only available if the service provider needs to cancel.
Two reschedules available if the client makes contact at least 2 full days prior. Further reschedules available at a 20% session fee charge.
Reschedule available if poor weather conditions present at no additional fee. This is up to the discretion of the service provider. The service provider will contact the client on the day before or day of the shoot if this needs to be rescheduled due to weather. Indoors only shoots will go ahead.
The shoot can be gifted to a friend if the client can't make it.
All shoots must be used within 12 months of the date the booking was made. No exceptions. Once a booking has expired, the client will need to book again and will forfeit any and all payments made.
If the client has any concerns regarding any of the above, please contact the service provider prior to booking the photoshoot.