Client / Photographer Agreement

THE CLIENT

1. I/we authorise the Studio to arrange the photography in accordance with the details in the Questionnaire. I/we are satisfied that these details are correct and I/we understand there is a two working day cooling-off period from the date of the signing this Photography Agreement before the photography is commenced and for any orders placed.

2. Deposits are not refundable, however, may be transferable at the discretion of the Studio.

3.I/we have received, read and understand the Studio’s price list, which has been confirmed for our assignment on payment of the deposit/ Booking Fee provided I/we order within seven (7) days after the assignment.

4. The booking of and any additional costs incurred for transport, booking venues, photography locations, additional props etc are our responsibility. If these are not paid for separately, the Studio will invoice me for these and such invoice must be paid in advance.

5.The details and times accompanying this agreement form part of this agreement and I/we agree to make every effort to cooperate in order for the Studio to fulfil its contracted photographic duty. I/we acknowledge the Studio will not accept responsibility for the extent of the photographic coverage and fulfilment of the photographic assignment in accordance with the details herein if these details are incorrect or if I/we chose not to follow the agreed schedule.

6.To avoid disruption to the photographic coverage and to allow the Studio to fulfil its contracted duty; other photography by family/ friends at the time of the photographic assignment is not permitted.

7.I/we agree the Studio owns the Copyright in all photographs. I/we give permission to the Studio to use any image from the photographic assignment for industry competitions and as required for subsequent usage and for reasonable general promotional advertising for the Studio unless noted otherwise in the Questionnaire I/we have submitted for this photography session. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us.

8.As the Studio owns the Copyright, I/we agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. I/we will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by the Studio.

 9. The digital files remain the property of the Studio and purchased digital files will be kept on file for a period of five years for re-orders.  Regarding re-ordering photographs, I/we also understand and agree to clauses 10 – 15 inclusive.

10. Orders must be placed within 14 days of the photographic assignment, otherwise prices at the time of ordering will apply and I/we will pay all reasonable freight and postage for the prints we request.

11. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with the Studio had been made. Telephone orders require written confirmation with payment before the order can be processed.

12. I understand that only one Viewing Premier is held per Photography Session and that all decision makers are to be present at the Viewing Premier.  Orders placed at the Viewing Premier are considered a sale.   Due to the nature of custom photography, all sales are final. Studio 4 Photography does, of course, guarantee that the images I/we receive will meet the highest standards in every respect.  I/we understand that all orders shall remain the property of the Studio until full payment has been made. I/we understand that orders cannot be separated for collection unless paid for in full.

13. Should I/we fail to pay for any order within fourteen (14) days of notification of completion, the order shall be in default and the Studio will charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/ we acknowledge that no future orders will be processed until the Order is paid in full.

14. I/we will collect my printed product within 30 days of being notified of the arrival of the product or I/we will pay for the product to be couriered to me according to the studio flat rates for handling and Courier. The studio will not hold onto any uncollected product after that period and the product may be discarded. 15. I/we acknowledge and agree that the Studio has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is further reduced when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under good lighting conditions.

16. Photographers must be respected at all times and with all communication, including but not limited to, email and telephone communication, in person, prior to my shoot, during my  shoot or after and the Studio will not tolerate poor behaviour such as aggression, abuse or rudeness in any form. Every effort will be made by Studio 4  Photography to resolve any conflicts, however should I/we refuse to partake in a mutually beneficial resolution, the Studio may refuse to complete the photography assignment including producing and delivering any and all package products and refuse service should the Studio deem it necessary without refund or compensation.

17. I/we acknowledge that we are familiar with the Studio’s style, and that the work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that the studio will use their expertise and artistic judgement to create images consistent with their vision of the session.  

18.  If I/we have selected and purchased an incorrect photo at the Viewing Premier, I/we must notify Studio 4 Photography, before receiving the incorrect photograph as a proof. I/we understand that the studio is not required to provide a refund if you change your mind after making a commitment to the purchase at the commencement of my/our Viewing Premier.  I understand that I/we can choose a refund or exchange if an image or the product purchased has a major problem.  This is when the image or product purchased has : a problem that would have stopped someone from buying the item if they had known about it, is unsafe, is significantly different from the sample or description, doesn’t do what we said it would, or what you asked for and can’t easily be fixed.  If the problem with the image is not major the studio will amend the item within a reasonable time.  If it is not amended in a reasonable time I/we can choose a refund or replacement. If a mistaken photo has been sent by the Studio or used to produce a printed product, as documented on the order, Studio 4 Photography will send the correct photo to the buyer free of charge.  

19.  I/we will contact the Studio and reschedule the photographic session if anyone I/we plan to bring to the session is unwell.   I/we understand  that the Studio needs to ensure that infections aren’t spread through the studio and that I/we cannot attend if I/we are exhibiting any signs of sickness.  This includes but is not limited to : fever, cough, sore throat, shortness of breath, fatigue, aches and pains, headaches, runny or stuffy nose, diarrhoea, sneezing. I/we agree to reschedule even if I/we suspect it is hay-fever.  If I/we start exhibiting these symptoms at the session I/we understand that the session may be halted and I/we may be asked to reschedule.  

20.  I/we agree that all attendees will provide their details on arrival for Workplace Health and Safety.  

21. I/we agree that all attendees will wash their hands or using alcohol-based hand sanitiser upon arrival.  22.  I/we agree to advise the studio if any attendees ave travelled either overseas or interstate in the last 14 days and understand that I/we may need to reschedule the appointment.  

23. I/we agree to practice Social Distancing of 1.5m when in the Studio to the extent reasonably practicable.

THE STUDIO

1. Should the nominated photographer not be available for any reason another photographer with equivalent skills will be assigned to the session.

2. The price quoted will be guaranteed for seven days otherwise the current price will be confirmed when the deposit on the order is paid. Any additional costs will be advised and confirmation required before proceeding.

3. The photographs made by the Studio are manufactured with the finest materials currently available. However, colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is further reduced when exposed to strong and prolonged sunlight, heat or fluorescent light sources If in your opinion any photograph made by the Studio has lost its original colour, the Studio may, at its discretion, replace the photograph for fifty per cent of the current selling price. The original photograph must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as the Studio has its possession of the original files in a printable condition.

 4. The digital files remain the property of the Studio and the digital files purchased by the client will be kept on file for a period of five years

5. The Studio shall carry out this assignment with due and professional diligence. Elements beyond the Studio’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/ negatives/digital files in transit between the Studio and professional laboratories employed by the Studio, unforeseen loss or damage to film, negatives/ digital files and proofs during processing and developing either by the Studio or professional laboratories employed by the Studio (that is not the fault of the Studio), industrial disputes, civil disturbances, pandemics or weather conditions which may inhibit or prevent the Studio completing in whole or in part this assignment. In this case the Studio shall not be liable for its complete performance of the assignment. It is agreed that the liability of the Studio shall be limited to be a refund of any money paid under this agreement which shall be in full & final satisfaction of any damage or loss suffered.