1. ENGAGEMENT AND SERVICES

1.1 The Agreement is between the Photographer and the Client. The Client wishes to engage the Photographer and the Photographer accepts the engagement to hereby:

(a) provide the Services to the Client;

(b) produce the Photographs;

2. PAYMENT AND FEES

2.1. The Client agrees to pay the Fee and Expenses (plus GST, if applicable) to the Photographer.

2.2 The client is to ensure full payment is made within 24 hours of the invoice being sent.

2.3 The photographer will send 3 reminders to pay the invoice. (If there is no response, the session will be cancelled)

3. RIGHTS GRANTED

3.1. The Photographer asserts all moral rights attached to the Photographs, and the Client does NOT

have the right to edit, change, add to, take from, alter or otherwise amend the photographs without the prior written consent of the Photographer.

3.2. The photographer has the right to promote and market the Photographs taken, including but not limited to displaying the Photographs in the Photographer’s portfolio, on the Photographer’s website and in galleries, social media or in photography competitions.

4. INTELLECTUAL PROPERTY

4.1. The Photographer is the owner of the intellectual property created by the Photographer in the course of the Services, including but not limited to the Photographs, digital or electronic material, transparencies, negatives, and prints relating to the Photographs.

4.2. The Photographer retains all rights and ownership in the Photographs and any negatives (or digital equivalent) from which the Photographs are derived. No interest in the negatives (and/or digital equivalent) is assigned. Unless otherwise agreed in writing, the Photographer is not responsible for storing or archiving the Photographs.

5. PHOTOGRAPHER’S INTERPRETATION

5.1. The Parties agree and acknowledge that the details of the Services, Photographs and/or works the subject of this Agreement have been discussed by the Parties and are described in the invoice provided. It is further acknowledged that if the Client or the Client’s representative is not present on the Photography Date(s) at the Location, then the Photographer’s interpretation of the Services shall prevail.

6. WARRANTY AND INDEMNITY

5.1. The Client warrants to the Photographer that:

(a) it has the capacity and authority to enter into this Agreement;

(b) it has obtained the necessary clearances in relation to the subject matter to be photographed; and

(c) it will only use the Photographs in accordance with the agreement

7. CANCELLATION BY CLIENT

7.1 If the Client cancels the Agreement before the appointment date (within 7 days of the appointment date) the Photographer reserves the right to charge the Cancellation Fee set 50% of the fee paid. If the Client cancels or postpones the Services after the Cancellation Date, the Photographer reserves the right to charge the Client the full Fee and Expenses.

7.2 If the client cancels due to a change of mind, they are no longer entitled to a refund.

7.3 If the client cancels the appointment due to situations we can't control, they are only entitled to a 50% refund (these could be, but are not limited to, weather, sickness, a birth, time-sensitive sessions or an injury)

7.4 If the client cancels the appointment due to preferred dates that the photographer/client is unavailable for, they are no longer entitled to a refund, but the money can be transferred to a different session or date availability.

8. TERMINATION

8.1. This Agreement may be terminated if:

(a) The Client fails to pay any part of the Fee or Expenses;

(b) The Client is declared bankrupt, enters into administration or into liquidation;

or

(c) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from the Photographer of such breach.

8.2. Immediately upon termination:

(a) All rights in the Photograph/s and/or work(s) revert to the Photographer;

(b) The Client must return all physical property (including but not limited to the Photographs and any equipment; and

(c) All Fees and Expenses owed to the Photographer under this Agreement must be paid in full.

9. MISCELLANEOUS

9.1. This Agreement constitutes the entire understanding between the Parties, and may not be modified, amended, or otherwise altered unless agreed in writing between the parties.

9.2. Each party must do all acts and execute all documents as necessary to give effect to this Agreement.

9.2. The Client must not assign or sublicense all or any of its rights in this Agreement without the prior written consent of the Photographer.

9.3 Gift vouchers are non-refundable

9.4 The photographer retains the right to move/reschedule any standard sessions if a wedding inquiry comes in for the dates a standard session is booked for or in the event of a birth taking place, or a time-sensitive booking taking precedence.

9. NO SHOW

9.1. If the client does not show up to their appointment on the day or time booked, then they automatically forfeit their entire booking fee.

OUTDOOR SESSIONS

With these types of sessions, they can. be affected by the weather. If it is raining on the day, we will message you to reschedule the session to the next available time.

10.1 Mini-sessions

We will do our best to fit the whole group within the next available day. As the minis are a specialty session at a discount, we need to work around a date that works for everyone booked in for that day. We will check the weather at the start of the week and then send you a message to inform you of the potential rescheduling. As the date approaches, I will assess the predicted weather forecast a day before the session is to commence. Unfortunately, we do not offer refunds on weather-affected sessions as the weather is something we can't control, and we do our best to accommodate

11. WATERMARKED IMAGES AND EDITS

11.1 Sharing and screenshotting our watermarked images is not allowed unless agreed to in writing with the photographer. We work hard to photograph and edit your images, so if you share the image you screenshotted on social media, consider it added to your next invoice along with your chosen favourites.

Facebook and Instagram have systems that pick up on the image filters and will potentially/temporarily suspend your account. Our system copyrights watermarks your image gallery until you receive the original copies. This is what social media picks up on and will flag it as 'going against their community guidelines', so we would highly advise and request that you don't share these images without our consent. We are not responsible if your account becomes suspended or temporarily banned. Our motto is "you share it, you pay for it.