In the following client agreement “the photographer” shall mean Bianca Wellington trading as Pink Lotus Photography. “The clients” shall be those persons defined on the form above. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
1. COPYRIGHT & IMAGE USE
i.The clients agree that any digital images purchased from the photographer are for personal use only.
ii.The clients agree that they will not: re-edit, profit from or claim the photographers images as their own work.
iii.The clients agree that the photographer will retain the copyright to all photographs (edited or otherwise) obtained during their session.
iv.The clients agree that they will not receive any RAW or unedited digital files from the photographer.
v.The clients agree that they will credit the photographer for their work where possible.
2. PAYMENT & REFUNDS
i.The client agrees to pay a $100 non-refundable retainer within 5 days of receiving a booking link from the photographer.
ii.The client agrees that their booking remains on a tentative basis until the retainer is received and the client agreement is signed.
iii.The client agrees that failure to do so within the set time frame will result in an automatic loss of their desired session date.
iv.The client agrees that full payment will be made to the photographer no later than the completion of their session. Failure to do so will result in the delay of their final images and/or products.
v.The client agrees that all funds paid to the photographer are non-refundable but are transferrable in the event of sickness, acts of god or unremitting weather conditions.
vi.The client agrees that all sales are final, and due to the nature of the products, refunds will not be given.
3. DELIVERY TIME FRAMES
i.The photographer agrees to supply a preview gallery to the clients to their provided email address within seven (7) days from their session, provided full payment has been received.
ii.The client agrees that their preview gallery will only remain open for selection for fourteen (14) days.
iii.The photographer agrees to return the completed gallery within fourteen (14) days from the date the client completes their preview gallery selection and pays any additional upgrade fees.
iv.The client agrees that their final gallery will remain open for download for only thirty (30) days.
v.The client agrees that failure to submit an order from their preview gallery or download from their final gallery within the above timeframes, that they will incur a gallery re-establishment fee of $50.
vi.The photographer agrees to retain the final gallery files for six (6) months from the date of the final gallery upload and is not responsible for recovering any images past the above time frame.
vii. The client agrees that products can take up to six (6) weeks to be processed, shipped to the Photographer for checking and then shipped on to you. Clients are able to collect items from the studio if they choose but only at an agreed upon time.
ix.The client agrees that it is their responsibility to; check their email account (including junk and spam folders), respond appropriately to any contact and/or galleries from the photographer; and ensure their mailing address is correct or notify the photographer if any changes are made.
4. GENERAL TERMS & CONDITIONS
i.The client agrees to assist and cooperate with the photographer in obtaining their desired photographs. The photographer will not be responsible for photographs not taken or those taken of poor quality as a result of the clients failure to provide reasonable cooperation, assistance, or by arriving late to their session.
ii.The client agrees that the photographer is not responsible for the unwilling participation of their child/ren. However, the photographer does agree to take reasonable steps to try do so.
iii.The photographer does not guarantee that desired locations will always be accessible or unchanged. The client understands that this is solely dependant on weather conditions, time of year, council maintenance, location closures and the ability for the photographer to obtain the necessary permits.
iv.The client agrees to wholly indemnify the photographer from any liability whatsoever arising from any injury obtained during our session. The clients agree that they may be exposed to natural hazards including but not limited to: insect bites, scratches from sticks or grass and/or possibly injury from wildlife, plants, bad weather or uneven surfaces.
v. The client agrees that in the event of technical failure, theft or damage to any of the photographers equipment during or after their session which results in the failure of their images being processed, that the photographer is not liable whatsoever.
vi.The photographer agrees to reschedule another session with the clients, and the clients agree to relinquish any responsibility from the photographer to recover any lost images.
5. RESCHEDULING & CANCELLATIONS
i.The clients agree that in the event their session is postponed more than thirty (30) days, that they will accept a credit in lieu of the package purchased. The clients agree that any credits provided will be in the full amount of all funds paid to the photographer in respect to the postponed session. The clients agree that the credit will have an expiry date of 6 months from the date of issue.
ii.The clients agree that they will provide the photographer with a minimum of twelve (12) hours notice in the event that they need to postpone their session. Failure to do so will result in the surrender of their original $100 non-refundable retainer and will be required to pay a new $100 non-refundable retainer to secure another session with the photographer.
iii.The clients agree that they will arrive to the session at the time the photographer has requested above. The clients understand that the time of arrival requested is necessary to allow for wardrobe and walking into locations.
iv.The clients agree that if they are more than 15 minutes late to a session and have not made contact, the photographer has the right to leave the location and subsequently cancel the session with the surrender of their retainer.
v.The photographer agrees to wait for the clients if they have made contact in regards to their late arrival. However, the clients understand that the late arrival time will be taken out of their full session time.
i. The clients agree that the photographer will not tolerate any inappropriate behaviour.
ii.The photographer retains the right to terminate a session and dispose of any images due to any of the following made towards the photographer and/or other clients/members of the public: inappropriate comments, excessive language, intoxication, threats, and disrespect of any location/property/belongings.
iii.The client agrees that they will not, under any circumstances, attend a session with the photographer whilst in possession of any weapons, including but not limited to: a pocket knife or hand gun, concealed or otherwise, alcohol; and/or recreational drugs.
7. PAYMENT PLANS
i. The clients understands that payment plan approval is at the discretion of the chosen creditor/s.
ii.The client agrees that if a payment plan is declined, they will pay any outstanding balance in full to the photographer. Failure to do so will result in the cancellation of their session and/or disposal of any images obtained at their session.
iii. The client agrees that any pre-session payment plan with the Photographer must be fully paid by the completion of the session. Failure to do so will result in a delay of images and products.
8. PHOTOGRAPHER IMAGE USE
i. The client agrees that the photographer may at her disrection, use the images taken of them and their children in her portfolio and consents to the images being used in the following modes of display : Website, Facebook, Instagram, Tik Tok, Print Advertisement, Google Ads, Facebook Ads and the like.
i. The clients understand that by signing this agreement, they are acknowledging that they have read and understood the agreement in its entirety.
ii.The clients understand that if they do not agree with any sections outlined in the above agreement, that they have contacted the photographer to discuss/amend prior to signing.
iii.The client agrees that if they do not wish to sign this agreement, or any individually altered versions, that their booking will not be acknowledged by the photographer.