Pre-Wedding + Portrait Photography Contract :
GENERAL TERMS AND CONDITIONS:
- ENTIRE AGREEMENT: This agreement contains the entire understanding between Black Avenue Productions and the Client. It supersedes all prior and/or any other verbal or other agreements between the parties. Additions or alterations to this agreement will only be recognised if in writing and signed by both parties.
- CANCELLATION: There shall be NO refund of retainer from the signing of agreement due to the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that Black Avenue Productions will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Black Avenue Productions. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Black Avenue Productions of the cancellation.
Black Avenue Productions is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the retainer is non-refundable. The session can be rescheduled at the original portrait session fee. In the event Black Avenue Productions are unable to attend the session and fulfil their photographic obligations, for whatever reason, all monies paid by the Client will be refunded.
- METHOD OF PAYMENT: Payment can be made in cash or via direct deposit or PayPal into the following account: (Please note your name and wedding date as reference.)
By Direct Deposit:
Bank Vic / BSB: 704 230
Account Name: Black Avenue Productions
Account Number: 100 547 492
By PayPal : email@example.com
- CREATIVE LICENSE: Images are edited at the photographer’s discretion, and delivered prints may not include all images shot. Black Avenue Productions reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.
- FAILURE TO PERFORM: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, Black Avenue Productions can not be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer(s) is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer(s) is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Black Avenue Productions will be used for organizational purposes only and in no way represents photography that will actually be produced. Black Avenue Productions will do its best to fulfill all requests but can make no guarantees all images will be delivered. Black Avenue Productions recommends that CLIENT point out important individuals for informal or candid photographs to the photographer(s) during portrait shooting, that they wish to have photographed. The photographer(s) will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photograph’s.
- MEALS: A light meal is required for events up to 6 hours for Black Avenue Productions. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that Black Avenue Productions will leave the event for up to 1 hour to purchase a meal.
- GARMENTS: Black Avenue Productions cannot be held responsible for damage to Garments during environmental events. Client is responsible to arrange personal assistance for garments.
- DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by Black Avenue Productions are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Black Avenue Productions’ express written permission. The Client has limited copyright ownership of the resulting images, which will be transferred to the Client under the following conditions:
- The digital Images and digital files are the property of the Client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
- The Client must obtain written permission from, and compensate Black Avenue Productions prior to an event where the Client, the Clients friends or relatives publish or sell the photographs for profit.
- MODEL RELEASE: The Client hereby assigns and grants Black Avenue Productions and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright same. The Client hereby releases Black Avenue Productions and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Black Avenue Productions may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television, advertising, magazine advertising and any other purpose thought proper by Black Avenue Productions.
- RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Black Avenue Productions will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Black Avenue Productions will reshoot at no additional charge.
- SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and all other provisions of the agreement shall remain in full force and effect.
- LIMIT OF LIABILITY: Black Avenue Productions take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Black Avenue Productions’ control, Black Avenue Productions’ liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Black Avenue Productions will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
- CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Black Avenue Productions’ service on the portrait date, provided Black Avenue Productions is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to ordering of prints, albums, photobooks or wall art products. Client may not decrease the period of Black Avenue Productions’ service on the portrait date. If the period of Black Avenue Productions’ service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Black Avenue Productions shall still receive the total fees outlined above.
- PORTRAIT FEES: Portrait fees include an initial telephone or in-person consultation with Black Avenue Productions, a two-hours portrait session (or the number of hours purchased in package), and a USB containing the high-resolution photographs from our session. Shipping of the USB and photographer’s travel to and from shoot location within Melbourne area are also included. Additional travel fees are required for shoot locations outside of Melbourne.
- FINAL DELIVERY OF DIGITAL IMAGES: Black Avenue Productions will provide the Client with one (1) fully formatted USB stick with the agreed compilation of the agreed number of digital images there in within four (4) to six (6) weeks of the portrait session.
- QUALITY STANDARD OF PRODUCT: All digital and print products delivered by Black Avenue Productions will be Colour corrected by the Photographer or our post-production team on our own equipment. Black Avenue Productions will provide the best possible quality images for printing purposes. The Client understands that any images printed by the Client may not be of the same quality and may not have archival characteristics as the printing services provided by Black Avenue Productions.
- PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time due to the inherent qualities of dyes and inks, and Client releases Black Avenue Productions from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
- PRODUCT PRICING: Additional prints and albums, to the ordered package will be made available from Black Avenue Productions for purchase (if required). All contracted products must be ordered within one (1) year of the session date. If contracted products are not ordered within one (1) year, Black Avenue Productions will NOT provide the client with all/any outstanding products (albums/prints). Black Avenue Productions will be deemed to have satisfied all the obligations set out in this contract. Orders placed after a period of one (1) year, will be billed at Black Avenue Productions’ current pricing, which may be greater. Any additional editing and/or retouching will be subject to an hourly rate of $100 per hour. Retouching includes but is not limited to additional skin softening/smoothing, correction of hair/makeup, environmental effects, teeth whitening, brightening of eyes, and bodily enhancements.
19: ALBUM/PHOTOBOOK ORDERS: Black Avenue Productions will propose, design and advise of an album/photobook layout, however, all Client choices will prevail. Album orders will include choice of photographs selected (with special instructions, if any) and these decisions are made following inspection of images. A total of two (2) album design sessions are included for all album orders. Additional album design sessions are billed at $250.00 per session. In the event that the client desires extra pages in any albums, the client will be charged $50 per extra page (2 sides). Due to the custom nature of album orders, all album orders are final upon submission and cannot be changed under any circumstances. All albums/photobooks will be delivered to the Client six (6) to eight (8) weeks after approval on the final layout.
- SHIPPING: In the event that shipping is required, the Client understands that shipments for products such as, USB stick, Albums/Photobooks, Prints, and Wall mount artworks are usually shipped using registered post. Client is responsible for requesting and paying for postal insurance. Client releases Black Avenue Productions from any liability from uninsured claims due to loss or damage during shipping with Australia Post or chosen courier company(s). Client understands and acknowledges that Black Avenue Productions is not liable for any damage to the product caused by Australia Post or chosen courier company(s) during shipping.
By signing of this contract, the Client acknowledges that they have thoroughly read they contract and consent to all terms and conditions outlined herein.