CapturePro Photography

Booking Terms & Conditions

 

DEFINITIONS:

This Agreement is between CapturePro Wedding & Lifestyle Photography (“Photographer”) and [You] (“Client”) which includes principal client, employees, affiliates, and representatives. Client agrees that it has the legal authority to enter into this Agreement in his/her personal capacity and/or on behalf of its employer, company or organization. Photographer’s relationship with Client is that of an independent contractor.

 

“Image(s)” means the photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints, or digital files, that were captured, recorded, stored, or delivered, in any type of analogue, photographic, optical, electronic, magnetic, digital, or any other, media.

 

AGREEMENT

1. This document comprises an agreement between yourselves and CapturePro Photography Australia Pty Ltd (ABN 39 784 541 161) upon payment of your non-refundable booking deposit and acceptance by us. Your acceptance of these terms and conditions occurs upon your payment of the retainer fee. Please retain a copy for your records.  In addition to oral and written agreements, placing a retainer fee for a future session and/or use of any Image(s) by Client will constitute acceptance of all the terms and conditions.

2. Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

3. No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.

4. This Agreement will be deemed to be a contract made under the laws of Australia and the State of Queensland, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of the state of Queensland Australia. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.

5. By accepting these terms and conditions, you acknowledge that you are at least eighteen years of age, or the legal age to form a binding contract within your legal jurisdiction.    

 

GENERAL LIABILITY AND RELEASES:

1. Photographer will take all reasonable care in the production of the Image(s) and the performance of this agreement. But Photographer will not be liable for any loss, damages, or costs, suffered by Client, or by any third party, arising from Client’s use of any Image(s).

2. Client will indemnify, defend, and hold harmless, Photographer, his contractors, and his representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from Client’s use of any Image(s).

3. Photographer is not responsible for obtaining model, property, trademark, copyright, or any other, releases in connection with the Image(s) unless specifically stated in this Agreement. It is Client’s responsibility to obtain all necessary permissions for any Image use that requires a release or other consents.

4. Should Photographer agree to deliver any releases, it is Client’s responsibility to determine whether such releases are suitable for Client’s purposes. Photographer gives no warranty or guarantee as to the legal validity of any release.

5. In any event, Photographer’s liability for all claims will not exceed the total amount paid under this Agreement.

 

COPYRIGHT

1. Copyright in the photographs is retained by the client for private, domestic, and personal use only. Any sale or commercial use must have written approval by CapturePro Photography. CapturePro Photography 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 CapturePro Photography.

2. All images are provided to you with a ‘personal use, royalty free, perpetual licence’. You are free to print your photos and make copies of your images. You may also submit them to online or print publications. We only require that you acknowledge CapturePro Photography Australia as the photographer and  request a credit and website link when using images in  notices and media  (ie. Magazines, Newspapers, Blogs, Websites, etc).

3. Client will not make or permit any alterations, including, but not limited to, filters, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. 

4. Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.

5. Unless otherwise agreed, Photographer retains the right to use the Image(s) for his self-promotion.

 

IMAGE STYLE & EDITING PROCESS

1. The client acknowledges that they are familiar with our style, and that our 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 CapturePro Photography will use their expertise and artistic judgement to create images consistent with their vision, which may be different from the clients.

2. Photographer is committed to providing high quality services. Unless otherwise specified, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

3. Photographer uses cameras and monitors that are colour calibrated to industry standards. But due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

4. It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

5. All editing is done at the photographer’s discretion. The photographer reserves the right to refuse any additional edits requested.  Some images may only be produced in colour or black and white at the artists discretion. If the client(s) wish to request additional editing of images this is done at a separate fee starting at $20 to $50 per image.

 

PAYMENT

1. No rights are granted until photographer has received full payment, including, if applicable, any late-payment charges.

2. Unless otherwise agreed, the use of any image(s) prior to full payment will be considered an unauthorized use. Client agrees that the reasonable and stipulated amount that will be paid to photographer for such an unauthorized use will be double the invoice total.  This includes screen captures from preview albums and downloads from Facebook, other social media or photographer website.

3. Where usage rights before full payment are granted, Photographer reserves the right to rescind any such usage rights if Client fails to make timely payment.

4. Photographer does not provide any receipts to Client. Client’s proof of payment will serve as Client’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the Client.

5. All additional costs such as permits to photograph in national parks or on beaches that require permits, if any, are the responsibility of and must be paid for by the Client.

6. Travel fee applies if travel is in excess of 15km.  This will be confirmed and discussed with he client prior to confirming the booking.

 

FAILURE TO PERFORM

1. If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond his control, then Photographer will attempt to procure the services of another professional photographer to fulfill his obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

2. This limitation of liability will also apply if any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

 

ARCHIVING DIGITAL FILES

1. While Photographer may choose to archive the Image(s), it is Client’s responsibility to safely store and archive the Image(s) for the duration of the term of license. Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

2. Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and his contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer becoming unusable.

3. All digital files created by, or on behalf of, Client that contain any Image(s) will be deleted or destroyed within ten days after the expiration date of license.

4. Any requests for the photographer to reproduce images that were already delivered will incur a $100 processing fee.

 

SESSION TERMS

1. Sessions will be conducted at a location agreed upon by the photographer.  The photographer will not trespass or use any property/locations that is considered unlawful to do so.  The photographer is bound by any rules for the property or location.  If the Client wishes to shoot on private property it is the Clients soul responsibility to get authorization from the owner of the property.  The photographer is not responsible for hazards at the location and the Client agrees to enter into the session at their own risk.

2. No other photographers/videographers are allowed during the session unless agreed to in writing by CapturePro Photography.  Client or guest will refrain from taking cell phone images during the session unless agreed upon by the photographer.

 

CANCELLATIONS AND POSTPONEMENTS

1. A retainer fee is due to hold your session date.  This fee is non-refundable.  The remaining balance is due the date of your session.  If you cancel without a reasonable excuse, your retainer is forfeited and may not be applied to another session.  If you do not cancel and the photographer arrives at the location of the session you will be responsible for paying the remaining balance.

2. If a reschedule is required due to factors beyond the control of Photographer, including but not limited to, weather conditions, or acts of God, Photographer will not charge an additional fee.

 

ACCEPTANCE OF TERMS

1. Client may not assign or transfer this Agreement or any of the rights granted hereunder. This Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

2. No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.