ie: The Fine Print
All agreements and transaction between ARNAE PHOTOGRAPHY, and any clients are subject to these terms and conditions. All clients who book a photo session or any other product or service from ARNAE PHOTOGRAPHY agree from that point forward to be bound by these terms and conditions
It is mutually agreed that the following terms and conditions form an integral part of this contract and that no variation or modification of this contract shall be effective unless accepted by Alexia Warnock, trading as Arnae Photography (hereafter referred to as ARNAE PHOTOGRAPHY)
The “CLIENT” means any person, body of persons, firm or company with whom ARNAE PHOTOGRAPHY enters into a contract for the sale of goods or provision of services by ARNAE PHOTOGRAPHY.
This Agreement is between ARNAE PHOTOGRAPHY and [You] (“CLIENT”) which includes CLIENT’s principals, employees, affiliates and representatives. CLIENT agrees that it has the legal authority to enter into this Agreement 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 ARNAE PHOTOGRAPHY 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.
1. SCOPE OF WORK
ARNAE PHOTOGRAPHY and CLIENT are to arrive for the photoshoot at the agreed time and location.
2. RETAINER & PAYMENT:
A retainer of $150 and is to be paid by the CLIENT at the time of booking to secure the shoot date, time and the services of ARNAE PHOTOGRAPHY for the shoot and is non-refundable in the event of cancellation.
All cancellations must in writing. If the CLIENT cancels or changes the engagement within 48hours of the shoot, the retainer will not be refunded however the retainer maybe transferred to a different date.
The remainder of the invoice is to be paid in full 24hours before the scheduled shoot by the CLIENT. Orders will only be processed, and final images delivered once full payment has been made. ARNAE PHOTOGRAPHY accepts bank transfer payments only, these details will be available on the invoice from ARNAE PHOTOGRAPHY.
ARNAE PHOTOGRAPHY does not provide any receipts to CLIENT. ARNAE PHOTOGRAPHY’s invoice will serve as CLIENT’s receipt for work performed and services rendered. Bank transfer fees are the responsibility of the CLIENT.
3. WORK PRODUCT
Digital photos will be made available in a Pixieset online gallery available for download up to 6 weeks after the shoot date. Digital photos will be delivered as high resolution JPEG files in an online gallery. RAW files will not be provided.
When the online gallery is delivered, it shall remain open for 14 days from delivery date. Requests for changes to images shall be made within 14 days following delivery of the online gallery. Be advised that RAW files may be destroyed at any time after the online gallery has closed.
The CLIENT may download images from the online gallery for personal use only.
Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written licence from ARNAE PHOTOGRAPHY.
4. RESCHEDULING/LATE ARRIVALS:
4.1 In the event CLIENT requests to reschedule their session on account of illness, emergency, act of God or any cause outside CLIENT's control, the retainer will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled photoshoot (or reasonable notice in the case of an emergency).
4.2 Requests to reschedule by CLIENTs for any reason other than a reason stated above is at the discretion of ARNAE PHOTOGRAPHY.
The reschedule session is subject to the availability of ARNAE PHOTOGRAPHY.
4.3 In instances where the CLIENT arrives late or fails to attend their shoot at the agreed time, ARNAE PHOTOGRAPHY reserves the right to shorten or cancel the shoot without refunding any fees paid.
If CLIENT cancels this agreement, giving less than 24hours notice prior to the date of the photoshoot or fails to show on time, all payements made to ARNAE PHOTOGRAPHY will be forfeited and may not be applied to another session.
6.1 ARNAE PHOTOGRAPHY and CLIENT agree that ARNAE PHOTOGRAPHY is under no obligation to capture any specific moment or pose or person(s) during the photoshoot. ARNAE PHOTOGRAPHY shall be granted creative and artistic licence in relation to the choice of poses, lighting effects, artistic style, the number of photographs taken and the digital processing of the images.
ARNAE PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of ARNAE PHOTOGRAPHY including but not limited to lateness of the CLIENT, weather conditions, incorrect addresses provided to ARNAE PHOTOGRAPHY, restrictions of the locations.
The CLIENT shall assist and co-operate with the photographer in obtaining the desired photographs during the photoshoot. ARNAE PHOTOGRAPHY shall not be responsible for photographs not taken as a result of the CLIENT’s (including their children) failure to provide reasonable assistance or co-operation.
6.2 If ARNAE PHOTOGRAPHY is unable to supply her photographic services due to illness, emergency, fire, casualty, threat, mechanical breakdown, accident, acts of God, or any other cause beyond her control, then ARNAE PHOTOGRAPHY will attempt to procure the services of another professional photographer to fulfil her obligations.
If that does not succeed, ARNAE PHOTOGRAPHY will return any fees paid by CLIENT and will have no further liability with respect to this Agreement, and ARNAE PHOTOGRAPHY will not be responsible or liable for any other damages beyond the amount of this Agreement.
If ARNAE PHOTOGRAPHY is unable to deliver photographic materials due to technical malfunctions, including but not limited to camera and processing, or otherwise lost of damaged without fault of ARNAE PHOTOGRAPHY, ARNAE PHOTOGRAPHY will not be liable for any consequential loss arising from the non-delivery, and the liability of ARNAE PHOTOGRAPHY to the CLIENT should be limited to the repayment of amounts paid to ARNAE PHOTOGRAPHY under this Agreement.
Provided that ARNAE PHOTOGRAPHY has executed the photography assignment in a professional and competent manner, CLIENT agrees to pay ARNAE PHOTOGRAPHY all fees and expenses in connection with said assignment, whether or not CLIENT uses any Image(s).
6.3 ARNAE PHOTOGRAPHY may deliver, and CLIENT agrees to accept, the Image(s) encoded in an industry-standard data format that ARNAE PHOTOGRAPHY may select, at a resolution that ARNAE PHOTOGRAPHY determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.
ARNAE PHOTOGRAPHY has the absolute right to select the images that will be shown to the CLIENT. All photographs rejected by ARNAE PHOTOGRAPHY during the selection process will be permanently deleted and will not be available for the CLIENT to view. The choice and number of photographs shown to the CLIENT will be deemed correct. The final post production and editing styles, effects and overall look of the images are left to the discretion of ARNAE PHOTOGRAPHY.
CLIENT understands and agrees that ARNAE PHOTOGRAPHY is not required to maintain copies from this photoshoot 14 days after the online gallery has been delivered to CLIENT. CLIENT will have 14 days after the gallery delivery to make ARNAE PHOTOGRAPHY aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents or anything relating to session coverage. After this 14-day term has expired, ARNAE PHOTOGRAPHY will no longer be liable to the CLIENT for any corrections, damages, refunds, re-edits or re-shoots.
All editing is done at ARNAE PHOTOGRAPHY’s discretion. ARNAE PHOTOGRAPHY reserves the right to refuse any additional edits requested such as extensive Photoshop work, digital body modifications etc
Images may only be produced in colour or black and white at ARNAE PHOTOGRAPHY's discretion. If the CLIENT(s) wish to request additional editing of images this is done at a separate fee starting at $50 per image.
6.4 CLIENT agrees to indemnify and hold ARNAE PHOTOGRAPHY harmless for any and all personal injury which may occur during the course of the photography session (including any personal injury arising from or connected with any negligent act or omission on the part of ARNAE PHOTOGRAPHY)
6.5 CLIENT agrees to indemnify ARNAE PHOTOGRAPHY and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this Agreement.
6.6 ARNAE PHOTOGRAPHY reserves the right to terminate coverage and leave the location of the photoshoot if the photographer experiences any inappropriate, threatening, hostile or offensive behaviour from anyone present at the photoshoot; or in the event that the safety of the photographer is in question. If ARNAE PHOTOGRAPHY leaves the photoshoot in accordance with this clause, ARNAE PHOTOGRAPHY will not be liable to refund any amount to the CLIENT, but will be obliged to provide CLIENT with photographs taken by ARNAE PHOTOGRAPHY prior to the photographer leaving the photoshoot.
ARNAE PHOTOGRAPHY takes no responsibility for loss of damage to these files while in storage once gallery has been delivered. It is therefore recommended that the CLIENT duplicate their files and store them across separate platforms and locations. While ARNAE PHOTOGRAPHY may choose to archive the Image(s), it is CLIENT’s responsibility to properly store and archive the Image(s) for the duration of the term of license. ARNAE PHOTOGRAPHY cannot guarantee the availability of any Image(s) beyond the date of first delivery to CLIENT.
CLIENT is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. CLIENT hereby releases ARNAE PHOTOGRAPHY and her contractors, and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by ARNAE PHOTOGRAPHY becoming unusable.
7. PERMISSIONS & PERMITS
ARNAE PHOTOGRAPHY will not trespass or use any property/locations that is considered unlawful to do so. ARNAE PHOTOGRAPHY is bound by any rules stated for the property or location. If the CLIENT wishes to shoot on private property it is the CLIENT's soul responsibility to get authorization from the owner of the property. ARNAE PHOTOGRAPHY is not responsible for hazards at the location and the CLIENT agrees to enter into the session at their own risk.
8. EXCLUSIVE PHOTOGRAPHER
CLIENT agrees and understands that no other party other than ARNAE PHOTOGRAPHY and ARNAE PHOTOGRAPHY's assistant (if applicable) may take pictures of any poses, lighting situations or set-ups made by ARNAE PHOTOGRAPHY.
This slows down the photographers work and violates ARNAE PHOTOGRAPHY's intellectual property in the composition of pictures of the photoshoot.
CLIENT agrees to do all things reasonably requested by ARNAE PHOTOGRAPHY to ensure that no person(s) get in the way of the photographer.
CLIENT or guest will refrain from taking cell phone images or video during the session unless agreed upon by ARNAE PHOTOGRAPHY.
9. COPYRIGHT AND MODEL RELEASE:
9.1 CLIENT acknowledges that ARNAE PHOTOGRAPHY is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of ARNAE PHOTOGRAPHY without limitation. ARNAE PHOTOGRAPHY shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on ARNAE PHOTOGRAPHY's website and/or studio.
9.2 Should the images contain a child or children, CLIENT as a parent or guardian of the child gives permission for the images to be used and published by ARNAE PHOTOGRAPHY, including for the purposes of the reproductions under clause 9.1.
9.3 If ARNAE PHOTOGRAPHY desires to make other commercial uses of the images to promote the commercial interests of any business other than ARNAE PHOTOGRAPHY, ARNAE PHOTOGRAPHY must not do so without first obtaining the written permission of the CLIENT.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of ARNAE PHOTOGRAPHY.
Unless otherwise agreed, ARNAE PHOTOGRAPHY retains the right to use the Image(s) for her self-promotion, business social media account(s) and websites.
10. SOCIAL MEDIA AND PERSONAL USE LICENCE
In consideration of the payment of monies due under this agreement, ARNAE PHOTOGRAPHY grants CLIENT a perpetual non-exclusive license to print or reproduce images downloaded from the photo gallery or delivered by ARNAE PHOTOGRAPHY as follows
a) must not sell, license, sub-license, transfer, or otherwise distribute the printed photos
b) must not use the printed photos for advertising or commercial purposes
c) must no submit or enter the photos into any competition.
ARNAE PHOTOGRAPHY does not provide any unedited images (RAW files) to the CLIENT as it does not represent the quality ARNAE PHOTOGRAPHY strives for. ARNAE PHOTOGRAPHY takes pride in the edited images, and images will not be delivered to the CLIENT if they do not meet ARNAE PHOTOGRAPHY’s quality standards. What defines ARNAE PHOTOGRAPHY’s “edited” images can, but is not limited to, include colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare. ARNAE PHOTOGRAPHY’s edited images do not include retouched or photoshopped images. This is a service ARNAE PHOTOGRAPHY does not offer.
11. PRICING AND ADDIONTAL PRODUCTS
All prices are subject to change at all time without notice.
ACCEPTANCE OF TERMS:
CLIENT may not assign or transfer this Agreement or any of the rights granted here under. This Agreement is binding upon, and inures to the benefit of, CLIENT and ARNAE PHOTOGRAPHY, 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.
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.
This Agreement will be deemed to be a contract made under the laws of Australia, and for all purposes will be interpreted in its entirety in accordance with these laws.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement constitutes the entire and only agreement between ARNAE PHOTOGRAPHY and CLIENT with respect to its subject matter and supersedes all previous agreements, understandings, and communications, whether oral or written, between the two parties with respect to the subject matter hereof.