Terms and conditions - Little Memories Photography

WHETHER YOU DO OR DON'T SIGN THE AGREEMENT IT IS YOUR RESPONSIBILITY AND YOU MUST OBIDE BY THE TERMS AND CONDITIONS STATED BELOW

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 in the event that 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

7. CANCELLATION BY CLIENT

7.1 If the Client cancels the Agreement prior to the appointment date as stated below within 7 days of the appointment date, the Photographer reserves the right to charge the Cancellation Fee set 50% of the fee paid. In the event that 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 cant control they are only entitled to a 50% refund (these could be but not limited to weather, and sickness, a birth or injury)

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;

(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

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 sub-license all or any of its rights in this Agreement without the prior written consent of the Photographer.

9.3 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.

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 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 favorites.

Facebook and Instagram have systems that pick up on the image filters and will potentially/temporarily suspend your account. Our system copyright 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."

SCHEDULED/UN-SCHEDULED C-SECTION PROCEDURE

I will provide coverage 1 1/2 hours prior to the procedure, during (if permission is granted by hospital/doctor), and 1-2 hours post-delivery. Images will be provided in a documentary fashion, documenting your experience as much as possible, as well as documenting your baby's first moments.

If the doctors don't grant us permission to enter the operating room no refunds will be offered

AGREEMENT OVERVIEW:

This agreement contains the entire understanding between Little Memories Photography and the below listed client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed the waiver in writing

COOPERATION:

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Little Memories Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Little Memories Photography. I'm not responsible for anyone’s expressions, hospital staff preventing photography, partners or family deciding not to participate ect

MEDICAL EMERGENCY

Baby and mum's medical needs take precedence, In the event of an emergency (unless stated otherwise we will stop photographing and assist/support if needed)

If mum or bub end up in surgery & or NICU where a photographer can't attend

ARCHIVE OF IMAGES:

Images will be accessible for viewing and download in online gallery for six (6) months. After six (6) months, all images will be cleared, except as needed for promotional purposes, to be determined by photographer at photographer's sole discretion. Photographer is not responsible for loss or damage to the digital files caused by client due to circumstances beyond photographer's control.

COPYRIGHT AND PENALTY:

Little Memories Photography retains all copyrights to all images created during clients session. A print release is included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer's written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Little Memories Photography during client's photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer's current price per digital file. Digital images and prints purchased from photographers can only be used for personal

LIMIT OF LIABILITY:

In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the agreed upon session, responsibility and liability is limited to the transfer of deposits made to the session types of Fresh 48 AND Newborn Session rather than birth. Due to the nature and timing of birth being unpredictable, Little Memories Photography cannot be held accountable or liable for a missed birth. Little Memories Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Little Memories Photography's control LittleMemories Photography's liability is limited to the return of all payments received for the portrait package.

*If I cannot provide coverage as a result of client's actions or due to circumstances beyond anyone's control, all fees paid will be applied toward a Fresh 48 and Newborn Session.

Examples of this include, but are not limited to: failure provide adequate notice of mother's labor; an unexpected transport for a c-section; a dramatic change in the birth plan. In instances like this, beyond our control, no refunds will be given.*

RETAINER & PAYMENT SCHEDULE:

Half of the collection total is due at time of signing this agreement and receiving the invoice. This is a NON-REFUNDABLE retainer fee that goes toward your sessions. The remainder is due in full by 30 weeks gestation. In the event of cancellation by the client, the retainer paid is non-refundable. It shall be liquidated for damages to Little Memories Photography.

In the event of a cancellation, or breach of contract by the CLIENT. The retainer shall be applied towards the total cost of the service to be rendered. If you decide to cancel my services for any reason, please let us know at least 30 days before your due date. Your initial deposit is non-refundable in this case, but any other fees paid up to this point will be fully refunded. If the client cancels due to a change of mind, they are no longer entitled to a refund.

If you go into labour on a day that we do have a wedding event, we will refund 50% and the remaining can be used towards a newborn session.

Thank you for inviting me to photograph your upcoming birth experience! Since births are a bit different than a standard session, to ensure I can give you the best experience possible while allowing your support team to focus on you and the baby during labor! Births are unpredictable, so I will shoot your birth as it plays out in a story/photojournalistic style. Please read and then provide your signature below.

By completing this contract, you are confirming that your place of delivery will allow birth photography. You agree to inform Little Memories Photography of any guidelines or in loss of deposit. Little Memories Photography is hereby not responsible for any situation in which this contract is not fulfilled due to unknown hospital or birth center policies.

Please also know that we will be limited by the guidelines (if there are any) of the facility and/or the delivering doctor/midwife, some of which arise during delivery. Negotiation for moderation of the guidelines is your responsibility. If you are planning a birth at home or in a birthing center, please check with your midwife AND your backup hospital in case of a transfer. We try to be unobtrusive and document the birth as best as we can with the available lighting. Low-light situations cause images to be dark perhaps with a bit of film grain or motion blur, this is normal which is why we like to use flash. Most images will be delivered in color, though any images delivered, color or black and white, will be at the artistic discretion of the photographer.

By confirming and signing this contract below, I hear by agree to and understand all of the terms of this contract with Little Memories Photography.

1. ENGAGEMENT AND SERVICES

1.1 The Agreement is between the Vendor and the Client. The Client wishes

to engage the Vendor and the Vendor accepts the engagement to

hereby:

(a) provide the Services to the Client;

(b) produce the Photographs & Photo booth services ;

2. PAYMENT AND FEES

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

Vendor.

2.2 The Client agrees to pay the 50% retainer upon booking within 24 hours of booking made.

2.3 The client is to ensure full payment is made prior to the commencement date of the booking (1 month prior to the event).

2.4 Travel fees (if applicable) are to be made to the Vendor by the client. Travel fees are determined by the distance traveled to and from the location

2.5 If the Client has not paid the retainer within 24 hours of the booking being made the Vendor retains the right to cancel the booking and offer the date to other clients

3. RIGHTS GRANTED

3.1. The Vendor has the right to promote and market the Photographs taken, including but not limited to displaying the Photographs in the portfolio, on the Little Memories Photography website, and in galleries, social media, or in photography competitions.

4. INTELLECTUAL PROPERTY

4.1. The Vendor is the owner of the intellectual property created by the Vendor 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 Vendor 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 Vendor is not responsible for storing or archiving the Photographs.

5. VENDORS INTERPRETATION

5.1. The Parties agree and acknowledge that the details of the Services, Vendors 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 in the event that the Client or the Client’s representative is not present on the Event Date(s) at the location, then the Vendor’s interpretation of the Services shall prevail.

6. WARRANTY AND INDEMNITY

5.1. The Client warrants to the Vendor 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

7. CANCELLATION BY CLIENT

7.1 If the Client cancels the Agreement prior to the appointment date, the vendor reserves the right to keep the Cancellation Fee set 50% of the fee paid (retainer amount). In the event that 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 (unless discussed prior).

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

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;

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

8.2. Immediately upon termination:

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

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

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.

10. DAMAGES

10.1. The Vendor retains the right to hold card details on file in case of damages made

10.2 The client is required to pay for damages made during the course of their event by the client of their guests

10.3 If damages occur the Vendor is able to withdraw the funds from the card on file after notification via email has been sent to the client.

10.4 This must be done over the phone via a secured system (contact number 0434124839)

11. PHOTO BOOTH RULES

It’s important to know that when you book us the booth is treated with respect and kindness. So that it stays clean & tidy for all of your guests to use and eliminate any damages for future events (so please have your celebrant and mc inform guests

No smoking inside the photo booth area
No drinking inside the photo booth area
Keep it tidy
Children are to be accompanied at ALL times
Have fun

12. SET UP / PACK DOWN (EXIT)

12.1. The Client understands that some venues will only allow us to set up and pack down when guests are safely indoors or within a safe distance from the photo booth

12.2 If we are required to stay longer than required additional fees may apply.

13. CARD ON FILE. The client agrees that the Card shall be stored on file for liability and damages incurred by the client and any parties associated with the Customer. This card will only be charged if damages occur and once spoken to via email first. Storing card details will need to be done over the phone by contacting the photographer on 0434124839. Card details must be in the name of the client who signs this contract will be stored via a secured link via the Square appointments invoicing system.

14. VENDOR MEALS

14.1 The Client understands that a vendor meal must be supplied to the vendor if working during the dinner period or if the time period at the venue is over 4 hours

Vegetarian meal requirements*

By confirming and signing this contract below, the client agree to and understand all of the terms of this contract with Little Memories Photography

AGREEMENT OVERVIEW:

RETAINER & PAYMENT SCHEDULE:

("retainer"), so as to fairly compensate the Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. 50% of the collection total is due at time of signing this agreement and receiving the invoice. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full 1 month prior to the event

This is a NON-REFUNDABLE retainer fee that goes toward your wedding. The remainder of the balance is due in full 1 month prior to the wedding. In the event of cancellation by the client due to situations out of their control, the retainer paid is non-refundable but any other fees paid up to this point will be fully refunded. It shall be liquidated for damages to Little Memories Photography. Cancellations due to changes of mind are non-refundable and you won't be entitled to a full refund.

SCHEDULE:

In the event that the Client needs to move their original wedding date the Photographer is able to rebook the original date out to future or past clients. The Client will receive credit for all monies already paid whcih will be put toward their new date. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the wedding and Photographer is not able to rebook the original session date, the Client forfeits the retainer but will receive all other monies paid.

INDEMNITY AND LIMITATION OF LIABILITY:

If the Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent photographer, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement.

Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a "Force Majeure Event"), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination of the Agreement.

Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer's maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

TRAVEL FEES/EXPENSES:

Travel within 20km of (Narangba) is completely free of charge. Travel fees will be charged for locations outside of 20km of (Narangba) .The client will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance. The Client will be responsible for any other expenses incurred by the Photographer (such as parking fees) that are necessary for the performance of the Services

IMAGE ARCHIVE:

Images will be accessible for viewing and download in an online gallery for six (6) Client is responsible for downloading their images in a timely manner. After six (6) months, we can't guarantee they will be available, except as needed for promotional purposes, to be determined by the photographer at the photographer's sole discretion. The photographer is not responsible for loss or damage to the digital files caused by the client due to circumstances beyond the photographer's control.

CLIENT RESPONSIBILITIES:

Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to the performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees of the Wedding.

Vendor Meals. When the number of hours that the Photographer will be providing the Services is expected to be more than [4 hours] in duration, the Client will provide a meal for the Photographer and Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services), or be responsible for reasonable meal expenses incurred for which Photographer shall provide an invoice.

Vegetarian meal requirements*

Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

PHOTOGRAPHER RESPONSIBILITIES:

Equipment. Client will not be required to supply any photography equipment to Photographer.

Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client's activities.

Photography Staff. Photographer will, and willensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services): comply with the reasonable directions of Client from time to time regarding the safety of attendees at the Wedding and applicable health, safety and security requirements of any locations where the Services are provided;

ARTISTIC AND IMAGE RELEASE

Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer's current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable

suggestions.

Style. Client acknowledges and agrees that:

The client has reviewed the Photographer's previous work and portfolio and has a reasonable expectation that the Photographer will perform the Services in a similar style
The photographer will use their artistic judgement when providing the Services, and shall have the final say regarding the aesthetic judgement and artistic quality of the Services; and
Disagreement with the Photographer's aesthetic judgement or artistic ability is not a valid reason for the termination of this Agreement or request of any monies returned

Image release All images from the event will be sorted, edited and released.

12-14 Sneak peeks 24-48hours

Editing time frame 8-10 weeks

VENDOR SAFETY:

Harassment is defined as experiencing any inappropriate threatening, assault, hostile, or offensive behaviour from any guests or other person at the wedding. If I experience harassment in any matter I will notify the planner or bride and groom requesting the guest leave.

All assaults, whether physical or verbal will be taken very seriously. If any of the team feels unsafe or treated inappropriately may result in the team leaving the event.

GENERAL

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Photographer’s Email:
Client’s Email:

Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.

Governing Law. This Agreement will be governed by the laws of LITTLE MEMORIES PHOTOGRAPHY

Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

COPYRIGHT:

Little Memories Photography retains all copyrights to all images created during clients' booing. A print release is included with digital files to print portraits for personal use up to the designated size listed on the print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer's written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Little Memories Photography during the client's photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If the client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer's current price per digital file. Digital images and prints purchased from photographers can only be used for personal

By completing this contract you agree to inform Little Memories Photography of any guidelines or loss of retainer. Little Memories Photography is hereby not responsible for any situation in which this contract is not fulfilled due to unknown venue policies. Negotiation for moderation of the guidelines is your responsibility.

TERMS AND AGREEMENT

WHETHER YOU DO OR DON'T SIGN THE AGREEMENT IT IS YOUR RESPONSIBILITY AND YOU MUST OBIDE BY THE TERMS AND CONDITIONS STATED BELOW

STANDARD SESSIONS

BIRTH SESSION

PHOTOBOOTH

WEDDINGS

Instagram