FAMILY PHOTOSHOOT
QUESTIONNAIRE
 

 

FULL TERMS AND CONDITIONS​

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1. PHOTOGRAPHY SERVICES

1.1 The Client engages the Photographer to provide Photography Services and the Licence in consideration for the Client paying the Fees to the Photographer subject to and conditional upon the terms of this Agreement.

1.2 The Photographer will provide the Photographs by the Delivery Date and via the Delivery Method.

1.3 The Client must notify the Photographer in writing of any changes to session details.

1.4 If the Photographer agrees to reschedule performance of the Photography Services, the Photographer reserves the right to charge an administrative fee.

1.5 The Photographer shall be under no obligation to perform the Photography Services in a location where the Photographer determines, in its sole discretion, it is unsafe or undesirable to do so.

1.6 The Client acknowledges and agrees:

(a) It must notify the Photographer in writing of any requests for amendments, alterations, editing or additions to the Photographs or the Photography Services (‘Extras’);
(b) The Photographer may agree or refuse to provide Extras and may charge additional rates for customer-requested editing;
(c) Any Extras may incur an additional fee as determined by the Photographer in its sole discretion; and
(d) The Photographer will provide a quote for the additional fee and invoice the Client in accordance with this Agreement.

1.7 All risk passes to the Client upon delivery and the Client agrees, to make all reasonable endeavours to protect and back-up the Photographs.

1.8 The Photographer may engage any other Third Parties it deems necessary to assist to provide the Photography Services and/or Licence.

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2. PAYMENT

2.1 In consideration for the Photographer providing the Photography Services and the Licence, the Client shall pay the Fees to the Photographer as follows, unless advised otherwise in writing by the Photographer:
(a) Initial booking fee (Starter Pack) – by 5:00pm on the Deposit Due Date; and
(b) Balance of the Price, Travel Expenses and Additional Inclusions – by 5:00pm on the Balance Due Date.

2.2 The Client acknowledges and agrees that:
(a) A 50% refund of Fees (excluding the Starter Pack) will be available if the Client cancels in writing more than seven (7) days prior to the scheduled Photoshoot Date.
(b) No refunds will be provided for cancellations made within seven (7) days of the scheduled Photoshoot Date.
(c) The Starter Pack is non-refundable.

2.3 The Client agrees that should an amount be outstanding to the Photographer for more than 7 days from the date it is due, the outstanding amount shall become a debt due and owing to the Photographer and the Photographer shall be entitled to charge Default Interest.

2.4 The Photographer may provide special offers, discounts or gift certificates from time to time at its discretion. Such offers, discounts or gift certificates cannot be used in conjunction with any other offer, are not transferable and cannot be redeemed for cash.

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3. OBLIGATIONS

The Client agrees and acknowledges:

3.1 The Client shall comply with the Photographer’s reasonable directions.

3.2 The Client is responsible for the conduct of any Third Parties engaged by the Client.

3.2(a) The Client will be liable for and must pay the cost of any damages caused by the Client or any member of their party during the Photoshoot.

3.2(b) The Photographer reserves the right to immediately terminate any session where they feel unsafe, abused or treated aggressively, without refund.

3.3 When sharing the Photographs on social media or other platforms, the Client is encouraged to credit or tag the Photographer so others know who created the images.

3.4 They are familiar with the Photographer’s style of photography & is requesting the Photography Services with knowledge of the Photographer’s style.

3.5 The Client must not edit or change the images in any way, including:

(a) Adding filters to the Photographs; or(b) Cropping the Photographs; or
(c) Causing or allowing the images to be cropped or a filter added to any of the Photographs.

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4. INTELLECTUAL PROPERTY

4.1 The copyright and ownership of all Intellectual Property created by the Photographer remains at all times vested in the Photographer.
4.2 Subject to full payment of all monies due, the Photographer grants the Client a revocable, non-exclusive licence to use the Photographs for personal purposes (“Permitted Use”).
4.3 By default, the Client authorises the Photographer to use the Photographs in any form for portfolio, marketing, competition and promotional purposes.
4.4 If the Client wishes for their images to remain private, the Client must notify the Photographer in writing before or at the time of the photoshoot. In this case, the Photographer will mark the files as “private” and will not publish, display or use the Photographs online or in any marketing materials.
4.5 The Client may not alter, crop or apply filters to the Photographs.
4.6 This Clause shall survive the expiry or termination of this Agreement.

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5. TERMINATION

5.1 Either party may terminate this Agreement by 7 days written notice to the other Party.

5.2 The Client shall be in default immediately upon any of the following (‘Client Default’):

(a) The Client breaches this Agreement;

(b) Any money payable to the Photographer becomes overdue;

(c) In the Photographer’s reasonable opinion the Client will be unable to meet its payments as they fall due pursuant to this Agreement;

(d) The Client dies, loses capacity, becomes bankrupt or insolvent or executes a personal insolvency agreement; 

(e) The Client undertakes any illegal activity or acts in a manner the Photographer believes is unethical or illegal;

(f) The Client fails to provide the Photographer with adequate instructions in relation to the Photography Services; or

(g) The Client fails to comply with the Photographer’s reasonable directions or requests.

5.3 Immediately upon a Client Default and without prejudice to the Photographer’s other remedies:

(a) The Photographer shall be entitled to terminate the Agreement by written notice effective immediately;

(b) All amounts owing to the Photographer shall immediately become due and payable; and 

(c) Default Interest shall be payable on overdue moneys.

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6. DISPUTE RESOLUTION

6.1 A party claiming that a Dispute has arisen (the ‘Complainant’) must notify the other party to the Dispute (the; ‘Respondent’) of:

(a) The nature of the Dispute; 

(b) What outcome the Complainant wants; and
(c) What action Complainant thinks will settle the Dispute

6.2 Once a Dispute Notice has been given, the parties must use reasonable endeavours to resolve the Dispute.

6.3 If the parties concerned cannot agree how to resolve the Dispute within 10 Business Days of the Dispute Notice being given, each party may take its own advice on the best manner the Dispute is to be settled.

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7. DEFINITIONS

7.1 In this Agreement:

(a) Any terms listed in the Schedule holds the same meaning in this Agreement as set out in the Schedule;
(b) Agreement means this document, and the Schedule to this document;
(c) Business Day means any day of the week, Mon-Fri (exc public holidays)
(d) Default Interest means the sum of 2% per annum, calculated accruing daily on a pro rata basis from when the amount became due and owing;
(e) Fees means the Initial Deposit and the Price as well as any Additional Inclusions and Travel Expenses listed at the Schedule;
(f) Intellectual Property means:
(i) Any documents whether electronic or otherwise, including Photographs, creative works, letters, papers, content and electronic passwords or codes;
(ii) Social media posts, content for online publications;
(iii) Submissions for awards;
(iv) The entire Copyright in all works;
(v) All developments, discoveries, innovations, inventions, novel or technical designs, procedures, concepts and trade secrets; and
(vi) Any trade name, brand name, common law trademark or trademark within the meaning of the Trademarks Act 1995 (Cth).
(vii) Any right to apply for registration of any of the above.

(g) Photographs means the still images, video, or other visual or auditory media (as applicable) whether in electronic or physical form by created by the Photographer or Third Parties pursuant to this Agreement;
(h) Third Parties means any third party to this Agreement whether an employee, contractor or otherwise engaged by either of the Parties;

7.2 In this Agreement, unless the contrary intention appears:

(a) Terms defined in the A New Tax System (Goods and Services Tax) Act 1999 and the Competition and Consumer Act 2010 have the same meaning;
(b) The singular includes the plural and vice versa;

(c) A reference to a clause or schedule is a reference to this Agreement and a reference to this Agreement includes any schedules;

(d) A reference to a document or agreement, including this Agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;
(e) A reference to $ is a reference to Australian currency;
(f) A reference to any legislation or legislative provision any statutory modification or re-enactment of, or legislative provision substituted for & any subordinate legislation issued under, that legislation or legislative provision;

(g) A reference to an individual or person includes a corporation, Client, joint venture, association, authority, trust, state or government vice versa;

(h) A reference to any gender includes all genders;

(i) A reference to any Party to this Agreement or any other document or arrangements includes that Party's executors, administrators, substitutes, successors, agents, representatives, guarantors, employees, Related Bodies Corporate and permitted assigns;

(j) A reference to writing includes typewriting, printing, photocopying and any other method of representing words, figures or symbols in a permanent visible form; and

(k) Headings are for ease of reference only & don't affect interpretation.

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8. GENERAL

8.1 Severance: If anything in this Agreement is invalid, unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force to the extent available at law.

8.2 Amendment: No variation or modification of this Agreement shall be of any effect unless in writing and agreed to by both Parties.

8.3 Assignment: This Agreement is personal to the Parties and cannot be assigned.

8.4 Good Faith: Each Party agrees that it will do all things and execute all documents necessary or desirable to give full effect to this Agreement even though not specifically provided for.

8.5 Counterparts: This Agreement may be executed in any number of counterparts with the same effect as if each counterpart were on the same instrument.

8.6 Governing Law: This Agreement is governed by the laws of QLD & Parties irrevocably submit to the non-exclusive jurisdiction of QLD courts in respect of any action or proceeding concerning this Agreement.

8.7 Costs: Each Party is to be responsible to pay their own legal costs in relation to the preparation and entry into the Agreement.

8.8 Electronic: Both Parties acknowledge and agree that the original of this Agreement may be in electronic and/or email form and agree to accept the electronic and/or email copy as the original and binding Agreement. Although this Agreement is not conditional upon the subsequent execution of an original and duplicate by the Parties, either Party may request the other Party to execute an original and duplicate of this Agreement in which case the Parties agree to do so;

8.9 Confidentiality: The information in and terms of this Agreement are confidential to the Parties and shall not be disclosed to any third Party other than legal advisors to the Parties. Neither Party shall do any act or say anything that shall bring the reputation of the other into disrepute.

8.10 Notices: A Party giving notice under this Agreement must do so in writing to the postal or email of the opposite Party specified herein.

8.11 Marketing: By entering this Agreement, the Client agrees to receiving email marketing in relation to the Photographer. The Client may unsubscribe at any time by way of written notice to Photographer.

8.12 Australian Consumer Law: Nothing in this Agreement is intended to contradict Australian Consumer Law where applicable.

 

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