The person(s) whose name appears on this contract, known as “Client”, agree that LITTLE BLACK BIRDY, known as “Photographer”, shall provide services to photograph their wedding day to the best of the photographer’s abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties and any modifications must be in writing, signed by both parties and physically attached to the original agreement.
A completed online agreement and initial non-refundable 25% deposit of the total package selected are required to secure the specified coverage and event date.
3. WEDDING DAY QUESTIONNAIRE
The Photographer recommends that The Client complete the online “Wedding Day Questionnaire” no later than 14 days prior to the wedding. The “Wedding Day Questionnaire” should point out important individuals The Client wishes to have informal or candid photographs with during the wedding. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to The Photographer. Shooting commences at the scheduled start time and the Photographer will have no further obligation to make up for scheduled time missed.
4. FINAL CONSULTATION
The parties agree to a final consultation via phone no later than 7 days before the event date in order to finalise the actual shooting times, locations, and CLIENT’S “Wedding Day Questionnaire” completed online which should also detail specific photographs required. The bride and/or groom agree to set aside at least 30 minutes of time after the ceremony for family formals and 60 minutes of time after the ceremony for bride, groom and bridal party location photographs. It will be at the bride and/or grooms discretion if they would like to allow time for guests to congratulate them after the ceremony. The Photographer takes no responsibility for photographs not taken as a result of The Client not adhering to the agreed schedule outlined in the “Wedding Day Schedule” or time delays.
5. COOPERATION & ASSISTANCE
The parties agree to cheerful and cooperative communication for the best possible result within the definition of this assignment. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-wedding consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of The Client’s failure to provide reasonable assistance or cooperation.
6. HOUSE RULES
The photographer is limited by the guidelines of the ceremony official or reception site management. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT’s responsibility; The Photographer will offer technical recommendations only.
The Client is responsible for acquiring and payment of all permits and necessary permission for all locations on which the Photographer will be performing services.
8. CANCELLATION POLICY
If for any reason Client cancels this contract before the wedding date, Photographer will keep all payments paid. Cancellation must be made in writing, signed by the contracted party, and sent via Registered Mail by Australia Post or online form. If Client fails to supply written cancellation within 120 days of the wedding date, Client shall be required to pay the full balance due.
9. FINER DETAILS
Parties being photographed must be dressed, made up and prepared at the designated start time. Sessions will begin and end promptly as scheduled. The Photographer captures the “essence” of your event; the finer details (combed hair, clean faces, clean fingernails, chipped nail polish, temporary tattoos, jewellery etc.) are the persons’ own responsibility. Removing these items before the session will be much simpler and more cost effective for The Client.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of Client. In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to the guest of The Client; second offence: the offending person will be required to leave the wedding or event; third offence: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
11. TERMINATION OF SESSION
The Photographer reserves the right to terminate any session due to any failure of The Client to adhere to the requirements set forth in this Agreement or if the model(s) being photographed are unwilling to be photographed or if anyone in the session is behaving in a manner that the photographer deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, The Photographer is under no obligation to reschedule. Under no circumstances will any monies paid be refunded.
If the Photographer cannot perform this Contract due to fire or other casualty, transportation issues, strike, government declared state of emergency, act of God or other cause beyond the control of the parties or due to Photographer’s injury, illness or emergency, The Client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage and shall have no further legal or financial liability against photographer with respect to the Contract.
Where The Photographer cannot perform on the contract wedding date or event date due to injury, illness or emergency, an attempt will be made to source a replacement photographer for the contract wedding or event date only if a suitable replacement can be found.
If a replacement photographer can be sourced for contract wedding or event date, the cost of contracting the replacement photographer will be covered by The Photographer. Any duties with relation to editing, correspondence or delivery there after contract wedding or event date will continue to be handled by The Photographer where applicable.
Where the wedding or event has been postponed due to any of the above events, it is at The Photographers discretion to reschedule the wedding or event date to one suitable for both parties. If the Client and Photographer can not agree on a date to reschedule the cancellation policy with apply.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid. Upon receipt of a USB Flash Drive, Print, Canvas or Album, The Client accepts all responsibility for archiving and protecting the photographs/products. Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. It is Client’s responsibility to make sure that digital files are copied to new media as required. Clients understand that while the photographer will do everything possible to maintain The Client’s safety while working with The Client, The Client is ultimately responsible for theirs and their family’s safety. The photographer may not be held liable for any misfortune or injury that can occur while working. Photographer does not permanently archive image files. All Digital Image Files from your online gallery are retained for 60 days after your session takes place after which time all unordered Digital Image Files will be destroyed. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read any digital media provided. The Photographer shall have the right to use all negatives, proofs, photos, prints and all image files and likenesses thereon in connection with its display and marketing efforts and you grant to The Photographer a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.
13. EQUIPMENT LIABILITY
You agree to be responsible for any damage occurring to any of The Photographer’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any weather condition or occurrence at an on-location session which results in damage.
Photographer is an artist and as such requests that the work she creates be allowed into art exhibits, displayed in her studio, print competitions and other places that her work is featured regularly. The work is always showcased in the best possible way and will never compromise or jeopardise the photographer’s hard earned reputation. Confidentiality in advertising is always maintained. I agree that I have read this portrait agreement and agree to comply with all policies and information included. I also agree that the photographer may use any images created during my commissioned session for display, advertisements, exhibits, sale or trade or other use as deemed appropriate by the Photographer. I agree these images can be used without any additional compensation to me.
15. ARTISTIC LICENCE
While The Photographer strives to provide its clients with the utmost in photography services, The Photographer is, first and foremost, an art studio with an established style and reputation. While The Photographer regularly works with its clients to deliver photographs which will meet their individualised needs, The Photographer reserves the right to exercise full artistic control over the nature, number and types of pictures it shoots.
16. POST PRODUCTION
The final post production, editing styles, effects, and overall look of the images are left to the discretion of the photographer. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
The photographs and digital files produced by The Photographer are for personal purposes only and are protected by Australian Copyright Law (all rights reserved). They may not be reproduced for commercial purposes without LITTLE BLACK BIRDY’S explicit written permission. The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs. Violations include, but are not limited to, making illegal copies, scanning, printing from home, printing from consumer labs or downloading from our website for commercial purposes. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this Federal Law will be subject to its civil and criminal penalties. The Client must obtain written permission from, and compensate The Photographer prior to an event where The Client, The Client’s friends or relatives publish or sell the photographs for profit. No photographs taken from the event are to be provided to the reception venue or any other event suppliers involved without prior written permission from The Photographer. Please understand, The Photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and scar our reputation for providing superior portraits.
18. SOCIAL MEDIA
Only images in their original given form may be used on personal websites (eg. Facebook, Twitter, Instagram etc). Images must not to be cropped, altered or reproduced with filters without photographers permission. Copyright notice of acknowledgement must appear near the images stating “Photographed by Little Black Birdy Photography – http://www.littleblackbirdy.com”
19. ALBUM REVISIONS
If you have opted to include a LUXURY ALBUM as part of your wedding package, you will be provided with an online album via pixieset.com where you will have 2 weeks from online gallery delivery to select your favourite photographs that you would like included in your album. Please note to reopen an expired online album a $150 admin fee applies. Once your selection has been received please allow 2-3 weeks to receive your digital mock up online. You will have one album revision for this mock up. All additional album revisions are charged at $250. Once your mock up approval has been received please allow 6-8 weeks for production time as these products are hand made. A standard album includes 20 pages (10 spreads) with a Linen cover. Additional spreads and cover materials are also available for an additional fee.
20. DIGITAL FILES
Clients who purchase Digital Files will receive them through an online gallery via PIXIESET.COM where Digital Files can then be downloaded in High Resolution JPEG (3600px on the longest edge). Client Galleries will be available 8 weeks from event date and will expire after 30 days. High Resolution Digital Files will be archived for 60 days from your online gallery being delivered. It is therefore recommended that Clients download their online gallery as soon as possible and make 2 backups to prevent data loss. To have an online gallery unarchived a $250 admin fee is applicable.
21. ORDER PAYMENTS
All print/product orders must be placed online and must be paid in full upon ordering. Please be aware that once an order has been sent to the lab the order is deemed non-refundable.
After your online gallery is delivered, ALL ORDERED IMAGES WILL BE ARCHIVED FOR 30 DAYS. Unarchiving these images will incur a minimum order of $300.00. ALL UNORDERED IMAGES WILL BE PURGED AFTER 60 DAYS.
23. REFUNDS and RETURNS
Almost all Clients invest in digital files. If no further retouching is required and provided you have paid in full, you will receive your online gallery 8 weeks from your event date. Due to the downloadable nature of this content, once download links are received, the sale is final and non-refundable.
If for any reason Client cancels this contract before the wedding date, Photographer will keep all payments paid. Cancellation must be made in writing, signed by the contracted party, and sent via Registered Mail by Australia Post or online form. If Client fails to supply written cancellation within 120 days of the wedding date, Client shall be required to pay the full balance due. A refund will not be made.
25% of the total package is required as part of a nonrefundable deposit due at the time of completing this online agreement. The remaining 75% is required in 25% payments at 6 months, 3 months and the final 25% balance payable in full, 30 days prior to the wedding date.
25. ADDITIONAL COVERAGE
The Client will select their initial package at the time of booking. The Client will have the option to request Additional coverage if required for their wedding date. Additional coverage is charged at $250 per hour (including GST) and approved at the discretion of The Photographer based on availability at the time of The Client request.
Additional coverage must be finalised and paid for in full 30 days prior to the wedding date. Additional coverage that results in the coverage time ending at or after 9:00PM may result in an additional accomodation charge of $250 per night.
26. ACCOMMODATION CHARGE
After the initial consultation, The Client will receive an email with a quote that will include the initial price for coverage, travel and accomodation. Coverage time ending at or after 9:00PM may result in an additional accomodation charge of $250 per night (including GST).
27. ORDER COLLECTION
Completed print orders will be collected by appointment only. You will be notified when your prints/products are ready and you will be provided with alternative times to pick up your photographs unless delivery has been purchased. While we anticipate that print/product orders will be filled in approximately 4-6 weeks, some products such as albums and framing can take longer. The Photographer makes no guarantees in regards to delivery times. In some cases rush orders can be placed for an additional charge of $250.