The fine print.

Acknowledgement

I/We agree to the Kinship Photography Terms and Conditions

Yes

Your name

First Name

Last Name

Date

YYYY

Terms and Conditions

Please carefully read these terms and conditions for service (‘Terms’). These Terms apply to the provision of photography services (‘Services’) from Kinship Photography ABN 84 585 526 436 (the ‘Photographer’) to you. Your acceptance of the photography services are subject to you agreeing to these Terms.

1. You have engaged the Photographer to provide the Services at the location(s) and on the date(s) agreed between you and the Photographer.

2. The Photographer will perform the Services with due care and in a professional and competent manner in accordance with these Terms.

3. In consideration for the provision of the Services you agree to pay the Photographer the agreed rates, as notified to you in writing by the Photographer (‘Service Fee’). You agree to pay the Service Fee in accordance with the payment Terms outlined on the Photographer’s invoice.

4. In order to secure a date for the Services (‘Service Date’), a deposit (Deposit) of 10% of the Service Fee is required, unless otherwise agreed. Your booking may be transferred to another date (subject to availability) at no additional cost if the Photographer is notified in writing at any time up to 4 weeks prior to the Event Date. The Deposit is refundable in full up to 8 weeks before the Service Date. Thereafter, the Deposit will only be refunded by agreement with the Photographer, or in accordance with these Terms.

5. The Service Fee (less the Deposit already paid) must be paid 14 days before the Service Date, unless otherwise agreed with the Photographer. If payment is not received by the due date for payment, the Photographer may cancel the Services and retain the Deposit.

6. If you cancel the Services within 14 days (but no less than 7 days) of the Service Date for any reason, you will be entitled to a refund of 50% of the Service Fee. An amount equal to 50% of the Service Fee will become immediately due and payable if previously unpaid.

7. If you cancel the Services within 7 days of the Service Date for any reason you will not be entitled to a refund of the Service Fee or the Deposit (collectively, the ‘Fees’), and the Service Fee will become immediately due and payable if previously unpaid.

8. In consideration for payment of the Fees, the Photographer will provide the following Services:

a. Photography on the Service Date;

b. Post-processing and editing; and

c. Any other associated tasks agreed between you and the Photographer.

9. The Photographer will not be responsible for non-existent or inadequate photography due to factors outside the reasonable control of the Photographer, including but not limited to:

a.implications arising out of the covid-19 pandemic;

b. venue or event rules that were not communicated to the Photographer ahead of time;

c. unpredictable or bad weather;

d. bad venue lighting; or

e. interference or non-cooperation by yourself, guests, suppliers and other third parties.

10. The Photographer will deliver the final photographs (‘Deliverables’) to you in the format and quantity as agreed between the Photographer and you, or as otherwise advised by the Photographer in the Photographer’s reasonable discretion. The Photographer will provide the Deliverables to you via a Dropbox link or other cloud service (or via such other delivery method as agreed with you), subject to receipt of your payment in full of the Fees.

11. You acknowledge that:

a. the Photographer’s work and style is unique to the Photographer and is constantly evolving;

b. the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the Photographer. In such an event, no refunds will be granted.

c. the Photographer will use their discretion, expertise and own artistic vision when performing the Services and creating the Deliverables, but will take into account any reasonable requests made by you;

d. the Photographer will use their discretion when collating and editing the photographs, and is not required to provide RAW/original files as part of the Deliverables (unless otherwise agreed);

e. any additional requests by you regarding the Services that are outside of the initial agreed scope, including any further editing or retouching of photographs once the Deliverables have been provided to you, may incur additional fees, which will be advised to you;

f. the Photographer may, but is under no obligation to, retain and store your photographs after delivery of the Deliverables; and

g. once you have been provided the Deliverables, it is your responsibility to store them safely and securely.

12. If the Photographer is unable to attend the event or complete the Services due to unforeseen circumstances, including but not limited to illness (including, but not limited to, infection with covid-19 and/or quarantine periods), accident, natural disaster or transport issues, the Photographer will use their best endeavours to find a suitable replacement for your event. If a suitable replacement cannot be found, or if you do not agree to the replacement, you will not be liable to pay any Fees for any Services that were not completed, and you will receive a full refund of any pre-paid Fees.

13. If the Photographer is unable to deliver the Deliverables to you due to lost, corrupted or damaged hardware or software, you will be entitled to a full refund of all Fees paid or a complimentary photography session for an equivalent duration as the initial event/shoot, if requested.

14. You are responsible for the behaviour and conduct of yourself and any of your guests. The Photographer will not tolerate misconduct or verbally or physically abusive behaviour and is entitled to leave the photoshoot or event early if such conduct occurs and you will not be entitled to a refund of any Fees.

15. You acknowledge and agree that copyright and all other intellectual property rights in the photographs and Deliverables are owned by the Photographer and will remain vested in the Photographer at all times, and that the Photographer may use and publish the Deliverables for promotional or other purposes (e.g. on social media). Subject to clause 16 below, nothing in these Terms will result in a transfer of any ownership or intellectual property rights in the Deliverables.

16. Upon full and final payment of the Fees, the Photographer grants to you an irrevocable, non-exclusive, royalty free licence to retain, use, print, publish and disclose the Deliverables. You agree that you will not alter or edit the Deliverables without the prior written consent of the Photographer.

17. To the extent permitted by law, the total liability of the Photographer will not exceed the Fees paid by you for the Services. The Photographer will in no way be liable to you or any other person for any indirect or consequential loss or damage.

18. The law of Victoria from time to time governs these Terms and you agree to the jurisdiction of the courts of Victoria.

19. An amendment or change to these Terms must be agreed in writing between by you and the Photographer.

20. Upon accepting these Terms and booking the Services, you agree to be bound by these Terms,

21. In the event that you do not complete the provided acknowledgement section (left) and you proceed with accepting the Services on the Service Date, you agree to be bound by these Terms.

22. These Terms constitute the entire agreement between you and the Photographer concerning the Services.

23. If any provision of these Terms is held to be invalid or unenforceable under the law, the validity of these Terms as a whole shall not be affected, and the other provisions of these Terms shall remain in full force and effect.