AGREEMENT TERMS AND CONDITIONS
This Agreement (“Agreement”) is entered into by Steve Doyle Photography (“Photographer”) and the person/s engaging the services of the Photographer (“Client”). The Agreement shall not be in effect (and the wedding date shall not be booked in) until this document and the booking questionnaire have both been signed by the Client and the Client has paid the initial payment ("Retainer").
1.1 “Assignment” refers to the wedding day and any related services, which the Client is specifically commissioning the Photographer to perform, and “Work” means all photographic images, digital files, prints, albums or other materials created by the Photographer in relation to the Assignment.
1.2 “Cancellation” means the Assignment is cancelled by the Client and not re-scheduled and “Postponement” is the rescheduling of the Assignment by the Client.
2. LIMITS OF LIABILITY
The Photographer takes the utmost care with respect to the exposure, development, editing and delivery of all photographs. However, in the event that the Photographer fails to comply with the terms of this Agreement due to any event or act which prevents the delivery of the Work from the Assignment, the Photographer’s liability to the Client shall be limited solely to a refund of all moneys paid by the Client to the Photographer, and the Client’s sole remedy shall be receiving a refund of all moneys paid by the Client to the Photographer.
3. SPECIFIC IMAGES AND PROVISION OF IMAGES
The Photographer and Client agree that that the Photographer cannot be held responsible for any specific image that may not be delivered. The Client acknowledges that the Photographer uses a natural, photo-journalistic approach, with few pre-arranged or posed shots, and may be limited by delays, timeframes, guests or vendors, obstructed views or venue rules in places like churches. Any failure by the Photographer to deliver any specific image shall not be a breach of this Agreement, shall not result in a refund of any money paid by the Client to the Photographer, and the Photographer shall not provide any other remedy to the Client. In providing the Work to the Client, the Photographer will select and supply edited images, but will not supply un-edited images or 'RAW' files. The decisions made by the Photographer in relation to which images are provided as the Work are final. The Client is not permitted to edit or modify the images supplied as the Work (or permit anyone else to do so) in any way at any time.
Plain English Explanation of Clause 3:
I carefully select and edit each photo provided to you, and only give you the best images from your day. Part of my role as your photographer is to decide which images are provided, and my decision is final. Your photos will be supplied to you in both web-ready and high-resolution JPEG formats, without watermarks. My style is natural and candid, photographing moments as they happen, so the images provided will be of a documentary style with minimal posing (apart from your formal bridal portraits). I generally don't engineer a particular pose or moment, or ask your guests to pose for photos - rather, I capture the actual events of the day, including your guests laughing, smiling, hugging and kissing and interacting naturally with each other and you. This approach means I cannot guarantee that a particular moment, or every single guest, will be represented in an image, however I will always endeavour to do so. My editing style is a critical part of my work as a photographer, and, as such, please be aware that you are not permitted to alter an image in any way (including by adding an Instagram filter, changing a colour scheme or adjusting the cropping).
4. PAYMENT SCHEDULE
The Client must pay both the Retainer and final amount owed ("Remainder") described in their invoice in full before the Photographer has any obligation to perform the Assignment. The Client’s failure to make these payments within the timelines outlined shall be deemed a material breach of this Agreement, shall result in damage to the Photographer and shall relieve the Photographer from performing any services under this Agreement.
The Retainer described in the invoice provided to the Client reserves the Photographer’s services for the Assignment on the date and time listed, is due within seven days of the Client being issued with this Agreement and is non-refundable in all circumstances.
The Remainder described in the invoice provided to the Client is due at least one calendar month prior to the date of the Assignment. This may be paid in one lump sum, or in instalments, with the full amount still being due at least one calendar month before the date of the Assignment.
4.3. ADDITIONAL FEES
Any additional fees which must be incurred by the Photographer and/or crew in carrying out the Assignment (e.g. parking or ferry fees) are the responsibility of the Client. The Photographer must be reimbursed for these prior to releasing the Work to the Client. The Photographer will notify the Client of the anticipated amount in advance and will endeavour to choose the most suitable economic option. Photographer travel for one or two hours each way (as outlined in the invoice), to and from the first and last venues, is included in standard package pricing.
5. POSTPONEMENT AND CANCELLATION
The Client acknowledges that in the event that there is a Postponement of the wedding, the Photographer will be harmed, and that the Client will notify the Photographer of any Postponement in writing as soon as possible, in order to minimise the Photographer’s damages. The Photographer does not guarantee that they will be available to perform the Assignment on the new date once there has been a Postponement. In the event that there is a Postponement of the wedding and the Photographer is unable to perform the Assignment on the new date, the retainer and any portion of the remainder already paid by the Client is non-refundable, but may be transferred as credit with the Photographer towards other Assignments performed by them.
The Client acknowledges that in the event that there is a Cancellation of the wedding, the Photographer will be harmed, and that the Client will notify the Photographer in writing of any Cancellation as soon as possible, in order to minimise the Photographer’s damages. In the event that there is a Cancellation of the wedding, the retainer and any portion of the remainder already paid by the Client is non-refundable, but may be transferred as credit with the Photographer towards other Assignments performed by them.
6. CLIENT COOPERATION AND UNDELIVERED WORK
The Photographer cannot perform the Assignment without the cooperation of the Client, which includes matters like the Client completing the questionnaires provided by the Photographer, and providing details of the timing and locations for the day of the wedding in a timely manner when requested. In the event that the Photographer is unable to deliver a portion of the Work, or other goods, required due to a failure of the Client to cooperate or to provide necessary approvals or information regarding the Work, or other goods, to the Photographer, then the Photographer shall not be obligated to deliver that portion of the Work or other goods to the Client, and will not refund any moneys paid relating to the non-delivery of that Work.
7. SOLE PHOTOGRAPHER
The Photographer (and his crew if applicable) shall be the sole professional photographer/s at the event. If the Client has engaged a videographer, the Photographer will liaise with them to ensure both parties can complete their Work in conjunction with each other, but is not responsible for any limitations the videographer creates due to their placement and position. The Client acknowledges that the presence of other photographers, including guests, vendors or any individuals taking photos or acting in a manner of a professional photographer, will adversely impact the ability of the Photographer to create the Work and, as a result the Work may fail to meet the standards represented by the Photographer in its portfolio and examples of other Work, or may be incomplete. The Photographer reserves the right to politely ask other photographers (including guests and vendors using mobile phones or small cameras) to cease taking images if they are impairing the ability of the Photographer to carry out the Assignment - particularly if they are obstructing the view of the Photographer or are distracting the Client.
Note regarding Clause 7:
During your ceremony, I cannot ask anyone to move or stop taking photos if they are obstructing my view, due to the quiet and important nature of the proceedings. If you are concerned that your guests may find it difficult to 'be in the moment', I would recommend considering an unplugged ceremony.
The Work created by the Photographer during the Assignment remains at all times the copyrighted property of the Photographer and is for the Client’s personal use only. Client may not edit, sell, nor authorise the editing or sale of, any portion of the Work without the Photographer’s written consent. The Client is permitted to share electronically and print the Work so long as the Work is not altered or amended in any way (as per Clause 3 of this document). All Work shared by the Client on any form of social media platform must clearly acknowledge and credit the Photographer in that post, either by linking to their website or by tagging the Photographer’s business social media account.
9. MODEL RELEASE
The Client permits the Photographer to use images taken as part of the Work for display, publication, or other promotional use, without payment of compensation to the Client or Client’s agents. The Client’s guests and vendors present at the wedding shall be deemed to have also consented to the use of their image or likeness by the Client and Photographer, and the Client shall defend and indemnify the Photographer from and against any claims that any of the Client’s guests or vendors may assert against the Photographer arising from, or related to, the use of any image or likeness of Client’s guests or vendors by the Photographer. The Photographer warrants that he will not sell any part of the Work, submit it for use as a stock image or use the Work for any purpose other than the general promotion of the Photographer's skills and services. If the Photographer is seeking to submit part of the Work to a publication (e.g. 'Hello May' or 'Polka Dot Bride'), this will only be done with the express written permission of the Client prior to submission.
10. MEALS AND BREAKS
If the Assignment is longer than five hours and includes covering a reception or other time when food is served, the Photographer (and any crew) shall be provided with or allowed to access reasonable food and non-alcoholic drinks at the Client’s expense. If a meal is provided, the Client must provide a gluten and dairy free vegetarian meal (eggs and seafood are fine) for the Photographer (a seat to eat is not required). The Client also acknowledges that the Photographer will take limited breaks during the Assignment (for example, to eat, use the restroom or have a drink of water), but will endeavour to take these during quiet moments.
11. ILLNESS AND INJURY
In the unlikely event that the Photographer is unable to perform the Assignment due to illness, injury, act of God or other circumstance beyond their control, the Photographer shall refer the Client to another photographer to perform the Assignment from the network of wedding photographers maintained by the Photographer and will refund in full all moneys paid to date. The Photographer will work in good faith to find the best replacement photographer possible for the Assignment. The Photographer shall not be responsible for the services provided by a replacement photographer, nor will they be liable for any damage or injury sustained by the Client, if a replacement photographer retained by the Client fails in whole or in part, to perform the Assignment.
12. DANGEROUS CONDITIONS AND CLIENT CONDUCT
If, during the Assignment, the Photographer and/or crew are exposed to (a) conditions which imperil or cause the Photographer and/or crew to fear for their safety, (b) objectionable or illegal acts to which the Photographer and/or crew do not wish to be a party of or witness to, or (c) physical or verbal intimidation or abuse by the Client or anyone associated with the Client, including a guest, the Photographer reserves the right to immediately protect the Photographer’s interests, by (including but not limited to) immediately ceasing the Assignment, leaving the Assignment location(s), and/or terminating this Agreement, and will not refund any moneys paid by the Client. The Client shall indemnify the Photographer from any damage or injury that the Photographer and/or crew may sustain, arising from, or related to, any hazardous conditions which imperil or cause the Photographer and/or his crew to fear for their safety, while performing the Assignment.
13. PHOTO ALBUM IMAGES
If a photo album is provided to the Client as part of the Work, the Client is responsible for selecting the images for inclusion and the order in which they are to appear, including those chosen for the cover. The Photographer is responsible for creating the album file in line with the directions provided by the Client, and for providing the Client with a proof of the images chosen and image order for their approval. The Photographer will make a maximum of one further set of changes to the album file and provide a second proof if the Client requests this, but additional changes after the second proof is provided will be charged at a cost of $75.00 per hour or part thereof and must be paid in full by the Client before the changes are made.
14. ENGAGEMENT OR FAMILY PORTRAIT SHOOT
If a complimentary one-hour engagement or family portrait shoot is offered to the Client as part of the Work, this is available only in the period prior to the wedding (date of Assignment) and may not be delayed until after the wedding unless this is mutually agreed upon by both the Client and Photographer in the case of extenuating circumstances. Additionally, the Photographer will generally make themselves available to complete the engagement or family portrait shoot from Monday to Thursday afternoons each week, due to the density of wedding bookings on Fridays and weekends. The engagement or family portrait shoot will take place within the Brisbane Local Government Area, unless otherwise agreed.
In the event that the Photographer is required to take legal action to collect fees due from the Client under this Agreement, or to otherwise enforce this Agreement, the Photographer is entitled to recover all their costs and expenses incurred in relation to such legal action, including an award of reasonable lawyer or solicitor fees.
16. JURISDICTION AND VENUE
This Agreement is entered into and carried out according to the laws of the State of Queensland in Australia.