Agreement to provide Photography Services

 

This Agreement is made on the date of electronic acceptance by the Client.

 

Between: Lizzy Jacobs Photography

 

(“Photographer”)

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&

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(“Client”)

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Recitals:

The Photographer has been requested by the Client to provide the photography package (“services”) selected by the Client in the quote.

The Client agrees to engage the Photographer upon the terms and conditions in this Agreement.

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Engagement & Services

The Agreement is between the Photographer and the Client entering into the photography contract. The Client wishes to engage Lizzy Jacobs Photography and Lizzy Jacobs Photography accepts the engagement to hereby:

(a) provide the services to the Client and

(b) produce and make available edited digital photographs to a secure online album and

(c) provide any other products as agreed on by both Lizzy Jacobs Photography Ltd and the Client as outlined in the quote and/or invoice accepted by the client.

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Contract & Payment agreement

1. 50% deposit of the selected package is required to secure the clients booking. This fee guarantees the Client the agreed date and time of service which Lizzy Jacobs Photography is obliged to provide. The deposit must be paid to the Lizzy Jacobs Photography within 36 hours of the Client signing this agreement.

(a) This is non refundable or transferable in the event of Client cancellation, or an act of government, it being the agreed loss suffered by the Photographer due to cancellation.

(b) If the client needs to reschedule their original booking and Lizzy Jacobs Photography are available, then the client will not lose their deposit. However if Lizzy Jacobs Photography is not available for the client's requested rescheduled date, then the client is not entitled to a refund.

(c) Final payment is required no later than the day of your booked session.(Correct cash is preferred as EFT is currently unavailable)

(d) It is understood by Lizzy Jacobs Photography that by the Client paying their deposit, they are accepting our Terms & Conditions set out within.

(e) Until the booking fee is paid, Lizzy Jacobs Photography is not obliged to hold the photography session date(s) for the Client.

 

2. These Terms and Conditions may be varied at any time, with or without notice to the Client, at our sole discretion. The Client accepts that these must be read in conjunction with the current Terms and Conditions available at: www.lizzyjacobsphotography.com.au on the bottom of the website. The terms and conditions apply to all previous, current and future Clients.

(a)The Client agrees to pay the fees as outlined in the booking form, to Lizzy Jacobs Photography. All additional costs such as permits to photograph in national parks/beaches/entry fees etc that require permits, if any, are the responsibility of and must be paid for by the Client.

 

 

Rescheduling & Cancellations

1.Portraits

(a)If the Photographer is unable to perform the services due to any cause outside the Photographers control, the Client agrees to indemnify the Photographer for any loss, damage or liability; however, the Photographer will return in full, all payments made by the Client to the Photographer in relation to the shoot. 

 (b)If the Client is unable to attend the shoot for any reason, the Photographer will use best endeavours to provide an alternative date for the shoot.

(c) If an alternative date cannot be agreed and the Client has paid the Total Fee (in full), the Photographer agrees to provide a refund to the Client calculated as follows:

(d) The Photographer will retain the non-refundable booking fee as specified above.

(e) If the Client cancels the shoot with less than 72 hours notice, a further (20%) of the Total Fee, in addition to the non-refundable booking fee will be retained by the Photographer.

(f) The Photographer shall further be entitled to retain any non-refundable costs or other fees paid by the Photographer for the shoot, including but not limited to balloon supplies, cake costs, equipment and apparel hire, and any personnel hire.

(g) In the event of bad weather (for outdoor portrait sessions) you will either be offered to have the session moved to an alternative location on the same date/time as the original booking (eg the studio), or offered to re-schedule the booking to an alternative date.

2.Weddings/Events:

If Photographer is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside  their control: Lizzy Jacobs Photography will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract if the Photographer is unable to perform services; the Photographer will return in full all payments made by the Client to the Photographer in relation to this photography booking, if a substitute photographer cannot be found; If the fees to be charged by the substitute the Photographer exceed the fees payable by the Client under this contract, the Client will be entitled to elect: to engage the substitute photographer (in which case, the Client shall be liable for any additional fees charged by the substitute photographer); or to require the Photographer to return in full all payments in accordance with subparagraph 1 above.

 

 

Copyright

(a). Photographs/images produced by Lizzy Jacobs Photography are protected by Copyright Law (all rights reserved). Upon final payment by the client, clients are allowed to print & display resulting images for personal use.

(b). Said images may not be altered in any manner without prior written permission of Lizzy Jacobs Photography.

(c). Clients will receive an online gallery containing their high resolution digital images with printing rights. When publishing the photos socially or commercially, Lizzy Jacobs Photography must be noted as the photographer. The clients must obtain written permission from Lizzy Jacobs Photography prior to the clients, associates, friends or relatives selling the photographs. The client hereby grants to Lizzy Jacobs Photography and successors, heirs, executors, administrators, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the clients or photos in which the clients may be included, for editorial, trade, advertising or any other purpose and in any manner or medium.

The clients hereby release Lizzy Jacobs Photography and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses and obligations of any kind arising from, or related in any manner to Lizzy Jacobs Photography's use of said images.

(d) Lizzy Jacobs Photography may use your images for samples, contests, exhibition, advertising (including all social media platforms) and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent. This is optional and the client must inform Lizzy Jacobs Photography in writing if they do not wish to have their images used in any advertising or promoting, this also including any children that the Client is responsible for.

 

 

Photographer’s Responsibilities.

(a)Lizzy Jacobs Photography hereby agrees to perform photographic services for the Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Photographer may employ one or more assistants.

(b) The Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event.  The Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of the Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.

(c) If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, the Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such an event, the Photographer shall not be obligated to refund any of the fees paid by the Client because of such action.

(d) The Photographer will use best endeavours to meet the Clients wishes with respect to the images/photographs to be captured however the Client agrees that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the shoot.

(e) The Photographer is not required to retain copies of the images/photographs from the shoot 30 days after the images/photographs have been made available to the Client.

 

Location & Travel

Lizzy Jacobs Photography reserves the right to refuse to shoot in requested locations if there are any safety, legal or creative concerns. Travel is covered for up to 40kms from Wyndham Vale, Victoria. Sessions outside of this area can be requested and will be quoted on a case by case basis.

 

Image Style & Editing

The client acknowledges that they are familiar with Lizzy Jacobs Photography's style and that their work is continually evolving, is of a unique and artistic nature, that the photos taken may be different from those taken in the past and that Lizzy Jacobs Photography will use their expertise and artistic judgement to create images consistent with their vision, which may be different from the clients.

(a)Lizzy Jacobs Photography will do their best during the pre shoot consultation to ensure the artistic vision & style for the shoot is aligned between photographer and client.

(b)Lizzy Jacobs Photography's editing encompasses colour grading of all selected images for the client in Lightroom, however, package pricing do not include advanced editing/retouching such as individual removal of pimples, wrinkles, scars, double chins, skin conditions, burns, facial hair etc.

Additional editing may be requested and a fee per image will be quoted upon request and must be accepted prior to any work being carried out.

(c)It is also understood that unless hair and makeup is included in the contract, Lizzy Jacobs Photography is not responsible to fix hair or skin, or makeup problems.

(d) It is understood that Lizzy Jacobs Photography is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was confirmed in writing prior to the session.

 

Loss & Damage

Lizzy Jacobs Photography takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond Lizzy Jacobs Photography's control.  The Client agrees that the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event/session. No further liability or loss can be claimed.

The Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, the Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.

 

Communication

It is understood, that it is the Client's responsibility to inform the Photographer by email for all communications including but not limited to any date, time or location changes. Lizzy Jacobs Photography is not liable for any claims for messages sent by mobile text messages or social network websites.

 

Photography Quotes

The fees quoted by Lizzy Jacobs Photography are for the original job description as presented by the client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses for additional work or additional images will be invoiced. Quotes are valid for 30 days from time of issue.

 

Image Delivery & Turn around time

All clients will be supplied with high quality and edited jpeg files upon final delivery by means of a an online gallery (Pic - Time). Images can then be downloaded in both High-Resolution (or known as High-Res) and Low- Resolution- to be used for online sharing. At no stage will RAW files be delivered. Online galleries will be uploaded within 4 weeks of the session date excluding public holidays. With a sneak peak being provided to the client within 7 days from the session date. Event/Wedding bookings may differ, however this will be communicated in original quote.

 

RELEASE AND INDEMNITY: 

 In consideration of the Photographer providing the services, the Client: 

(a)releases and forever discharges the Photographer from all claims that the Client may have or may have had but for this release arising from or in connection with the Clients participation in the shoot; and

(b) indemnifies and holds harmless the Photographer to the extent permitted by law in respect of any claim by any person including, but not limited to, another participant in the shoot arising as a result of, or in connection with, the Clients or another participants participation in the shoot. 

EXCLUSION OF LIABILITY

Except where provided or required by law and such cannot be excluded, the Client agrees that it is a term of the Clients participation in the shoot, that the Photographer is absolved from all liability, whether arising from injury or damage and howsoever caused (including by the negligence of the Photographer), arising out of the Clients or another participants participation in the shoot.

SEVERANCE

If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

GOVERNING LAW

This Agreement is governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there, in connection with matters concerning this Agreement.

 

 

Weddings & Events

 

Event/Wedding Timeline:

Lizzy Jacobs will provide a schedule for the time that the client has booked. The schedule will include all known times for each component of the wedding day. It is the responsibility of the client to inform Lizzy Jacobs Photography of any changes or additions made to the schedule no sooner than 7 days prior to the wedding date. Lizzy Jacobs Photography is not responsible for any omissions to the schedule that result in us not being able to carry out our duties. Lizzy Jacobs Photography will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.

 

Pre Event Consultation:

All parties agree to a pre-event consultation before the wedding date in order to finalise the actual shooting times and locations. This will occur once the client has completed the Wedding Questionnaire and at least two (2) weeks prior to the wedding date.

 

Coverage

Every effort will be made to capture as many moments of your day as humanly possible however it is not possible to capture absolutely everything. If you have suggestions or desires for photos to be captured such as a surprise dance down the aisle or a set photo of the groom and his mum, please write them down on a list and I will endeavour to do my best to capture them. Because of the ever-changing nature of wedding days, not everything can be covered. Lizzy Jacobs Photography is not responsible for a missing family member(s) during the family photo session.

 

Hours of coverage

Hours of coverage are continuous including any travel/logistics timing required. Lizzy Jacobs Photography will take small breaks as necessary throughout this period, and will confide in the Client before doing so. Additional hours will be charged at $250 per hour. Lizzy Jacobs Photography will notify the Client as the photography coverage is ending. Lizzy Jacobs Photography will only stay for additional hours when given permission by bride and/or groom and an additional invoice will be sent within 24 hours of your wedding.

It is encouraged and appreciated, that for events larger than 3 hours for the Client to provide a meal and refreshments for the Photographer. No dietary requirements are needed.

 

Guest Cooperation

The Client is responsible for the conduct of their guests. Lizzy Jacobs Photography will not tolerate verbally or physically abusive behaviour. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if 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. The Client understands that in such an event, no refunds will be granted.

 

Guest Photography

Each one of your guests will have a camera or smart phone on them and will want to take photos of the special moments during your day. In the spirit of friendly collaboration, the client agrees to give Lizzy Jacobs Photography precedence over the guests in order to take the photographs required for the event's services described. Lizzy Jacobs Photography cannot be liable for lack of event images if guests taking their own images of key moments continually interrupts Lizzy Jacobs Photography's work.

 

 

Cake Smash Sessions

During Cake Smash sessions, the cake that is consumed by the Clients child, is consumed fully at the Clients own risk. The Client fully understands that any reactions from the consumption of the cake is not the responsibility of Lizzy Jacobs Photography and therefor will not be held liable for any loss, damage, or medical expenses. Lizzy Jacobs Photography requests that you have had your child try vanilla butter cake and butter cream icing, prior to the session to be sure no allergies occur. If your child has allergies, it is the Clients responsibility to inform Lizzy Jacobs Photography via written notification, and an allergy friendly cake will be ordered for your session, and extra fees applied as per the quote provided. Any cancelation from Client of a Cake Smash Session will def result in loss of your deposit, due to pre payment of the cake and decorations from the Photographers vendors. As a result Lizzy Jacobs Photography will retain your deposit as outlined above. This deposit is non transferrable and can't be credited to the Client for another session at a later date.