This agreement constitutes an order for commercial photography services, including permission given for the taking of photos at and within the address specified below as agreed by both parties as follows:
Joel Gray Photography T/A Joel Gray (hereinafter referred to as 'The Photographer')
YOU - Your details are to be provided in the form below (hereinafter referred to as 'The Client')
Unless otherwise specified; it is understood that all rights to 'proof images', 'sample prints','final prints' or 'digital media' (hereinafter referred to as 'Images') remain the property of The Photographer and can be used for professional advertising, website portfolio images or be displayed on social media accounts, or any other purposes deemed 'proper' or 'professional' for The Photographer.
Should The Client or any person associated with The Client NOT want their Images used in such a manner this should be communicated via email (before the date of your shoot), stating the name of the person(s) with this request.
If the shoot has been completed, and this request has been made, please send an email stating the time and date the Images were recorded and the name(s) of the requesting person(s). If Images have been used online, then a 'take-down' will occur of any Images used of the person(s) involved immediately.
If The Photographer cannot attend to perform this agreement in whole or in part due to 'fire' or some other casualty, 'act of nature or terrorism' or other cause beyond the control of either parties or due to illness or injury, then The Photographer has the right to appoint another photographer to attend to undertake the photography on the day(s) that have been arranged to record your Images.
Should it not be possible for The Photographer to arrange for alternate person(s) to complete the job for the allocated day and time The Photographer will notify The Client immediately and if possible, negotiate another time to return and record the Images.
If this is physically not possible or, The Client wishes to terminate this agreement, The Photographer will return all fees or deposits taken to The Client, but shall have no further liability with respect to this 'Agreement'.
3. Image/Data Loss
Every possible mechanism is used to ensure Images are recorded to multiple storage devices simultaneously for every photo shoot on every camera used - every time.
The utmost care is always taken with a client's Images at all times. The implementation of every precautional backup physically possible is made during and after every event.
This limitation on liability shall also apply in the event that photographic materials have been: lost, stolen, damaged, destroyed are 'damaged in processing', 'lost' due to hard drive or 'memory card' failure before a backup can be made, 'lost through camera malfunction', 'lost in the mail, or otherwise 'lost or damaged' through no fault or reasons within or beyond The Photographer.
Should there be only a partial loss of Images for whatever reason aforementioned then The Photographer at personal cost will return to record the missing Images as soon as physically possible. Alternatively a refund or discount to the original quotation can be obtained by The Client and will be based on a pro-rata amount based on the percentage lost. This amount will be determined by The Photographer.
Should the The Client experience any financial loss because of this unforeseen data loss, then The Client agrees to limit the maximum liability of The Photographer to the total amount agreed to be paid under this 'Agreement'
The Client shall assist with organising and scheduling staff and/or organising products to be ready upon arrival to commence shooting, and cooperate with The Photographer in obtaining the desired Images.
This includes but is not limited to specifying persons or items wanted or not wanted in the Images and/or scenes to be photographed. This also includes taking time to pose for Images at the direction of The Photographer or altering the location or position of the item(s)s to be photographed to ensure the desired Images are recorded.
The Photographer shall not be responsible for Images 'not taken' as a result of The Client’s failure to provide reasonable assistance, cooperation or from The Client's lack of communication.
On completing this 'Agreement' both parties agree to reserve the time agreed for the photo shoot booking, and will not make another reservation for the same specific time-frame.
For this reason all deposits are non-refundable.
In the case the date does become an issue, another option can be negotiated by the party requiring the change by immediately contacting the other party to attempt to modify the agreed date.
No refund to The Client is required by The Photographer for any cancellation by The Client within 5 business days of the agreed date for the shoot. Any cancellation by The Photographer will automatically initiate a full refund of any deposit paid.
Any expense incurred to fulfill special requests made by The Client will be billed to The Client and deemed payable by The Client.
In the case that The Photographer must delay the photo-shoot due to health reasons, accident, or death and The Photographer's assistant(s) cannot fulfill the 'Agreement' then The Client has the option to cancel the 'Agreement' and receive a full refund of deposits made or agree to another date for the photo-shoot.
6. Split Sessions
Unless an existing agreement regarding splitting the photo session into more than the agreed amount of days is made prior to you receiving your quotation, the following charge may apply.
In the case The Client's staff or products do not arrive, cannot be found or are not provided on the day due to reasons within or out of the control of The Client, then a split session fee will be added to the invoice over and above the quoted amount.
This amount covers the time taken to travel, costs incurred while traveling and the set-up and pack-up of equipment. This amount will be charged from $100 to $300 within the (Sydney metro area) for every additional session over and above the quoted amount of sessions. This amount will be determined by The Photographer and is based on distance and actual expenses incurred to re-attend.