Little Eyes Photography - Contract

CONTRACTUAL AGREEMENT BETWEEN CLIENT (addressee/s) AND LITTLE EYES PHOTOGRAPHY & DESIGN 2018 Agreement Overview   
 
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties.   
 
Coverage:  Coverage will begin at agreed upon start date/time shall continue for 1.5-2 hours maximum. (or wedding, up to 8 hours).
Change of Date or Venue: The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event (where applicable). Notification of any changes can be made by phone along with written email or Facebook message for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last-minute details. The Photographer will make every effort to contact the Client.   
Non-Refundable Deposit: A non-refundable deposit fee of $50 is required for all portrait sessions. This is invoiced to the client at the time of booking. In the event of cancellation, the non-refundable deposit is 100% retained by LITTLE EYES PHOTOGRAPHY & DESIGN to offset any loss of business that the cancellation has caused. It shall be liquidated for damages to the Photographer in the event of a cancellation. No date is reserved until a non-refundable deposit is received. The non-refundable deposit shall be applied towards the total cost of the service to be rendered (time spent communicating with the client, any items purchased for the client's session). The balance of the complete package price must be paid before or on the day of event. Final payments will be received prior to any photographs being taken. If final payment on the day is not received, the photographer will not complete the session. The non-refundable deposit cannot be paid forward to any future session if your appointment is cancelled within a week of the session date - unless it is rebooked within the fortnight. Otherwise, the deposit will need to be paid again to hold a new date.
Cancellation: There shall be no refund of deposit after the signing of this agreement and the reservation of the photography date, circumstances depending. If the session is cancelled after the non-refundable deposit is received, it will be forfeited by the client due to the high probability that the Photographer will not be able to further book that date. Any other arrangements shall be discussed between the clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing.   
Failure to Perform: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting   
from weather conditions, or schedule complications caused by but not limited to, anyone in or at the session. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or any other factors. The Photographer will do their best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed (Weddings primarily). 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.  If an extension of session is granted due to non-co-operation, this additional session must be redeemed within 6 months of original session and must be an identical session type. (please note, this must be OFFERED by the photographer)
Clients are responsible for all location fees and permits.   
Copyright Title: (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Permissions shall be granted to the photographer to share any images on social media or websites operated by Little Eyes Photography. Please advise the photographer if you do not wish for images to be shared.   
Exclusive Photographer: Family and friends of the clients shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs to ensure proper exposure of images. The photographer does not allow mobile phone photos to be taken during the session.  (This includes IPad, DSLR, compact camera. The session WILL be stopped if this occurs. The photographer requests that all mobile phones be set to silent. 
 
The photographer agrees to send a sneak peek photo (2 maximum) to the client. This will be shared within 5 days of session.
  
Expenses: Travel expenses may be applicable. This is at the photographer's discretion.   
Garments:  The Photographer cannot be held responsible for damage to Garments due to environmental events or otherwise. Client is responsible to arrange personal assistance for garments. The photographer will happily assist if the clients require ideas for garment choices for the session (The client must contact the photographer for this request).  
Creative License:  Images are edited at the Photographer’s discretion, and delivered images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. It is understood that the client has booked the photographer based upon their unique style. It is understood that the client is aware of the photographer's portfolio of working examples. The photographer reserves every right to style a session as they see fit, according to this style. The photographer will not be pressured to do any poses or set-up that they are not comfortable with.  
Additional requests: If any additional editing is required that would otherwise be out of the control of the photographer (body, or other), a charge per photo of $10 is applicable before your digital images are returned to 
you.   
Vouchers: As per terms on the voucher, they are not redeemable for cash at any point after money has changed hands. Money will not be exchanged because the purchaser has changed their minds. Please refer to the ACCC website for stipulations on any gift card or voucher purchase. LITTLE EYES PHOTOGRAPHY is not responsible for any extenuating circumstances that may result in a request for refund.
Cake smash sessions: Family images are not included in this session type as a backdrop will already be styled and set up when you arrive.  
 
If you do wish to have family images, there is an additional cost of $50 as it takes time to re-set the cake smash set-up and there are more images to take and edit for the photographer than included in the session normally.

Family Images are also not included in a standard (Full) newborn session. It is an additional cost of $50 - to be paid with the balance - on the day of your session (total: $290)
Full family photos including:
  • baby, siblings, Mum & Dad
  • Mum + baby + sibling
  • Dad + baby + sibling
  • Mum + Dad + baby

A newborn session on its own, can easily take up to 2 hours. Most of this session is settling and posing. Getting it all right “in camera” so the turnaround for the return of your digital images, is short.
Adding a multitude of different family images is a lot of additional time shooting and subsequently, editing.

Newborn session setups, take up the majority of floor space in my studio, so requesting family images mean I must set up after your family images. This is more time spent and another reason why it is an additional cost. 10 images extra are included if family images are requested.

Force Majeure: If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less non-refundable deposit fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, SD/memory card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The photographer will make every effort to re-book your session if any of the above occurs.  
 
Safety: It is understood that the parents or guardians of any children present will supervise 100% of the photographic session. As the business premises are on the first floor, it is also understood that no child or children will be permitted into the hallway or on the stairs at any point, unless arriving or leaving the session with their parents. It is understood that ALL CARE is to be taken when entering or leaving the building where the session is undertaken.  

MINI SESSIONS: Mini sessions are STRICTLY 20 minutes ONLY. You will be presented with a digital photo gallery of a minimum 20 images - from which you are entitled to choose 5. Additional digital images are priced at $12 per file. A mini session is one setup only (time dependant on a possible second setup).

Please advise the photographer IMMEDIATELY if any injury has occurred during your session (in the STUDIO PREMISES ONLY) as the business has specific protocol to adhere to in these matters.   
What the client receives: The client shall receive a minimum 15 digital images from their photographic session. These images will be edited, selected and culled at the photographers’ discretion.  The client will receive a gallery of no more than 30 images to choose from. The photographer reserves the right to provide an image in black and white ONLY – as there is always specific reasoning for this occurrence. 
IMPORTANT DETAILS REGARDING PHOTO DELIVERY:  Client images will be delivered via an online gallery portal. As online storage is not free for the photographer, so the client must download these images within 2 weeks. No outside editing will be permitted on the images once the client has their digital images.  
Please note, the online gallery portal IS the photographer's preference for photo delivery (this method of photo delivery is paid for by the photographer and no further expense shall be incurred as far as mail or delivery of a flash drive).  It is the client's responsibility to download these images from a computer within the allotted time frame (2 weeks). You are welcome to bring a USB to your session if you wish. This will need to be collected from my home or studio.