YOUR AGREEMENT TO THESE TERMS
– These Terms set out your agreement with Wild Romantic Photography in relation to the use of the Website and the placement of Order for Products and related matters;
– In consideration of Wild Romantic Photography allowing you to use the Website, and/or opening an Account for you, you agree with Wild Romantic Photography to be bound by these Terms.
ACCESS AND USE OF THE WEBSITE
– You must only use the Website in accordance with these Terms and any applicable law.
– You must not (or attempt) to:
• interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website; use any data gathering and extraction tools on the Website; or
• link to any part of the Website in a way that damages or takes advantage of Wild Romantic Photography’s reputation, or causes Wild Romantic Photography to suffer Loss including but not limited to implying or suggesting that you have any association and/or affiliation with Wild Romantic Photography, or approval and endorsement from Wild Romantic Photography when there is none, or in a way that is illegal or unfair.
INFORMATION ON THIS WEBSITE
– You acknowledge and agree that there are intellectual property rights that are owned by or licensed to Wild Romantic Photography and these include rights in respect of the Website content;
– Any material on the Website, in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with Wild Romantic Photography’s consent;
– To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, Wild Romantic Photography is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
a. Wild Romantic Photography (“Photographer”) hereby agrees to perform photographic services for Client at the Event specified in agreed contract in a professional, workman like manner according to the prevailing standards in the industry (“Services”). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
b. If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.
– All photographs taken by Photographer at the Event, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal use (eg. wall hangings at home, instagram, facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. Photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.
– Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
– Photographer must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Photographer shall be entitled to the non-refundable retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Photographer’s availability.
– A non-refundable retainer (that shall be applied toward the total fee for the Services) at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events). In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.
– Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by Client. If cancellation takes place within five calendar months of the Event, the Client will attract a cancellation fee of 50% of the remaining invoice. If cancellation takes place within on calendar month of the Event, the Client will attract a cancellation fee of 75% of the remaining invoice.
– Client shall arrange with the caterer for meals to be provided to Photographer and 1 assistant (if applicable). Photographer shall eat meals at the same time as guests on the guest table.
EDITING OF IMAGES
– All colour process editing will be completed and delivered in the Photographers brand aesthetics. If Client requests Photographer to make specific changes to Photographer’s colour processing that affects the Photographer’s brand aesthetics, it is at the Photographer’s discretion. If Photographer accepts to make colour processing edit changes to images, a fee of $750 + GST will be charged to the Client.
– Photographer does not make cosmetic adjustments to photographs. If Client would like cosmetic adjustments made to photographs, the Photographer may provide a quote to cover the additional job or refer another service provider to the Client to undertake the job.
– Photographer warrants all prices quoted for Event images are valid for a period of 6 Months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
– If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.
– The state and federal courts serving Victoria, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.
PROTECTION OF DELIVERABLES / RETENTION OF FILES
– Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Wedding is delivered to Client. Once the Wedding has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
– The Album shall be delivered no later than 90 Days from the date of final Client approval. The client must take delivery of Album within 6 months following photo pick up date. If Client does not obtain Album within the 6 month period, if orders placed after such period, are subject to Photographer’s new published pricing at the time of the orders placement. If Client does not obtain Album within the 12 month period, then Photographer shall not be required to repay any of the payments made by Client.
PHOTO ALBUM DESIGN
If the Client would like to make additional amendments to album design, a fee of $350 + GST will be charged to the Client.