TERM & CONDITIONS
By hiring Sparkle Eyes Photography to photograph your wedding you agree to the terms and conditions below and all information given on this page. By accepting these terms you are legally bound by the terms and conditions set forth below. Please retain a copy of the terms and conditions for your records. By accepting the terms you acknowledge that you are at least eighteen years of age, the legal age to form a binding contract.
Scope of Work:
The PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location which will be confirmed 7 days prior to the photo shoot. Refer to the invoice for details regarding products, inclusions, and fees.
Retainer and payment:
Upon your signature, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT shall make a non-refundable booking fee of 50% Deposit of (weddings) and any other photoshoot to the PHOTOGRAPHER to perform the services specified in the invoice.
Upon payment, the PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you. The full amount + any agreed-upon additional travel fees must be paid at least 7 days prior to the date of PHOTOSHOOT. No services will be made until full payment is made. In the event that payment is dishonoured after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.
All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 4-6 weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. When the online gallery is delivered, it shall remain open for a minimum of 14 days from the delivery date. The CLIENT may download images from the online gallery for personal use only. If you require a faster turn around please let me know as this will incur an extra charge.
-PHOTOGRAPHER does not excessively alter photos through photoshop or any other software (eg slimming down, alteration of body parts).
-PHOTOGRAPHER will make reasonable attempts to capture smiling faces and engage subjects to participate. However, Photographer is not responsible for the lack of smiles or cooperation from participants. Refunds are not offered for lack of participation resulting in a lack of images. A re-shoot, at full cost, can be scheduled at your request if you are unhappy with the lack of smiles or participation.
-PHOTOGRAPHER Style. The CLIENT has spent a satisfactory amount of time reviewing PHOTOGRAPHER’S work and has a reasonable expectation that PHOTOGRAPHER will perform the services in a similar manner and style unless otherwise specified in this Agreement.
-Consistency. The PHOTOGRAPHER will use reasonable efforts to ensure the CLIENT desired Services are produced in a style and manner consistent with PHOTOGRAPHER’s current portfolio and the PHOTOGRAPHER will try to incorporate any reasonable suggestion made by the CLIENT.
If the CLIENT cancels this agreement or fails to show, at least 73 hours prior to the date of the PHOTOSHOOT, all payments made to PHOTOGRAPHER will be forfeited.
Any cancellation or reschedule made less than 72 hours will result in a cancellation fee. The amount of the fee will be equal to 100% of the reserved services. If you are more than 20 minutes late for your service, we may not be able to accommodate you. In this case, the same cancellation fee will apply. We will do our very best to reschedule your service for another time that is convenient to you. We require full payment to hold your appointment. Cancellation fees will be taken from prepayment. In the event of a true, unavoidable emergency, all or part of your cancellation fee may be applied to future services.
Please note, we do not offer refunds. However, if you give us more than 72 hours notice of your need to cancel, we will credit your payment toward another photo session. However, if you do not cancel with at least 72 hours' notice, you will lose any payments you have already made.
1 – PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations.
2 – Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.
3 – If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, an act of God, or any cause outside its control: the PHOTOGRAPHER 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; PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this PHOTOSHOOT if a substitute photographer cannot be found; If the fees to be charged by the substitute PHOTOGRAPHER exceed the fees payable by CLIENT under this contract, CLIENT will be entitled to elect: to engage the substitute photographer (in which case, CLIENT shall be liable for any additional fees charged by the substitute photographer); or to require PHOTOGRAPHER to return in full all payments in accordance with subparagraph 2 above.
4 -The PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.
5 – If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement.
6 – The CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT 14 days after the online gallery has been delivered to the CLIENT. CLIENT will have 14 days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem, or any other complaint regarding photos, their quality, and contents, or anything relating to session coverage. After this 14-day term has expired, the PHOTOGRAPHER will no longer be liable to the CLIENT for any corrections, damages, refunds, re-edits, or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by CLIENT but the retouching will charge of $30/image will be billed with a minimum of required.
7 – CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER).
8 – The PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client.
9 -The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
10 -The PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences inappropriate, threatening, hostile, or offensive behavior from anyone at the PHOTOSHOOT; or in the event that the safety of the photographer is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to the CLIENT but will be obliged to provide the CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT.
Permissions and permits:
CLIENT will obtain all permissions necessary for the PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain the permission of reception centers, churches, buildings, properties, national parks, or other locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the PHOTOGRAPHER from photographing the PHOTOSHOOT is not the fault, liability, or responsibility of the PHOTOGRAPHER and CLIENT agrees: To pay to the PHOTOGRAPHER an amount equal to any fine which may be imposed upon PHOTOGRAPHER as a result of the CLIENT’s failure to obtain any required permission, and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of CLIENT to obtain any required permission.
CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the PHOTOGRAPHER’S assistant may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S intellectual property in the composition of pictures of the PHOTOSHOOT. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
Copyright and Model Release:
PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions, and use, or for display within or on the Photographer’s website, social media and/or studio.
Social Media license:
In consideration of the payment of monies due under this agreement, PHOTOGRAPHER grants the CLIENT a perpetual non-exclusive license to reproduce images downloaded from the photo gallery as follows:
CLIENT may share the web or high res photos delivered by the PHOTOGRAPHER on CLIENT’s personal and business social media accounts, provided that in each such post. CLIENT must credit/tag PHOTOGRAPHER. This licence does not permit the CLIENT to screenshot poor quality images, edit or alter photos in any way, or do any other act which would infringe the PHOTOGRAPHER’S moral rights.
Pricing & Additional Products:
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased.
– Travel is included for free if the venue is less than one hour away from postcode 2762. If travel is more than one hour from postcode 2762 $1.00 per kilometre will be charged. You will be required to cover travel expenses including (but not limited to): flights, ferries, car hire, meals, and accommodation.
– A non-refundable booking fee of 50% deposit is required at the time of submitting your engagement form to secure the date and administration costs. Until this is paid your date is not saved. If the CLIENT cancels or moves a service to be provided by the photographer, the client will forfeit any booking fee paid to secure the service. The client can reschedule the service as long as the day of the service required is available (fees may be charged to move the date).
– The balance of your wedding photography is required 1 week prior to the date of the services required (your wedding day). If fees are not paid in full by this time Left of The Middle Photography reserves the right to withhold the provision of services. If full payment cannot be made at this time, please contact us before the due day for payment plan options. If you cancel your contract with less than two weeks’ notice you are entitled to a 50% refund.
– Work product. All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 6 weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. When the online gallery is delivered, it shall remain open for a minimum of 14 days from the delivery date. The CLIENT may download images from the online gallery for personal use only.
– Meals/break. PHOTOGRAPHER requires the CLIENT to provide a meal (one vegetarian) for your photographer and the team assistant (non-vegetarian) where the total number of hours exceeds 4 hours.
– COVID-19. If you are moving or canceling your wedding due to COVID-19 we will do our best to accommodate your new date. Your 50% deposit booking fee may be transferred to your new wedding date if it is within 12 months of the original date, but is not refundable. Please be in touch with us as soon as you can, we know how hard moving your date can be and will work with you as best as we can.
Please contact us at any time if you have any questions we would be happy to help, Aan Carpenter.