Terms & Condt
Glorious Photography Terms & Conditions:
As deemed necessary & essential by the Photographer and Client.
Definitions & Interpretation
1. “Client” means the party named on page 1 of this Agreement.
2. “Images” means all images the subject of this Agreement that are selected by the Photographer for the Client’s use.
3. “Photographer” means Irwan Budiarto (ABN 92 643 585 236) & other photographerstrading as Glorious Photography as named of the Agreement.
4. Except and to the extent that such interpretation will be excluded by or repugnant to the context, every reference to a:
a. party to this Agreement includes a natural person and incorporated or unincorporated entity and will mean and include a reference to that party’s executors, administrators, successors, personal representatives, substitutes (including, without limitation, persons taking by novation), transferees, employees, agents, servants, related bodies corporate and assigns;
b. gender includes all genders, singular term includes plural term and vice versa, and sum of money is in Australian currency.
5. The headings do not affect the interpretation of this Agreement.
Payments and Cancelation/Postponement
6. As per this Agreement, the Client will pay the Photographer
7. A 50% deposit need to be paid by the Client and the balance as decided will be paid 31 days prior session date by the Client, any delays may caused cancellation of your booking, All retainers paid are non-refundable and non-transferable.
8. The Client is responsible for payment of all expenses incurred up to the time of cancellation and the Photographer will be entitled to charge a fee for cancellation or postponement at his discretion.
9. The cancelation or postponement session date fees to the Client are as follow:
1. Prior 6 months period or earlier will charge a fee to the Client 50% of the total package fee.
2. Within 3 to 6 months period will charge a fee to the Client 70% of the total package fee.
3. 3 months or less period will charge a fee to the Client 100% of the total package fee.
10. Any cancelation or postponement fees greater than the Client's deposit, the Photographer will issue an invoice to the Client and fee payable within 14 days, any delays may cause legal action against the Client.
Exclusivity & Copyright
11. The Photographer will be the sole appointed and exclusive photographer at the Client’s session. Although friends and family of the Client are permitted to take photographs and videos for personal use only during the Client’s wedding ceremony and reception, the use of any camera is strictly prohibited during designated wedding/portrait photography sessions.
12. The Photographer retains the copyright to all images taken at the session, including the copyright of originals, electronically produced images and any reproductions. RAW format images are the exclusive property of the Photographer and will not be given to the Client under any circumstances and are not for sale. The Client will receive images as a JPEG format.
13. Reproduction rights remain exclusively with the Photographer and are protected under the applicable copyright laws. No unauthorized copies may be made of any discs produced by the Photographer, which would otherwise represent violations of applicable copyright laws.
14. The Client is licensed to make unlimited personal prints of images with the purchase of images on CD (“Licence”).
15. The Licence will be for the territory, time and use as agreed and will come into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing. The Licence only applies for the use as agreed and does not include any form of electronic or other storage. The Licence cannot be transferred without the Photographer’s express permission in writing.
16. The Photographer reserves the right to use all Images, its negatives, digital files and prints for display, publication, promotion or other purposes in any manner, shape and form including, but not limited to, publishing on websites and posting on social networking sites and the Client irrevocably grants permission to the Photographer to do the same. The Photographer also reserves the right to remove any images (blink shots, blurred images, unfocused, etc.) and to modify the Images for artistic effect and other aesthetic purposes to ensure its quality.
17. No alteration or manipulation of the image may be made without the permission of the Photographer and the Client is NOT permitted to do modification, erasing, alteration or cropping our watermark on the images.
18. The Client accepts full responsibility for any materials that they supply for use in the photographs and that the materials are adequately insured against loss, damage or liability.
19. The Photographer will take formal, group and candid photographs as deemed necessary.
20. The Photographer will strive to capture all agreed-upon wedding day moments. However, due to the spontaneous nature of weddings, and the possibility of equipment failure, the Photographer does not promise to deliver any specific or previously requested image with 100% certainty and no guarantee is expressed or implied.
21. The Client needs to ensure that the guests and other contractors at the session do not interfere with the work that the Photographer is to perform. The Photographer is not responsible for poor end result directly or indirectly caused by the interference by third parties at the session.
22. The photographs are original work and the Photographer will not archive copies of the photographs unless specifically requested in writing prior to the work commencing. Each photograph is unique and does not have an exact duplicate and may be impossible to replace or recreate.
23. The Photographer is not be liable for any legal action, claim, loss or damages arising out of, relating to, or in connection with the final result/outcome, publication or other use of the photographs by the Client. The Client will indemnify the Photographer against any claims, loss and/or damages against him as a direct or indirect result of such use of the photographs.
24. The Photographer’s name will be printed in reasonable proximity to all published reproductions of the photographs unless agreed otherwise prior to the work commencing.
25. Clients are not permitted to sell or commercial use all photographs taken without prior arrangement and written notice from photographer.
26. The editing process of Images may take around 20 weeks or longer from the Client’s wedding depending on our works. Additional charges will apply for express editing service.
27. If the Photographer cannot perform this agreement due to fire or other calamity or casualty, lockouts, strike, governmental action, war, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or family emergency, the Photographer will return in full the deposit received from the Client but will have no further liability with respect to the Agreement. This limitation on liability will also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer will not be liable for any amount in excess of the retail value of the Client’s order.
28. In the event that the Photographer is unable to attend the Client’s wedding, then the Photographer will find a replacement photographer to perform the Photographer’s work. If the Photographer unable to find a replacement, the Client will receive full refund.
29. Client must provide the Photographer and team with a full meal (only for wedding/portrait coverage longer than 4 hours), and beverages throughout the day, otherwise the Photographer and team will take 1 hour break for every 4 hours of coverage. Meal must be provided within coverage period.
30. If any term &/or condition or part of the same is or becomes void, invalid or unenforceable for any reason, the same will be severed from this Agreement but the remainder of this Agreement will continue in full force and effect.
31. The parties expressly agree that this Agreement and the relationship between the Photographer and Client are governed by the laws of the State of Western Australia.
32. The parties expressly submit to the non-exclusive jurisdiction of the Courts of Western Australia and the Federal Court of Australia in determining any issue arising out of, relating to, or in connection with this Agreement.
33. This Agreement is on execution binding on the party executing the same and this Agreement remains effective and valid even if the signature of any or all of the parties which appear on this Agreement to be a facsimile signature rather than an original signature, and the parties acknowledge and agree that facsimile signature is valid and is as enforceable as the original signature.
THIS IS THE END OF THIS TERMS AND CONDITIONS.
LLB, BSc (Psy) (1st class Hons)
Barrister & Solicitor
Updated 28th November 2013