Terms & Conditions
The Photographer - Hello & Forever Photography
The Event - Wedding
1. Photographer’s Responsibilities. The Photographer hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike 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.
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.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.
3. Copyright. 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, Facebook, Instagram, Twitter, Threads and blogs ect.), but any sale or publication for profit without Photographer’s express written permission is a violation of copyright law. Photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
5. Event Changes. 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/text) confirmation must be sent within 2 days of such notification.
If the date of the Event changes, and the Photographer cannot attend the new Event date and notice is not given at least 30 days before the original date, then Photographer shall be entitled to 60% of the balance amount as liquidated damages for having loss of work. If the date of Event changes and the Photographer can attend new Event date and notice is not given at least 30 days before the original date, then Photographer shall be entitled to the full balance plus another 25% deposit to reschedule the event. The 25% amount will need to be repaid upon booking the new date, subject to Photographer's availability.
6. Cancellation. Upon acceptance of these terms and payment of the deposit, 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.
7. Delivery & Viewing. The final chosen selection of images will be supplied within 60 days from the Event date. The client will receive a sneak preview within 7 days after the Event date. The Album (if included) shall be delivered no later than 90 Days from the date of final Client approval.
8. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 3 Months. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
9. Model Release. Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing (such as Facebook/Instagram/Google) purposes without payment of any additional fee.
10. Force Majeure or Act of God. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, covid-19, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall return the balance money paid by Client the deposit is NOT included) In the unlikely event of total photographic failure then Photographer liability shall be limited to the return of the all money paid by Client, and this Agreement shall immediately terminate.
11. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
12. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
13. Event Meals. Client shall arrange with the caterer / venue for meals to be provided to Photographer and 1 assistant (if applicable).
14. Image Quality. The Photographer will provide a high standard of imagery and pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials, especially man-made fibres. It is sometimes impossible to record photographically the exact colour as seen by the human eye.
The images will be in the Photographers signature tonal style as seen within their portfolio.
15. Creative License. The Photographer shall be granted creative and artistic license in relation to the choice of locations and poses used. The Photographers judgment on photographic style and the number of photographs taken shall be deemed correct, due to the changes of the weather and the availability and the willingness of the subjects. The Photographer shall try honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
16. Number of Images. The Photographer will do their best to produce the exact number of images discussed with the client, there is no guarantee that any particular number of images will be produced. All images captured are primarily for creating a wedding album. All images presented to the client are the FINAL SELECTION, any other images will not have passed our quality control and therefore will NOT be processed or released to the client – EMPHASIS SHOULD BE LAID ON THIS POINT.
17. Special Requests/Coverage. The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines, and that no one photograph will be deemed more important than another. Special requests are not binding instructions, although every effort is made to comply with the client’s wishes. Any special requests should be written within the pre-wedding questionnaire.
18. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
19. 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 Album is delivered to Client. Once the Album 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.
20. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.