TERMS AND CONDITIONS
1. DEFINITIONS
1.1 “Session Date” refers to the day and any related photography services that the client is specifically commissioning LoveTeeekiePhotography to perform.
1.2“Cancellation” means that the event is canceled by Client and not rescheduled. In the event of cancellation, Client will be responsible for those fees, costs and charges set forth in section 5 below.
1.3 “Postponement” is the rescheduling of the booking date by the Client at least 5 days prior to the booking date to a mutually agreeable date, and no more than 6 months after the original booking date.
1.4 “Work” means all photographic images, negatives, digital files, prints or other materials created by LoveTeekiePhotography while performing at the event.
2. We authorise LoveTeekiePhotography to arrange the photography of our family. We understand there is a 3 working day cooling-off period from the date of signing this contract (unless it’s a short notice booking of less 3 days, then contract is effective at signing) and for any orders placed.
3. We have read and understand LoveTeekiePhotography price list, which has been confirmed for our portrait session, on payment of the non refundable deposit/booking fee. We agree that payment of the initial deposit/booking fee confirms the booking of a family portrait session with LoveTeekiePhotography .
4. We agree to pay session fees in full including a non refundable retainer fee as set down by the terms of the chosen package and is required at the time the portrait session date is booked by the client, plus travel fees {if/as required}. Failure to pay the full amount on or before the date of the session will make the booking null and void and gives LoveTeekiePhotography the right to refuse to carry out the full photographic services. No photographs will be taken until this said payment is paid in full.
5. We acknowledge that in the event of a cancellation of the portrait session we agree that the deposit/ booking fee plus any travel costs {that have already been booked and are also non-refundable} will be forfeited. LoveTeekiePhotography may allow a transfer of session date within three (3) months of the date of this order, for the client entering into this agreement only. Receipts for any travel costs incurred will be provided for should they require the client to refund this cost due to cancellation. Should your postponement be outside of this 3 month period, prices will not be guaranteed to the same as at time of booking and fulfilment of the session will be at the discretion of the photographer.
6. We acknowledge that the booking of and any additional costs incurred for booking venues, photography locations etc are our responsibility and may be deducted from the photographic coverage unless paid for separately. (eg license for photographing in a certain venue is the responsibility of the client)
7. The details & times listed form part of this agreement and we agree to make every effort to cooperate in order for LoveTeekiePhotography to fulfil its contracted photographic duty. We acknowledge LoveTeekiePhotography cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if we chose not to follow the agreed to schedule.
8. We accept the responsibility to contact LoveTeekiePhotography, at least two weeks prior to our portrait session, to confirm details are correct and there are no alterations, to locations etc
9. We agree to immediately advise LoveTeekiePhotography in writing of any alterations in the details listed here including postponement or cancellation of the portrait session.
10. If Photographer is unable to perform to the guide lines of this contract due to a fire or other casualty, act of God, act of terrorism, or other cause beyond the control of the parties, or due to a grave illness of photographer; and if the Photographer is unable to provide another photographer that is agreeable to the client, then all fees paid by the client will be returned in full, LoveTeekiePhotography shall have no further liability with respect to the agreement. If LoveTeekiePhotography is unable to perform to the obligations in this contract for reasons outside the sole control of LoveTeekiePhotography, he/she will not be liable for costs in excess of the amount the client has paid. This limitation of liability will also apply in the event that negatives or digital images are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost without fault of the photographer, Aine Duffy.
11. We understand that our opportunity to view and choose or purchase images depending on your chosen package is available through an online viewing gallery within LoveTeekiePhotography's website. We understand that all parties required for purchasing need to view and choose the images. Should your access to the internet or personal situation create an issue with this, images may be chosen at the discretion of LoveTeekiePhotography to fulfil your chosen order. Digital Negatives (JPEGS), are presented in the highest resolution allowed by the equipment, supplied in JPEG format immediately upon selection from the gallery. Orders must be made within two weeks of your viewing gallery being made available, once orders are placed they cannot be altered other than to be added to. They will be archived after this period and a 150RM retrieval fee will apply and package discounts may not be offered, or any other discounts may not apply (this will be at LoveTeekiePhotography's discretion). Telephone orders need to be confirmed in writing. Please note after a period of 6 months, all unordered images will be deleted and there is no guarantee other images will be kept. Please take measures to ensure your images are protected as upon purchase they become your responsibility and LoveTeekiePhotography will not be liable should the data be destroyed, lost etc. Acceptance of the High Resolution Digital Negatives under this agreement constitutes the entering into a license agreement with LoveTeekiePhotography. This license permits the Client and their appointees to print copies of the images for their own personal use only. Additionally, the client agrees that by accepting the Digital Negatives that they are hereby fully responsible for maintaining and safely archiving the images and LoveTeekiePhotography will not be held accountable for any lost, unreadable or damaged files of their images. If the images are not available LoveTeekiePhotography shall not be held accountable and no form of reimbursement shall be made to the Client.
12. Full payment for any further orders added to your original package according to this agreement is required at the time of ordering. Should you choose to select to purchase further digital files from your gallery, 100% payment is required prior to receiving any files. Payment for all goods and services is required prior to postage or delivery by LoveTeekiePhotography.
13. Prices are subject to change without notice, however from the date of your viewing gallery is made available, prices are valid for you for 30 days.
14. We understand that LoveteekiePhotography will not be responsible for events on the day out of their control, such as lighting, weather, clothing choices and choice of venue/locations. Images will reflect what is presented and refunds will not be available. LoveteekiePhotography will supply you with information and resources to assist you in choosing what to wear and how to style your family in order to achieve the styling that you would like to see within your photographs.
15. Photographing any specific moment is not guaranteed by Photographer. The client may present the Photographer with a list of suggested photos, but the Photographer is unable to guarantee those photos.
16.It is illegal to use or copy images in any way or manner without written permission by Photographer. LoveTeekiePhotography retains all copyright. We agree the Copyright in all photographs is owned by LoveTeekiPhotography. We give permission to LoveTeekiePhotography to use any image from our Session including the client and any minor within their care, for industry competitions and required subsequent usage and for reasonable general promotional advertising for LoveTeekiPhotography including but not limited to Social Networking websites such as Facebook, Instagram, and LoveTeekiePhotography websites and blogs. The usage for any other purpose is to be renegotiated between the parties and requires specific permission. We acknowledge we cannot give any digital files/images by LoveTeekiePhotography to other vendors from our session. Should they wish to use them for their promotional purposes they need to contact LoveTeekiePhotography and negotiate this. Usage of images outside of of these terms will incur a fee of $500/image invoiced to us should this negotiation not take place and images are used without consent, by third party vendors.
17. The digital negatives from the session by LoveTeekiePhotography will have already gone through a post- production process. RAW files straight out of camera can not be purchased or included under any circumstances. LoveteekiePhotography reserves the right to make selection and delete files surplus to requirements for the gallery. Not every frame taken at the session will be included in the final gallery. These final JPEG images shall be deemed as correct. Requests for changes, digital imaging/post production can be made and are subject to approval by LoveTeekiePhotography and will incur an editing surcharge - price on application. Editing charges are in addition to the cost of any printing and are payable in FULL before the editing commences.
18. DANGEROUS CONDITIONS. If during the Assignment, LoveTeekiePhotography or their employees/staff are exposed to: (a) conditions which imperil or cause LoveTeekiePhotography or employees to fear for their safety, or (b) objectionable or illegal acts to which LoveTeekiePhotography and employees do not wish to be a party or witness too, (c) damages to the equipment, (d) offensive language, abuse or threatening acts, then LoveTeekiePhotography reserves the right to immediately protect LoveTeekiePhotography interests, employees and staff, including but not limited to a cessation of the Assignment, leaving the Assignment location(s), and/or terminating this Agreement. In such circumstances, LoveTeekiePhotography will not refund any moneys paid by Client. Client shall indemnify LoveTeekiePhotography from any damage or injury that LoveTeekiePhotography or employees may sustain, arising from, or related to, any hazardous conditions which imperil or cause LoveTeekiePhotography or employees to fear for their safety and well-being while performing the Assignment.
19. In the event that LoveTeekiePhotography is required to file a legal action to collect fees due from Client under this Agreement, or to otherwise enforce this Agreement, LoveTeekiePhotography shall be entitled to recover all cost and expenses incurred by LoveTeekiePhotography relation to such legal action, including an award of reasonable lawyer’s fees.
20. Photographs taken at the event of anyone present and then presented by LoveTeekiePhotography may be used by Photographer for the purpose of display, portfolio, advertising, website or any publication to promote LoveTeekiePhotography, and the images can be used without additional compensation to the undersigned.
21. We agree to not copy images used for promotional purposes and share them as our own. We agree to not screen capture and print images.
22. As an artist, Aine Duffy, of LoveTeekiePhotography, retains complete control over the final look of the client’s images. Scanned images damage her reputation as a photographer by distorting and devaluing the image quality. Digital files may not be altered in any image manipulation program. For example, images cannot be changed from colour to half black and white and colour, or simply from colour to black and white or cropped. This includes any Instagram, Facebook, or similar filter.
23. LoveTeekiePhotography understand that sometimes there are circumstances where you may wish for your images not to be used for any of these purposes. Please notify the photographer if this is the case, and this can be negotiated No fees, royalties, or payment of any kind will be owed in connection with any usage made of any image captured or created by LoveTeekiePhotography
24. Sessions are for a maximum of six people and must include immediate family only. Additional people are charged at 50rm/person.
Changes of this contract must be in writing and signed by both parties. All parties have read this contract and full. By completing the following information it is understood that you have read and agree to the terms of this contract. This contract is not valid until all payments have been paid and the contract is signed.
