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Terms & Conditions

This agreement for photography and videography services is between

Brett Goldsmith Photography, of 8/393 Toorak Road, South Yarra, Victoria, 3141 a sole trader registered in Victoria (ABN 69 235 982 964) (the “Photographer”)

and

the people, company, group, entity who engages The Photographer’s services (the “Client”).

  1. The Photographer shall provide photography and/or videography services for the Client (the “Services”) on an agreed day (the “Shoot Day”).
  2. The Photographer will provide a selection of photographs and videos taken on the Shoot Day to be delivered within 4 weeks of the Shoot Day, via Dropbox in both low-resolution & high-resolution jpeg format (the “Photographs”).
  3. The Photographer shall provide the Services and the Photographs for an agreed fee (plus travel and plus GST where applicable) (the “Fee”).
  4. The Client agrees to pay the Photographers the Fee, 30 days after the issue of an invoice, unless stated otherwise on the invoice.
  5. In the event the Shoot Day is cancelled by the Client for any reason whatsoever within 24 hours of the Shoot Day, the Client will be charged a cancellation fee.
  6. The Photographer retains all rights, copyrights and all intellectual property to the images and reserves the right to use these images at any time.
  7. The Photographer will allow the Client use of the copyright of the Photographs for 12 months from receipt of payment of the invoice. If the Client wishes to use the images beyond 12 months, the Photographer will issue a further invoice for 'usage' of the images and The Photographer will allow the Client use of the copyright of the Photographs for a further 12 months from receipt of payment of the invoice.
  8. In the event that the Fee is not paid within 30 days of the issue of the invoice, the Photographer revokes permission of any use of the Photographs from the Client. Continued use of the Photographs by the Client will be considered copyright infringement and a cease and desist letter will be issued.
  9. The Photographer shall take all reasonable care and professional diligence in the provision of their services; including using professional grade equipment and techniques. However, in the event of the Client’s photographs being lost, stolen or destroyed for reasons beyond the control of the Photographers, the Photographer’s liability is limited voiding the Fee. The limit of liability for lost, stolen or damaged photos shall not exceed the Fee. 
  10. The Client shall assist and cooperate with the Photographer in obtaining the desired Photographs, including but not limited to specifying scenes to be photographed. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable instruction, assistance or cooperation.
  11. The Client acknowledges and accepts that the quantity of photographs taken on the shoot day can vary greatly and that photography by nature is a subjectively appreciated art, resulting from the creativity of the Photographer and their personal artistic style.
  12. The Client acknowledges and agrees that they have chosen the Photographer because of their photographic style (as represented on the Photographer’s website) and grant the Photographer the right to exercise their creativity and judgment in the delivery of the Services and the Photographs. The Client accepts they may not demand a refund, a redo or other compensation due to differences in artistic preferences as reflected in the Photographs provided.
  13. The Client acknowledges that the coverage of the Shoot Day can be impacted by variable conditions and occurrences including, but not limited to, climatic conditions, activities of the general public and participants, idiosyncrasies of the location, participants and other unforeseeable situations, and the Client acknowledges and accepts that such occurrences and situations may impact on the content and quality of the Photographs notwithstanding the best endeavours of the Photographers.
  14. This Agreement may be executed in counterparts. The execution of the signature page of this Agreement shall constitute the execution of the Agreement.