R.A.D BLACKSTAR PHOTOGRAPHY CONTRACT
Terms and Conditions
THIS AGREEMENT is made as of the receipt of payment (the “Effective Date”) between the person/organisation (“Client”), and your assigned photographer from R.A.D BlackStar (“Photographer”). By placing a booking through R.A.D BLACKSTAR, you agree to be bound by the terms and conditions set forth in this contract, effective as of the date on which the Client submits payment of the Deposit or Full Payment, whichever is first received (the “Effective Date”).".
THE CLIENT
1. Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide photography services. Client confirms the given invoice and understands their date is held once Deposit paid, before full payment is due 2 weeks prior to the booked date. Client acknowledges and agrees that the Photographer will deliver the quantity of images specified in the selected package.
2. Deposit. Full payment is required prior to session or Event. The Deposit (if requested) is not refundable after cooling-off period of 2 weeks (a 14-day period from the Effective Date in which the Client may cancel for a full refund). The Deposit or full payment will be held should Client reschedule with notice less than 2 weeks, if the session or event has been rescheduled exceeding one time, if full payment not received, or in instances of no-show to sessions or Event. If for any reason, full payment is not made, image gallery will not be delivered, and a $25 late fee is to be incurred every 4 weeks that payment has not been made.
3. Safety. Appropriate Client behaviour toward Photographer and its employees are to be upheld. In the instance of any inappropriate, threatening, hostile or offensive behaviour from the client or any associate of the client, a verbal warning will be given. If the inappropriate behaviour persists, Photographer holds the right to end the session and retain any monies paid hereunder as a result. The Client agrees to hold the Photographer harmless for any incomplete coverage or early termination of the session resulting from safety concerns caused by inappropriate conduct by the Client or their associates.
4. Consents. Client will ensure that all required consents have been obtained prior to performance of the Services, including any consents required from venues or locations where the Services are to be performed, or from attendees or participants of the Services. Client agrees to tag and credit @radblackstar if sharing images on Instagram, or tagging Facebook Page 'BlackStar Photography'. Photographer owns and retains full Copyright of any and all images taken. Permission is granted by you to use the images as we see fit for all Media, Marketing and Promotion including but not limited to Meta Ads, Online and Print.
5. Style. Client acknowledges and agrees that Photographer’s previous work and portfolio has been reviewed and that Photographer will perform the Services in a similar style. Photographer will use its artistic judgement when delivering the final images which may slightly differ from portfolio. Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions or moodboards given. Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
6. Expenses. One meal is to be provided on sessions and Events with coverage of four hours or more. Meals must be provided at the same time as wedding party so as not to interfere with capturing speeches/events. A travel fee starting from $50 applies for locations outside of 20km from Sydney CBD, exact fee to be stated on invoice. Additional fees will apply for travel outside of NSW which may include but not limited to: flights, accommodation, meals. Travel for the photographer between locations during session or Event is to be arranged by Client (e.g., between Ceremony to Reception location).
THE PHOTOGRAPHER
1. Booking. All bookings must be confirmed in writing and accompanied by full payment prior to session or Event. If there is failure to pay, the photography service will not be provided until paid in full.
2. Delivery. Depending on scope of shoot, either a WeTransfer link with 3 day expiry, or Pixieset password-protected online gallery will be shared and available for download until 3 months. All image downloads are to be made within the time frame advised by photographer. The number of images delivered varies depending on the package selected, with a general expectation of approximately 25-50 images per hour of photography, depending on package chosen. Delivered images will have a maximum resolution of 2048x on the longest side, suitable for social media sharing, and small format prints for albums. The Client is granted a non-exclusive, non-transferable license to use the delivered images for personal use. Commercial use or resale of images is not permitted without prior written consent and will incur additional licensing fees. Anybody with the link and password can access, share, and reproduce for personal use however, shall not sell said reproductions or prints. Unedited JPEG files may be provided to the Client upon request for an additional charge.
3. Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions or moodboards given. Photographer will use its artistic judgement when delivering the final images which may differ from portfolio. Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
4. Replacement. In the event that Photographer is unable to perform the Services, subject to Client’s consent, the Photographer shall arrange a replacement to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.
5. Force Majeure. If the Photographer cannot perform this Agreement due to a fire, casualty, lockdown, strike, severe illness, or other cause beyond the control of the parties, then the Photographer shall return any funds paid by the Client but shall have no further liability with respect to the Agreement. The photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and delivery of the material. If however, the material is lost, stolen, or damaged for any reason, the photographer shall also refund all monies received and her liability shall be limited to this refund.
6. Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product the Photographer provides to Client.
7. Term. This Agreement will begin on the Effective Date and continue until the date where all final Work Product has been delivered (“Term”).
This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.