Where referred to in these terms and conditions, “the client” means the couple detailed on the booking form and “the photographer” means Dawn Dutton Photography LTD. It is mutually agreed by the client and the photographer that the following terms and conditions form an integral part of this agreement.
We the client hereby assign the photography for our wedding to Dawn Dutton Photography LTD
1. Dawn Dutton Photography LTD is retained by the client as the exclusive official photographer for the wedding of the client. In order to provide the best service and photographs possible, the photographer must be the only vendor offering a photography service at the wedding. Other vendors offering photography as an 'add-on' to their primary service are not permitted. Amateur or professional photographers who are guests/family members are welcome to capture some moments during the celebrations at your discretion; however, no other photography is permitted during the family/group shots and the exclusive client creative sessions. If the guest/family member/vendor is hindering or inhibiting the ability the photographer to document the wedding effectively the photographer will request that this ceases. The photographer cannot be held responsible for shots missed or compromised due to interference by other wedding guests, or vendors.
2. To confirm and book your photographic package, a date reservation fee of $850 is required to reserve the date, with the remainder to be paid 2 weeks before your wedding date. The Client agrees if the balance is not paid by this time, The Photographer may not photograph the Wedding Day described on the contract, with a loss of the date reservation fee by the client, and no liability to the photographer. Dawn Dutton Photography shall reserve the date and time agreed upon, and will not make any other reservations or accept any other clients for the said date and time. For this reason, the date reservation fee is non-refundable, even if the date is changed or the wedding cancelled for any reason, including acts of God, flood, explosion, fire, storm, earthquake, subsidence, armed conflict, warfare, pandemic, government laws or regulations, accidents, electrical failure, interruption in transportation, strikes by suppliers or any other cause outside the Photographer’s control. The photographer must be notified immediately of any changes in schedule or location, at least 7 days in advance of the scheduled event date. If the client notifies the photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. Please note that any alterations made to the booking by the client once details have been confirmed may only be made at the discretion of the photographer and in some circumstances (such as the change of ceremony date for a wedding booking) The Photographer may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances, the photographer is not liable to compensate the client in any way whatsoever. If the event is cancelled within two weeks of the event date, all payments made are non-refundable. The photographer agrees not to change the package or fee once the booking has been confirmed. The photographer constantly aims to improve its customer service and therefore reserves the right to alter product specifications without notice.
3. In the event of total photographic failure or cancellation of this agreement by either party, whether caused by negligence or in any other circumstances, the liability of one party to the other shall be limited to the total value of monies paid, and such amount shall be in full and final satisfaction of any damage or loss suffered by either party. Neither party shall be liable for indirect or consequential loss.
4. All care and diligence will be exercised in the performance of the above assignment and that the liability is limited to monies paid should mechanical failure, theft, accident, ill health or any other mishap occur which prevents the fulfilment of the agreement. In the unlikely event of severe illness of The Photographer, medical, natural, or other emergencies it could be necessary to retain an associate photographer to cover The Event. The Photographer will make every effort to secure a skilled replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package. Dawn Dutton Photography will ensure complete control over final editing, post production and treatment of images.
5. FORCE MAJEURE AND LIMITATION OF LIABILITY, The Photographer may choose to be excused of any further performance obligations in the event of a disastrous or hazardous occurrence outside the control of The Photographer, such as: an act of God but not limited to (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemic, infestation, governmental order, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), The due performance of the contract is subject to alteration or cancellation by The Photographer owing to any cause beyond their control and the date reservation fee paid to The Photographer shall not be refunded. Neither you nor the photographer shall be liable for any loss or damage arising directly or indirectly due to any act of God including interruption to transportation, delays or cancellations in any organised travel, weather or any other cause outside of the photographer’s control.
6. PROTOCOLS IN EVENT OF HEALTH PANDEMIC OR STATE OF EMERGENCY The Photographer and The Client agree that no performance will be required of either party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders. If, during the Term of this Agreement, any Health Pandemic, as defined by the CDC, WHO or Prevention Agency guidelines ("Health Pandemic") arises, and The Photographer deems providing the services under this Agreement would put The Client, other vendors, The Photographer's staff or personnel at risk, it is in the sole exclusive discretion of The Photographer as to whether or not the services must be cancelled or postponed. In the event of a cancellation or postponement due to a Health
Pandemic is required, no monies paid to The Photographer shall be refunded. However, The Photographer shall provide The Client with available options for a date transfer as soon as is reasonably practical. Date transfers will be offered for packages at an equal cost to the original package amount under this Agreement. The Parties agree that, due to the extreme and sometimes sudden circumstances that Health Pandemic would create, a date transfer option allows the photographer and the client to reach a mutually conducive solution, the date retainer fee is non refundable but is transferable to another photographic service offered by The Photographer.
7. Personal Use License: means you can use images for personal and non-commercial uses limited to; (a) you may make prints, greeting cards, photo books or albums for yourself or to give away as gifts; and (b) you may place low resolution copies of the images on your personal, social Networking, or other similar web pages. You may not make derivatives of the images, edit, sell or otherwise profit from the images or license, assign or transfer the rights of the images. You may not provide any photographs to vendors or companies for their own promotion without the consent of Dawn Dutton Photography. It is understood that all images produced on the day remain the copyright of Dawn Dutton Photography, and may be used for advertising, display and promotion or any purpose thought proper, without payment.
8. All final image treatment, post production, processing, editing, styles, effects and overall look of the images is left to the discretion of the photographer. The photographer shall edit all images to match her style, but won’t perform any cosmetic manipulation in post-production, i.e. skin softening, wrinkle removal, body slimming, tan line removal, teeth whitening, etc. If cosmetic manipulation or any additional processing is requested after delivery of images, this can be organised for an extra cost $50/image. Final images shall not be altered or changed in any way (this includes social media filters), without the consent of the photographer.
9. It is understood that the photographer requires sufficient warning of key events at the wedding to give her suitable and enough time to prepare for capturing any necessary or important moments e.g. bouquet throwing, cutting of the cake, speeches, first dance, and/or any other important formalities or surprises. It is understood that if any additional time outside of our chosen package is required, it will be invoiced to us after the wedding date, at a rate of $395 per hour.
10. You are responsible for your own safety and actions/conduct of your guests on the wedding day and during the portrait bridal party session. The photographer and/or anyone on her team is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session. If for any reason the photographer and/or her team feel uncomfortable and/or at risk (due to another person’s behaviour, for example) then they may leave the location and move to another and not be held liable for the lack of images during this time. Should the risk continue the photographer and any of her team may terminate the rest of the session and leave immediately, without any compensation to you the client. Both you and the photographer agree to communicate with each other to achieve the best possible result within the understanding of this contract. The Photographer will not tolerate any verbally or physically abusive behaviour, unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times photographs must be re-taken; and if the client is unable to control the conduct of guests at the wedding resulting in an unacceptable degree of misconduct, or if the conduct of any of the client’s guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The client agrees that in such an event, no refunds will be granted.
11. It is recommended that the photographer be provided with a helper, who knows most of the people from the wedding group (usually the best man or MC is most suitable), simply to help organise key individuals to be photographed for the family photograph session. It is understood that in the unlikely event that a wedding guest or family member disagrees to, or disapproves of being photographed, then the photographer cannot be held responsible for the lack of images of said person.
12. It is understood that depending on the time of year and season, processing time and completion of wedding photographs can take anywhere from 4 to 6 weeks.
13. Dawn Dutton Photography accepts cash, bank transfer (ANZ 06-0493-0465008-00) and credit card however; international & credit card payments can be made via PayPal, but do incur a 5% fee (charged from PayPal).
14. It is understood that the photographer shall not be responsible for covering any costs / permissions required that are involved or relating to any specific desired locations (such as national parks, public gardens etc.) for any photography sessions, and that the photographer is not liable to cover any such related costs.
15. Due to the length of the day & obvious time constraints, a dinner meal is required for the photographer (& anyone else on the photographer’s team). The Client agrees to organise this with the venue / caterers prior to the wedding and ensure that the meal is provided towards the beginning of dinner service. The Photographer cannot guarantee coverage of events immediately following dinner service if the meal is provided at the end of service.
16. In the event of a second photographer being added to your wedding package. It is the responsibility of The Photographer to arrange a photographer who she is confident has the knowledge and equipment to perform at The Photographers standards. The Client will not be involved in the selection of the second shooter. The Client also understands that the second shooter is working as an assistant to The Photographer and will not be delivering a separate gallery to The Client. The Client agrees to not contact the second shooter privately, before or after the event, to request photos from the event or for any other reason relating to the photography of the event, all communication is to be through Dawn Dutton Photography.
17. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond The Photographer’s control, prior to final delivery, The Photographer’s liability is limited to the return of all payments received for the event package.
18. Once the Client receives the Photographic Works, they accept all responsibility for archiving and protecting any digital files related to the Event. Dawn Dutton Photography will archive the digital files for up to 1 year after the event but does not permanently archive these files. The Photographer is not responsible for the lifespan of any digital media provided, or for any future changes in digital technology or media readers that might result in an inability to read the data provided. It is the Clients responsibility to make sure that digital files are copied to new media and backed up as required. The photographer strongly recommends keeping at least one archival back-up of your digital files in a different location (e.g. online backup).
19. Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection. The Client must advise The Photographer as to whether any material or information communicated to her is of a confidential nature. The Photographer will keep confidential material or information communicated to her in confidence for the purposes of the photography contract, information will only be used by Dawn Dutton Photography and will not be shared with third parties.
20. The client undertakes to indemnify The Photographer for any loss, damage, or expense (including costs as between solicitor-client bases) suffered or incurred as a result of any breach by The Client of these conditions or in recovering any moneys due and such loss, damage or expense shall be moneys due for the purpose of these terms and conditions.
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