terms + conditions
Please make sure you familiarise yourself with my standard terms and conditions before enquiring. The terms and conditions of our working relationship are defined below and govern all projects I undertake for you or services that I provide to you. In these Terms and Conditions, “Client”, “you” or “your” means you, a person or entity entering into an agreement with us for the supply of photographic services and any associated goods, and includes your agents and permitted assigns, and “Photographer”, “me” or “I” means Breeana Dunbar Photography ABN 50 797 341 499, as the supplier of the photographic services and any associated goods and includes our agents and permitted assigns. Please note that an acceptance of a quote/invoice from me is an acceptance of these terms and conditions.
The following definitions apply:
“Fee” means the estimated fee for provision of my Services and any associated Goods as agreed in a quote and further described in these Terms and Conditions, including any Deposit.
“Final Images” means the selected, retouched images delivered by me in accordance with these Terms and Conditions and pursuant to the quote/invoice.
“Goods” means any goods supplied by in the course of providing the Services.
“Project” means the photographic work I am doing for you as set out in a quote.
“Quote” means the agreed schedule of Services to be provided, on the agreed dates and times and at the agreed location for the Fee, incorporating these Terms and Conditions.
“Services” means the photographic and related services to be provided by me to you in accordance with a Quote and these Terms and Conditions
These Terms and Conditions shall not be varied or waived unless we both agree in writing.
I will use best endeavours to provide still photographic services in accordance with the particulars agreed by you and us as contained in the Quote/brief. I am not liable to you in the event you and/or your key individuals fail to appear, do not arrive on time, or fail to cooperate during the photographic session, or for missed images due to relevant details not revealed to us, or any other circumstances otherwise beyond our control.
You acknowledge the importance of your punctuality on the time and date of the photographic and that your late arrival or any other departure by you from the Project particulars agreed in the Quote may adversely impact the session duration or the quality of the Final Images, and that I shall have no liability to you in the event this occurs.
While every effort will be made by me to capture as many of your requests as possible, you acknowledge that a photoshoot is an unpredictable event, and as such I cannot guarantee delivery of any specific requested image(s).
I will use best endeavours to deliver the number of Final Images agreed in the Quote via electronic gallery approximately 2 weeks’ post-session. The gallery will contain four versions of each Final Image; high resolution colour and black and white jpegs, for printing up to 8x12 inches, and web-sized colour and black and white jpegs. We will convert Final Images from raw format to jpegs for you. The raw images are unfinished images, and are not available for viewing or purchase by you. I will select the Final Images from the session. I reserve the right to release only the images that meet my professional and artistic standards, in my sole discretion. Images deemed 'outtakes' by me are test shots which have assisted me to create the Final Images. These images are not available for viewing or purchase by you. I will use best endeavours to store the Final Images from this session for two years. Images are archived 12 months after the date of the session and a fee applies to retrieve the images from the archive, which shall be invoiced to you and is payable prior to release of the retrieved images.
Image Correction, Adjustments, Retouching Errors & Omissions
I will, at my discretion, perform basic post-production retouching of the Final Images. This may include colour-correction, sharpening, basic skin retouching to remove skin imperfections, exposure correction or similar. More detailed or specifically requested editing, including but not limited as the removal of large objects, head swaps and other compositing, and/or changing the colour of objects, will be an additional cost and will be invoiced to you separately.
FEES AND DEPOSITS
Upon your acceptance of the Quote I will send you a tax invoice for payment of me Fee.
If my Fee has been quoted on the basis of completion of the Project, it is understood that the figure quoted is an estimate, and accordingly I reserve the right to charge for all work done, including incurred expenses, if for any reason, the work commissioned takes longer than the time originally anticipated at the date of the Quote. Fees quoted in a Quote are valid for 30 days
I require a $100 Deposit payment to secure the booking for your Project and the final payment due on the day after your photography session and prior to the supply of the Final Images.
Where I have already issued our invoice, any revisions, alterations or modifications that add work to the project scope in the Quote will be invoiced in full separately.
Your invoices must be paid as and when due, according to the invoice due date. If your invoice is due but unpaid, in addition to withholding release of the Final Images, I may also suspend the provision of any further Services or associated Goods until overdue amounts are paid in full. I have absolute discretion to apply any payment received from you to any amount owing by you.
Accounts more than one month overdue will be handed on to my debt collection agency. All expenses, costs or disbursements incurred by me in the recovery of monies outstanding shall be paid by you.
CANCELLATIONS / RESCHEDULING
Cancellation by you
At least seven (7) days’ notice is required to be given by you in the event you require to cancel your photographic session (“Cancellation”) or change the date of your photographic session contained in a Quote (“Reschedule”). Deposit funds previously paid to us will be forfeited by you in the event that you give us less than seven (7) days’ notice of a Cancellation or Reschedule. Where you do provide us with at least seven (7) days’ notice of a Reschedule, your Deposit will be credited to your rescheduled session. Where you provide at least seven (7) days’ notice of a Cancellation, your Deposit will be refunded to you.
Cancellation by us
In the event I cannot attend your photographic session at the date or time agreed in the Quote due to my illness or emergency or other unforeseen circumstance, cancellation and return of your Deposit, or reschedule of the date of the photographic session to another mutually convenient time, is at your option. Where, in my opinion, inclement weather or other adverse conditions prevent the creation of images to my artistic standards, I may suggest an alternate location or elect to cancel the photographic session. Where I elect to cancel the photographic session due to adverse conditions, you will be entitled to return of your Deposit. Where, in my discretion I consider my health and safety or anyone associated with me is threatened or at risk I reserve the right to cancel the photographic session. This includes, but is not limited to, sexual harassment, harassment of any kind, threatening behaviour, and threats to damage my photographic equipment. Where I cancel on occupational health and safety grounds where such health or safety risk is caused by you or someone associated with you, your Deposit will be forfeited.
COPYRIGHT AND OWNERSHIP
Ownership of Intellectual Property Rights
Delivery of the Final Images will include the published form of the images. Except as provided for in these Terms and Conditions, all intellectual property rights in the Final Images are my sole and exclusive property as and when they are created. Subject to payment of all Fees in full, you are granted rights to use and reproduce the Final Images in accordance with the Permitted Use, below:
Subject to payment of all Fees, you are granted a royalty-free, non-exclusive, perpetual, licence to use, reproduce and publish the Final Images for non-commercial purposes, subject to following conditions:
(a) unless specifically agreed, the license does not confer any intellectual property rights to you, except as a licensee; (b) the license will begin operating from the date of payment of our Fees in full; (c) you indemnify me, and will keep me indemnified, against any loss, damage or claim arising in any way, whether directly or indirectly, from any breach of this license, or any claim by any third party in relation to your use of the Final Images; (d) you must not use the Final Images so as to derogate or harm or adversely reflect on me reputation; (e) you must not resell the Final Images unless I provide my prior consent in writing; (f) you must not edit, distort, alter or otherwise treat the Final Images in a derogatory manner. For the avoidance of doubt, I retain all our moral rights in respect of the Final Images; (g) you agree to credit Breeana Dunbar Photography (“Photo by Breeana Dunbar”) in any publications incorporating the Final Images including all social media and ensure any third parties do the same where the Final Images are shared with such third parties; and (h) you must not represent that I have approved or endorsed you, your products or services in connection with the Final Imagery without my consent. Upon request, I may agree to grant you a licence in the Final Images for commercial purposes, subject to payment of an additional royalty fee. The terms of any such commercial licence will be agreed separately.
Our Use of the Final Images
Notwithstanding anything above, I retain the right to use the Final Images in my promotional and marketing activities, including participation in photographic competitions, use in photographic publications and other electronic, printed or other portfolio use. The Photographer may use images from this session in her online portfolio, including but not limited to posting the images to her website and social media accounts. The Photographer will seek the permission of the Client to use the images in any way that is outside the normal practice of promoting her business.
You acknowledge that you are familiar with my portfolio of photographic works to date and that you are requesting my photographic services in the knowledge of my artistic style. You further acknowledge that my work is constantly evolving, that photography is unique and artistic in nature, that the images from one project may be different from the images taken by me in previous projects, and that in creating the images, I use my personal artistic judgment to create images consistent with my personal vision of the session, which may be different from your vision. Accordingly, you acknowledge that the images shall not be subject to rejection on the basis of taste or aesthetic criteria, and you agree to ensure any specific requests you may have with regard to the Project are contained in the Quote and discussed with us in advance.
EXCLUSIVE CAPTURE AND SUBJECTS
I reserve the right to be the sole photographer on the Project, unless otherwise agreed by me in advance. You agree that any guests or other associated persons of you shall not be permitted to take photos of my setups, equipment, poses or arrangements without my prior written agreement. You agree with me that good faith cooperation and communication is essential in order to obtain the optimum result from the Project. I request that you identify and make known to us the individuals important to the Project at the commencement of the session, if you wish to have them photographed. I am not liable to you in the event your desired guests or other photographic subjects are not photographed if they are not made known to me or otherwise gathered for photographs by you or your nominated representative during the photographic session.
limit of liability
I agree to take the utmost care with respect to the exposure, retouching, and transportation of digital files and prints from your photographic session. However, in the unlikely event that all the original files are lost, stolen, damaged or destroyed for any reason, my liability is limited to the refund of Deposit and any Fees received, or the reshooting of the session without charge. The limit of liability for partial loss or damage shall be a prorated amount of the total Fee, based on the percentage of originals lost or damaged. I shall not be liable for any loss or damages caused by or arising from your publication or other use of the Final Images.
You agree to indemnify me and my officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by the use or publication of the Final Images by you or your officers, employees, agents, contractors or consultants, whether in accordance with these Terms or Conditions or otherwise, regardless of whether such use or publication was authorised by you.
I undertake, and you agree that you shall undertake, to keep secret and protect and preserve the confidential nature and secrecy of information provided by one of us to the other or otherwise acquired from one of us by the other and which is not generally available to the public.