general terms + conditions

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 me 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 my agents and permitted assigns. Please note that an acceptance of a quote/invoice/engaging me in work is an acceptance of these terms and conditions.

GENERAL

The following definitions apply:

“Fee” means the estimated fee for the provision of my Services and any associated Goods as agreed by us and further described in these terms and conditions, including any retainer.

“Final Images” means the selected, retouched images delivered by me in accordance with these terms and conditions and pursuant to the quote or invoice.

“Goods” means any Goods supplied by me in the course of providing the Services.

“Project” means the photographic work I am providing to you.

“Services” means the photographic and related Services to be provided by me to you in accordance with a quote or invoice and these terms and conditions.

“Retainer” means any monies paid to me by you prior to the undertaking of the project.

These terms and conditions shall not be varied or waived unless we both agree in writing.

SERVICES

I will use best endeavours to provide still photographic Services in accordance with the particulars agreed by you and me as contained in the quote, brief, or invoice. 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 me, or any other circumstances otherwise beyond my control.

You acknowledge the importance of your punctuality on the time and date of the photographic session and that your late arrival or any other departure by you from the Project particulars agreed in the quote, brief, or invoice 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).

DELIVERABLES

I will use best endeavours to deliver the agreed number of Final Images to you via electronic, downloadable gallery approximately 2 weeks’ post-session, barring unforeseen circumstances and unless another date is negotiated. The gallery will contain four versions of each Final Image; high resolution colour jpegs, high resolution black and white jpegs, for printing up to 8x12 inches, web-sized colour jpegs and web-sized black and white jpegs, for use on website and social media. I will convert the 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, except in cases there is a prior agreement that you will receive a proofing gallery to select the Final Images for editing by me. I will select the proofs for the proofing gallery. I reserve the right to release only the images that meet my professional and artistic standards, at 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 five 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 the release of the retrieved images.

Image Correction + Adjustments

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 non-permanent skin imperfections such as pimples, exposure correction, and similar. More detailed or specifically requested editing, including but not limited to the removal of large objects, head swaps and other compositing, subject extraction/deep etching, and changing the colour of objects, will be an additional cost and will be invoiced to you separately.

FEEs

Upon engaging me, I will send you a tax invoice for payment of the Fee.

Unless an alternative arrangement has been agreed to between myself and you, I require a $100 Retainer 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.

If the 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. Fees quoted are valid for 30 days.

Where I have already issued the invoice, any revisions, alterations, or modifications that add work to the Project scope 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.

Late Payments

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 (“Reschedule”). Retainer funds previously paid to me will be forfeited by you in the event that you give me less than seven (7) days’ notice of a Cancellation or Reschedule. Where you do provide me with at least seven (7) days’ notice of a Reschedule, your Retainer will be credited to your rescheduled session. Where you provide at least seven (7) days’ notice of a Cancellation, your Retainer will be refunded to you. In the case of a Client's genuine emergency or illness within seven (7) days’ of the photographic session, the return of the Retainer or the transfer of the Retainer to another date is at my discretion.

Cancellation by me

In the event I cannot attend your photographic session at the date or time agreed to due to my illness or emergency or other unforeseen circumstance, you may choose between the cancellation and return of your Retainer, or rescheduling the date of the photographic session to another mutually convenient time. If the photographic session is an event that cannot be rescheduled, I will assist you to secure another photographer, where this is possible. 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 reschedule your session or you may choose to cancel your session and have your Retainer returned. Where, at 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 Retainer will be forfeited.

COPYRIGHT + 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:

Permitted Use

Subject to payment of all Fees, you are granted an Australia-wide, royalty-free, exclusive, perpetual licence to use, reproduce and publish the Final Images for print and web media use, assuming no conflict with any talent releases associated with the Project. This includes using the images on your website, social media accounts, small promotional materials such as postcards, brochures, and similar. Your use of the images is subject to the 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 my 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 obtain my permission before allowing third parties to use the images and agree that third party use may be subject to a separate images licence fee for the third party; (h) 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 third parties; and (i) 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. Commercial purposes may include creating commercial, for-profit products using the Final Images, such as books, framed prints, posters, billboards, use in television commercials, or overseas use. The terms of any such commercial licence will be agreed to separately.

My Use of the Final Images

Notwithstanding anything above, unless otherwise negotiated, I may use the Final Images in my online portfolio, including but not limited to using the images to my website and social media accounts. I will seek your permission to use Final Images in any way that is outside the normal practice of promoting my business. I will not grant licences to use the Final Images to any other entity without your written consent.

MODEL/TALENT or other RELEASES

You are responsible for procuring any model/talent, property, or any other release associated with the Project. If assistance or advice is required, you will raise this with me in advance of the Project.

ARTISTIC STYLE

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 this 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 Final 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 brief and discussed with me in well in advance.

EXCLUSIVE CAPTURE + 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 persons associated with you shall not be permitted to take photos of my setups, equipment, poses or arrangements without my prior 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 me 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 Retainer 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.

InDEMNITY

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.

CONFIDENTIALITY

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.