TERMS + CONDITIONS
BY USING THIS WEBSITE ALL PERSONS AGREE TO THE FOLLOWING:
The person(s) whose name appears on this contract, known as “Client”, agree that THE IVORY STORY, known as “Photographer”, shall provide services to photograph their wedding day to the best of the photographer’s abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties and any modifications must be in writing, signed by both parties and physically attached to the original agreement.
A completed agreement and initial non-refundable 20% deposit of the total package selected are required to secure the specified coverage and event date.
3. DESIRED EVENT PLAN
The Photographer recommends that The Client complete the "desired event plan' no later than 14 days prior to the wedding. The “desired event plan” should point out important individuals, The Client wishes to have informal or candid photographs with during the wedding. The photographer will not be held responsible for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to The Photographer. Shooting commences at the scheduled start time and the Photographer will have no further obligation to make up for scheduled time missed.
4. PRE-EVENT CONSULTATION
The parties also agree to attend a pre-event consultation within 7 days before the event date in order to finalise the actual photography times, locations, and the Client's “desired event plan”. The bride and/or groom agree to set aside a minimum of 30 minutes of time after the ceremony for family portraits, and a minimum of 60 minutes of time after the ceremony for bride, groom and bridal party location photographs. It will be at the bride and/or grooms discretion if they would like to allow time for guests to congratulate them after the ceremony. The Photographer takes no responsibility for photographs not taken as a result of the Client not adhering to the agreed schedule outlined in the “desired event plan”.
5. COOPERATION & ASSISTANCE
The parties agree to cheerful and cooperative communication for the best possible result within the definition of this assignment. The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
6. HOUSE RULES
The photographer is limited by the guidelines of the ceremony official or reception site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the Client's responsibility; The Photographer will offer technical recommendations only.
The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.
8. CANCELLATION POLICY
If for any reason the Client cancels this contract before the wedding date, Photographer will keep the initial 20% non-refundable deposit. Cancellation must be made in writing, signed by both Parties either in person or via clear email communication. If the Client fails to supply written cancellation as specified before the wedding date or cancels within 30 days of the wedding date, the Client shall be required to pay the full balance due.
9. FINER DETAILS
Parties being photographed must be dressed, made up and prepared at the exact designated start time. Sessions will begin and end promptly as scheduled. Photographer captures the “essence” of your event; the finer details (combed hair, clean faces, clean fingernails, nail polish, temporary tattoos, jewellery etc.) are the persons’ own responsibility. Removing these items before the session will be much simpler and more cost-effective for the Client.
Ensuring the appropriate behaviour of all guests and other persons at the wedding and other events covered by Photographer shall be the responsibility of the Client. In the event Photographer or their employee experiences any inappropriate, threatening, hostile or offensive behaviour from any guest or other person at the wedding or other event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offence: a verbal warning will be issued to a family member of the Client; second offence: the offending person will be required to leave the wedding or event; third offence: Photographer will end wedding coverage immediately and leave the event, Photographer shall be entitled to retain all monies paid hereunder and the Client agrees to relieve and hold Photographer harmless as a result of incomplete wedding or event photography coverage.
11. TERMINATION OF SESSION
The Photographer reserves the right to terminate any session due to any failure of the Client to adhere to the requirements set forth in this Agreement or if the model(s) being photographed are unwilling to be photographed or if anyone in the session is behaving in a manner that the Photographer deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, Photographer is under no obligation to reschedule. Under no circumstances will any monies paid be refunded.
If the Photographer cannot perform this Contract due to fire or other casualty, transportation issues, strike, extreme weather conditions, or other cause beyond the control of the parties, or due to Photographer’s injury, illness or emergency, then the Photographer shall return any monies paid by the Client to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of all monies paid. Upon receipt of a USB Flash Drive, Print, Canvas or Album, the Client accepts all responsibility for archiving and protecting the photographs/products. The Client is aware that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. It is the Client’s responsibility to make sure that digital files are copied to new media as required. Clients understand that while the photographer will do everything possible to maintain the Client’s safety while working with the Client, the Client is ultimately responsible for their and their family’s safety. The Photographer may not be held liable for any misfortune or injury that can occur while working. Photographer does not permanently archive image files. All Digital Image Files from assignment are retained for the time specified in Client's selected package after your session takes place after which time all unordered Digital Image Files may be destroyed. 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 any digital media provided. The Photographer shall have the right to use all negatives, proofs, photos, prints and all image files and likenesses thereon in connection with its display and marketing efforts and you grant to The Photographer a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes and you represent that you have the authority to grant the same.
13. EQUIPMENT LIABILITY
You agree to be responsible for any damage occurring to any of The Photographer’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from The Photographer’s negligence.
Photographer is an artist and as such requests that the work they create be allowed into art exhibits, displayed in their studio, print competitions and other places that their work is featured regularly. The work is always showcased in the best possible way and will never compromise or jeopardise the photographer’s hard earned reputation. Confidentiality in advertising is always maintained. I agree that I have read this portrait agreement and agree to comply with all policies and information included. I also agree that the Photographer may use any images created during my commissioned session for display, advertisements, exhibits, sale or trade or other use as deemed appropriate by the Photographer. I agree these images can be used without any additional compensation to me.
15. ARTISTIC LICENCE
While the Photographer strives to provide its clients with the utmost in photography services, the Photographer is, first and foremost, an artist with an established style and reputation. While the Photographer regularly works with its clients to deliver photographs which will meet their individualised needs, the Photographer reserves the right to exercise full artistic control over the nature, number and types of pictures they shoot.
16. POST PRODUCTION
The final post production, editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The Photographer will use their professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
The photographs and digital files produced by the Photographer are for personal purposes only and are protected by Australian Copyright Law (all rights reserved). They may not be reproduced for commercial purposes without THE IVORY STORY's explicit written permission. The Copyright Act protects photographers by giving us the exclusive right to reproduce your photographs. Violations include, but are not limited to, making illegal copies, scanning, printing from home, printing from consumer labs or downloading from our website for commercial purposes. It is illegal to copy or reproduce these photographs in any manner without our permission and violators of this Federal Law will be subject to its civil and criminal penalties. the Client must obtain written permission from, and compensate the Photographer prior to an event where the Client, the Client’s friends or relatives publish or sell the photographs for profit. No photographs taken from the event are to be provided to the reception venue or any other event suppliers involved without prior written permission from the Photographer. Please understand, the Photographer wishes to maintain complete control over the print quality, finishes and presentation of the images and any reproduction outside of the studio may lower the quality of the image and potentially damages our reputation for providing superior portraits.
18. SOCIAL MEDIA
Only images in their original given form may be used on personal websites (eg. Facebook, Twitter, Instagram etc). Images must not to be cropped, altered or reproduced with filters without photographers permission. Copyright notice of acknowledgement must appear near the images stating “Photographed by The Ivory Story – ”
19. DIGITAL FILES
Clients whose package includes Digital Files will receive them through an online gallery via PIXIESET.COM. Digital Files can then be downloaded in High Resolution JPEG. Client galleries will expire after 6 Months from the day of delivery. High Resolution Digital Files will be archived for the time specified in Client's package. It is therefore recommended that Clients download their online gallery as soon as possible and make 2 backups to prevent data loss. To have an online gallery unarchived a $250 admin fee is applicable.
After the date of your Digital File Delivery, all edited images will be available in your online gallery for the specified time within Client's selected package. After this time, all digital files will be Archived for 24 months from the date of delivery, the Client may extend this archived catalogue for $200 per 12 month period. If Client selects NOT to extend the archived catalogue, all files may be destroyed and will be unrecoverable.
21. REFUNDS and RETURNS
By opting to employ THE IVORY STORY you agree that all edits, colour correction and photo selection are entirely at the discretion of THE IVORY STORY, all final digital files provided to the Client are final. Any additional editing or changes made to the gallery will incur a fee dependant on the amount of work required. Client may request a quote by Photographer. Any circumstance outside of those listed in Sections 8 + 12 do not qualify for a refund or return.
20% of the total package is required as part of a nonrefundable deposit due at the time of completing this online agreement. The remaining 80% is required 14 days prior to the wedding date. Payments can be made in full or in instalments at the discretion of both parties. Payments are to be made via Bank Transfer only. Late payments will incur an immediate 25% fee, followed by $100 per week late fee.