Agreement

Agreement Form and Client Event Details

EVENT AGREEMENT

This agreement is between Pixieros Photography, hereinafter referred to as the "Creator", operating in the State of Western Australia, and the signers of this event, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the session detailed below. The service items, product deliverables and price list attached to this document are integral parts of this agreement.

This agreement contains the entire understanding between the Creator and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

COVERAGE

Coverage will begin at [COVERAGE START DATE/TIME] , and continue for the number of hours purchased, contiguously.

CHANGE OF DATE AND/OR VENUE

The Creator must be notified immediately by the Client of any changes in coverage date and/or venue, up to three months prior to the current coverage date. If the request was made less than three months before the coverage date the Creator has the discretion to accept or reject it and/or define conditions of acceptance. If the proposed change of date and/or venue is agreed to by both Parties, a reschedule fee of 25% of the estimated amount applies, and a new service agreement that supersedes the current agreement is arranged at the prevailing rate of the new coverage date. Any promotional items or services and discounts provided by the Creator in the current agreement may not be carried over to the new service agreement. Any proposed change of date and/or venue is always subject to the availability of the Creator. If the proposed date, venue and/or rate change cannot be agreed to by the Parties, then the current agreement is deemed cancelled and cancellation rules apply retroactively from the date when the Client requested the change.

Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Creator in writing or via email. It is the Client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information as listed, you must notify the Creator. The Creator will make every effort to contact the Client, but it is the Client’s responsibility to contact the Creator to confirm all events and times.

RETAINER

A retainer fee of 50% of the total estimated amount is required for all wedding sessions. No date is reserved until a retainer is received.

This is a non-refundable retainer. It shall be liquidated for loss of income and costs incurred by the Creator in the event of cancellation, or breach of contract by the Client. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid as indicated on the due date of the invoice. If final payment is not received, the Creator will not be expected to attend said event.

CANCELLATION

There shall be no refund of retainer after the signing of the Agreement and the reservation of the coverage date.

50% of the total estimated amount is NON REFUNDABLE.

In the event of cancellation less than 5 months prior to the coverage date, 75% of the total estimated amount will not be refunded.

 In the event of cancellation less than 3 months prior to the coverage date, 100% of the total estimated amount will not be refunded, due to the high probability that the Creator will not be able to rebook the date to another client.

The Creator may demand additional monies if the Client cannot fulfil payment of the cancellation penalties.

 Any other arrangements shall be discussed between the Parties. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Creator of the cancellation.

FAILURE TO PERFORM

The Parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Creator cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Creator is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. It is acknowledged that any image list submitted to the Creator will be used for organisational purposes only and in no way represent photography that will actually be produced. The Creator will do their best to fulfil all requests but can make no guarantees all images will be delivered. The Creator recommends that the Client nominates individuals that they wish to have photographed with higher priority during the portrait shooting session. The Creator will not be held accountable for not photographing key people if there is no one to assist in identifying or mustering them for photographs. The Creator 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 Creator.

COPYRIGHT

Possession of and copyright to all photographic products in the agreement shall remain exclusively with the Creator. All photographs are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Creator and/or their subcontractor(s) remain the property of Creator. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Creator.

Permission is hereby granted to the Creator to use any images created under this agreement for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Creator retains the copyright to all images produced by the Creator and/or the Creator's subcontractors. If purchasing high-resolution images on USB, Clients will be given a written release to make personal copies of images. The Client understands the images given on USB cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Creator.

TRAINING

Creative learners are often invited to take part in photo and video training. Their output is not included for delivery, but rather it's used as a learning tool during the course itself.

EXCLUSIVE Creator

The Creator team shall be the exclusive photographer(s)/videographer(s) retained by the Client for the purpose of the event. Family and friends of the clients and other event vendors shall not interfere with the Creator team duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

EXPENSES

Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Creator and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

EVENT FOOD SERVICE

The Client is required to provide light meals for the Creator team for events up to 5 hours. For events 7 hours or longer, full course meals are required. If no meal is provided (or if no full meal is provided for 7-hr events or longer), it is understood that the Creator team will leave the event to purchase their meals, and total expenses (with receipt provided) will be reimbursed by the Client.

GARMENTS

The Creator cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments.

CREATIVE LICENCE

Images are edited at the Creator’s discretion, and delivered prints may not include all images that were captured. The Creator reserves the creative rights to edit and release only those images deemed professional in quality and within the Creator’s artistic standards.

MODEL RELEASE

The Client grants the Creator and their legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs/motion pictures of the Client for editorial, competition, advertising and any other purpose and in any manner, to alter the creative materials without restriction; and to copyright the images. The Client hereby releases the Creator and their legal representatives, heirs and assigns from all liability and claims in connection with the photographs/motion pictures.

LIMIT OF LIABILITY

If a Creator member is too ill or becomes injured or otherwise unavailable and cannot supply the wedding services specified in the agreement, the Creator will try to book a replacement wedding creator. Under normal circumstances an alternative Creator member will fill in. If alternative Creator members are unavailable and a replacement creator cannot be found then liability is limited to a refund of any payments received less the retainer fee and expenses already incurred. 

The limit of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault of the Creator. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

The Client shall have no further liability with respect to the agreement.

DELIVERY

The Creator agrees to deliver the digital copies that have been carefully reviewed by the Creator and deemed acceptable for delivery to the Client within 6 to 8 weeks after the wedding date, unless otherwise agreed. The digital photographs will be enhanced in JPG format delivered as digital high resolution, print-ready 3600 px long-edge 300dpi without studio logo. Videography deliverable is a motion picture with audio plus aerial coverage embedded if the Client has requested for Drone Service. Drone Service is subject to location, access, permit, weather and any unavoidable circumstances that limits the device to take-off. The motion picture will be delivered in high-definition 1920x1080p.

The Creator is not responsible for poor lighting if the Client does not agree with or refuses the use of flash resulting in dark or grainy photo from inadequate lighting, or electrical or mechanical malfunctions on location that are beyond their control. The Client acknowledges that they are familiar with the Creator’s portfolio and is requesting their services with knowledge of the Creator’s style and ever-evolving craft. Accordingly, Client acknowledges that the creative materials shall not be subject to rejection on the basis of taste or aesthetic criteria. Additional fee is requested depending on the Client's specific post-editing requirements.

Under no circumstances shall any unedited or raw image files (digital negatives) be delivered as part of this agreement.

CREDIT

The Client is hereby provided an online gallery and/or digital copies of the photographs and/or motion pictures, some with studio logo on them. The Client agrees to use them to share in the web, online, and social network and tag the Creator at all times. Should there be a logo in the material, the Client ensures that the logo is visible at all times.

SAFETY

The Creator reserves the right to terminate coverage and leave the location/s of the event if the Creator experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the event or if the safety of the Creator is in question.

AVAILABILITY

All digital negatives will be available up to 12 months after the Wedding Date. After this period, your collection will be archived. If the Client wishes to retrieve the digital negatives, a technical retrieval fee of AUD500 is requested to commence the work. This doesn't guarantee the Client that all or some digital negatives will be successfully retrieved.

FORCE MAJEURE

If the Creator or Creator's subcontractors cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Creator shall return any monies paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the agreement.

COVID-19

If the event falls on a government imposed in-house lockdown that prevents it from proceeding, reschedule policy applies.

LEGAL ACTION

Client assumes responsibility for any and all collection costs and legal fees incurred by the Creator in the event that enforcement of this agreement becomes necessary. All legal action shall be taken appropriately.

By deposit payment, the Client agrees to the service agreement stated above.