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CONTRACT FOR SERVICES AGREEMENT
The individual signing this Contract is doing so in representation of all parties to be photographed, and hereafter will be referred to as "Client". It is understood that Client is entering into a formal agreement (hereafter referred to as "Contract") with Blue Finch Photography (also referred to as the "Photographer").
This Contract constitutes the entire agreement between both parties and will apply to all future transactions. It is understood that Blue Finch Photography is the exclusive official Photographer retained to perform photographic services requested in this “Contract". Where indicated, Client will check a box to acknowledge they have read, understood, and agree to the terms. Upon signature and receipt of required deposit, Blue Finch Photography shall reserve the time and date agreed upon.
Client agrees to pay Blue Finch Photography a session fee deposit at the time of booking to secure their appointment. This is a non-refundable fee. This fee covers the time and talent of Blue Finch Photography as well as the creative editing of images, and an online gallery of those images.
Client agrees to the pricing policies in Blue Finch Photography's Information Guide at the time of booking. The prices in effect at the time of the session booking will apply for all sessions included in this Contract, and for a period of 30 days past the session date. Any and all future orders shall be charged at the prices in effect at the time when the order is placed.
If Photographer is required to travel more than 10km from the suburb of Mosman 2088; then Photographer reserves the right to charge Client a Travel Fee of $50 for return trip.
If Blue Finch Photography cannot perform this Contract due to an accident, illness, casualty, emergency, inclement weather or other cause beyond the control of either party, then Blue Finch Photography shall reschedule the session and credit all monies towards the rescheduled session fee. In the event Blue Finch Photography is unable to perform the session completely due to equipment failure, the Photographer shall refund all monies paid to the Client or reschedule the session and credit monies towards the new session.
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the Session/Agreement by the Client, the Session Fee is non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours notice of postponements of cancellation is appreciated.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during Sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled Session, the Session Fee is non-refundable.
No two sessions are the same, and the images captured will best represent the Client. The Client may ask for a specific photo, but please understand that in some cases this may not be possible. All sessions are complete and final as dated in this contract. The Client will need to arrange a new session and pay a new session fee if they desire more images.
A secure, password protected online proof gallery featuring minimum 25 edited images will be delivered to Client within 10 days of the session date. Ordering of images and products are to be made via online gallery or by emailing request to Blue Finch Photography.
All images will be available for ordering for six (6) weeks following delivery of Client proof gallery. After six (6) weeks, all images will be purged from the Photographer's hard drive, with the exception of those images Blue Finch Photography selects to use for marketing and/or promotional purposes, to be determined by the Photographer at the Photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Purchased session images will be stored by Blue Finch Photography for a period of 12 months.
Due to the custom nature of each session, once Client selects images and products are ordered, all sales are final. No part of any order will be processed / produced until the balance is paid in full.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release Photographer / Blue Finch Photography from any claims against their person or their business.
Client is aware that colour in photography prints may fade or discolour over time due to the inherent quality of print, and the Client releases Blue Finch Photography from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. However, it is recommended to keep your prints away from direct sunlight.
COPYRIGHT & PENALTY
Per Australian Copyright Act 1968 it is ILLEGAL to copy, reproduce, or alter in any way the photographs taken by Blue Finch Photography without the express permission of Blue Finch Photography.
All images remain copyright of Blue Finch Photography and may not be altered in any way. Your images may be used on the photographer’s website, blog and other promotional materials to help promote Blue Finch Photography. Client images will never be sold to a third party. Under no circumstances can Client use these images for profit, commercial endeavours, in competitions or for professional display.
Digital images are provided with the understanding that Client may print these photos at their own discretion. Blue Finch Photography takes no responsibility for any prints later produced by Client.
By checking the box below this section, Client agrees to refrain from copying, screen capturing, downloading, printing, sharing, scanning, saving, altering, or otherwise stealing from Blue Finch Photography. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image Client has stolen, at photographer’s current price per digital file.
GENERAL TERMS & CONDITIONS
Photographer is an independent contractor under the Independent Contractors Act 2006, providing services for the Client, and is not an employee of the Client. Nothing in this Agreement is intended to create or demonstrate an employment relationship between Photographer and Client.
This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Queensland, without regard to conflicts of law principles.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
This Agreement constitutes the entire agreement between Client and Photographer, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. 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, it does not mean that any other provision is also waived.