RESERVATION: A signed contract and deposit are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the deposit is non-refundable but can be transferred to another EVENT at a suitable time.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased digital images included in the package from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased any digital images from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT and CLIENT FAMILY or in which the CLIENT and CLIENT FAMILY may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT and CLIENT FAMILY releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). 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 COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event/studio session. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
The COMPANY will deliver all digital files to the CLIENT in JPEG format, RAW files will not be presented to the CLIENT, all RAW files are deleted once the JPEG files are processed and completed.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
PAYMENT SCHEDULE: The aforementioned non-refundable deposit is due at the time of signing of agreement to confirm the portrait experience. The remaining balance of the collections chosen (either the Bronze, Silver, Gold or Platinum) is payable in full prior to the final delivery of the JPEG files.. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
PRICING: All prices are subject to change at any time without notice.
GIFT VOUCHERS : One gift voucher per transaction. Combining of gift vouchers is not allowed.
RESCHEDULING POLICY: If the CLIENT needs to reschedule the EVENT for whatever reason, the deposit fee is non-refundable but can be transferred to another date to use towards another EVENT.
WEATHER FOR OUTDOOR PORTRAITS: At Cain Photography we can’t control the weather and we constantly watch the weather report in the lead up to your shoot . If it is cloudy and windy this is OK to a certain extent, but if there have been fires in the region and there is heavy/thick cloud, we need to reschedule- the sun will likely not shine through the clouds. Any chance of rain above 75% we will either need to shoot inside (in our Subiaco studio) or we need to be flexible and we will need to reschedule to the next available date that is not raining.
PAYRIGHT – General T&C’s should be read here; https://www.payright.com.au/6qwnforpqe/.
