TERMS AND CONDITIONS



THE CLIENT

  1. Authorises the Studio to arrange the photography in accordance with the details overleaf. I/we are satisfied that these details are correct and I/we understand there is a three working day cooling-off period from the date of the signing this contract before the photography is commenced and for any orders placed. 
  2. IS required pay a Booking Fee of $150 is required to secure the date of photography session and is not refundable but may be transferable if Emma Marie Photography is notified before 7 days before a session
  3. Mustread and understand the Emma Marie Photography's price list, which has been confirmed for our assignment on payment of the deposit/ booking fee provided I/we order within seven (7) days after the assignment. 
  4. The booking of and any additional costs incurred for booking venues,photography locations, additional props etc are our responsibility or may be invoiced unless paid for separately. 
  5. The client gives permission for Emma Marie Photography and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing material. 
  6. To avoid disruption to the photographic coverage and to allow the Studio to fulfil its contracted duty; other photography by family/friends at this time is not permitted. 
  7. Agrees Emma Marie Photography owns the Copyright in all photographs and gives permission to Emma Marie Photography to use any image of our sitting for industry competitions and as required subsequent usage and for reasonable general promotional advertising for the Studio. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us. 
  8. As Emma Marie Photography owns the Copyright, I/we agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. I/we will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by the Studio. 
  9. The negatives/digital files remain the property of the Emma Marie Photography and will be kept on file a period of five years for re-orders. I/we may be able to negotiate with Emma Marie Photography for release of the negatives/digital files.Regarding re-ordering photographs, I/we also understand: 
  10. Orders must be placed within 7 days, otherwise prices current at the time of ordering will apply and I/we will pay all reasonable freight and postage that I/we request 
  11. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with the Studio had been made. Telephone orders require written confirmation with payment before the order can be processed. 
  12. All orders shall remain the property of the Emma Marie Photography until full payment has been made. Orders cannot be separated for collection unless paid for in full. 
  13. Should I/we fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and Emma Marie Photography shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/ we acknowledge that no future orders will be processed until the Order is paid in full.
  14. The Studio has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is minimised when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions. 
  15. 16. The client recognises that Emma Marie Photography will be the only professional photographer at the session. 
  16. 17. 4. 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.


THE STUDIO

  1. Should nominated photographer not be available for any reason, Emma Marie Photography will notify the Client of the change as soon as it is known and provide another photographer with equivalent skills.
  2. The price quoted will be guaranteed for seven days otherwise the current price will be confirmed when the deposit on the order is paid. Any additional costs will be advised and confirmation required before proceeding.
  3. As the photographs made by Emma Marie Photographer are manufactured with the finest materials currently available, the Studio unconditionally guarantees them. If in your opinion any photograph made by the Studio has lost its original colour, the Studio will replace the photograph for fifty per cent of the current selling price. The original photograph must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as the Studio has its possession the original files in a printable condition.
  4. The negatives/digital files remain the property of the Emma Marie Photography and will be kept on file a period of five years, after which time the Studio may negotiate the release of the negatives/digital files.
  5. Emma Marie Photography shall carry out this assignment with due and professional diligence. Elements beyond the Studio’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between the Studio and professional laboratories employed by the Studio, loss or damage to film, negatives/digital files and proofs during processing and developing either by the Studio or professional laboratories employed by the Studio, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent the Studio completing in whole or in part this assignment. In this case the Emma Marie Photography shall not be liable for its complete performance of the assignment. It is agreed that the liability of Emma Marie Photography shall be limited to be a refund of any money paid under this agreement which shall be in full & final satisfaction of any damage or loss suffered.
  6. Emma Marie Photography will carry out the amount of hours for a session which has been specified in the package and invoice. Any additional hours for portrait photography will be charged at $100 per hour. The timing for a session is agreed apron by the client at the payment of the deposit.
  7. 7. Portrait photography packages such as family sessions, Mini Sessions and Engagment sessions have a 3 week turn around for clients to receive edited images on an online gallery.
  8. 8. Emma Marie Photography will edit and colour correct the images in line with the standard and style as portrayed in other work. The editing of images is at the discretion of Emma Marie Photography. Any additional editing requests by the client for photoshopped, cropped or coloured correct images will be charged at $30 per image to the client.
  9. 9. Emma Marie Photography endeavours to capture images of the highest quality in line with previous work and photographic style. It is not the responsibility of the photographer if clients have blinked in an image or have an unsatisfactory look on their face. Emma Marie Photography endeavours to set up an image to the best of their ability, however in some circumstance such as large family sessions some things can be out of the photographers comtrol. 
  10. 10. Photography is an art and art is subjective. Pbotographs taken by Emma Marie Photography are the perception of the photographer rather than judgments from other peoples perspective.
  11. 11. Emma Marie Photography reserves the right to postpone a session if the weather conditions are not satisfactory or are dangerous for a session. The photographer and equipment will not be put in a situation for injury or damage. In some cases where it is too windy or there are severe weather warnings, Emma Marie Photography may postpone a session and reschedule with the client at a later date.
  12. Refunds are not permitted for pre purchased vouchers
  13. There are no refunds for sessions that are cancelled. There may be a reschedule fee if under 7 days notice of $150
  14. Clients are expected to arrive on time to their session. If a client is more than 15 minutes late, the session will be cancelled and rescheduled for a fee of $150
  15. If cancellation is due to illness prices quoted will be honoured for a period of 6 months
  16. Emma Marie Photography reserves the right to refuse service if a client is not behaving appropriately
  17. Emma Marie Photography excepts Credit Card and Bank transfer for payment
  18. Travel Fees will be charged for session outside of the Southern Highlands