Terms of service.
Terriflic Photography Booking
Agreement
Terriflic Photography and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties here to.
Engagement and Services
The Agreement is between Terriflic Photography and the Client named in the photography contract. The Client wishes to engage Terriflic Photography and Terriflic Photography accepts the engagement to hereby:
(a) provide the Services to the Client and
(b) produce Digital Photographs for download
Contract and Payment Arrangements
An electronically signed photography contract and a non-refundable retainer is required to secure your booking as we are often booked up in advance. Final payment is required no later than one week prior to the shoot date.
These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at: www.terriflic.com.au. Our terms and conditions apply to all previous, current and future clients.
The Client agrees to pay the Fee to Terriflic Photography. All amounts payable under this Agreement are inclusive of GST. All additional costs such as permits to photograph in national parks or on beaches that require permits, if any, are the responsibility of and must be paid for by the Client.
By booking a session, you are giving permission for all attendees of the photo session to be
photographed and the images used for the purposes outlined in the agreement.
photographed and the images used for the purposes outlined in the agreement.
By accepting these terms and conditions, you acknowledge that you are at least eighteen years of age, or the legal age to form a binding contract within your legal jurisdiction.
Location
We are based in the South East Melbourne suburbs. Hence we will work with the client to finalise the outdoor location which is reasonably convenient to both the parties and all our offerings factor in costs to travel to these locations. However if there is a request from the client to travel to a specific location, we reserve the rights to quote you upfront on the additional costs involved.
Cancellations
If a cancellation is made within 5 days from the photoshoot date, Terriflic Photography reserves the right to charge the Client the full Fee regardless of how much work has been carried out prior to or after the cancellation including all post processing work which would have been carried out should the photoshoot have gone ahead.
Force Majeure Clause
Terriflic Photography is not responsible for any failure to perform any obligation under these T&Cs if its performance has become impossible due to any matter beyond the reasonable control of Terriflic Photography which includes (but is not limited to): fire, flood, tempest, earthquake, riot, civil disturbance, natural disasters, national emergencies, pandemic, government interference, theft, crime, strike, lockout, breakdown, war, or the inability of the Terriflic Photography's normal suppliers to supply necessary matter beyond the reasonable control of Terriflic Photography. In such circumstances, Terriflic Photography will be under no obligation to refund the Deposit or Invoice. Terriflic Photography will make all reasonable attempts to re-schedule the shoot in the event (typically in 4 weeks’ time) where it was practically impossible to carry out the shoot.
Limitations from venues (Outdoor Venues)
When the venue location has been suggested by the client, please note that Terriflic Photography is governed by the restrictions imposed by local venues (if any). In some cases, venues restrict the movement of photographers, the use of flash or in extreme cases prevent the taking of photographs at all. It is the responsibility of the client to inform themselves of these restrictions and inform Terriflic Photography prior to the photoshoot date. Terriflic Photography will not be held responsible for any lack of photographs delivered due to these restrictions.
It is still the case when the venues are suggested by Terriflic Photography however we will make all reasonable attempts to validate these restrictions before the photoshoot date.
Copyright
Copyright in the photographs is retained by the client for private, domestic and personal use only. Any sale or commercial use must have written approval by Terriflic Photography. Terriflic Photography asserts all moral rights attached to the Photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of Terriflic Photography except in the case of cropping an image. The client may submit images to their other vendors for social media use only or to sections of websites, magazines, and blogs, however, a credit to Terriflic Photography as the photographer must be given in the form of either a social media handle or direct website link. Our social media handle is @terrifliccaptures and our website link is www.terriflic.com.au
Image Style & Editing Process
The client acknowledges that they are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that Terriflic Photography will use their expertise and artistic judgement to create images consistent with their vision, which may be different from the clients. Our editing encompasses colour grading of all selected images for the client in Lightroom, however, our prices do not include cropping or advanced editing/retouching such as individual removal of pimples, scars, double chins or distracting elements. Additional editing may be requested and a fee per image will be quoted upon request and must be accepted prior to any work being carried out.
Image use (Optional)
Terriflic Photography may use the photographs for advertising on social media platforms or otherwise promoting our work on our website portfolio. This is optional and the couple must inform Terriflic Photography in writing if they do not wish to have their images used in any advertising or promoting.
Image Storage
Terriflic Photography will keep copies of both your finished jpegs for 1 year and your RAW files for up to 6 months from the date of the photoshoot.
Delivery
All clients will be supplied with high-resolution jpeg files which can be downloaded from a secured online link. At no stage will RAW files be delivered. Online galleries will be uploaded within a 14 days of the photoshoot excluding public holidays.
Loss or Damage
Terriflic Photography shall carry out this assignment with due and professional diligence. Elements that are beyond our control include interruption of our service due to local gatherings/events at the public venue, faulty material, equipment failure or damage or loss of digital files. In the case of digital file loss, Terriflic Photography and the client agree that the liability of Terriflic Photography shall be limited to a full or partial refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.
Safety, Work Environment and Care
We care about the safety and well-being of our clients and make all efforts to suggest safe location for photoshoot. We make every attempt to make these sessions memorable for our clients.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents or incidents incurred.
We will not tolerate our photographers being in an unsafe or illegal environment and if we feel as though our personal safety is at risk for any reason we will leave the event without refund or compensation.
Photographers must be respected at all times and with all communication, including but not limited to, email and telephone communication, in person, prior to your shoot, during your shoot or after and we will not tolerate poor behaviour such as aggression, abuse or rudeness in any form. Every effort will be made by Terriflic Photography to resolve any conflicts, however should you refuse to partake in a mutually beneficial resolution, we may refuse to complete your photography assignment including producing and delivering any and all package products and leave the event should we deem it necessary without refund or compensation.