The services to be provided under this Contract are as follows:
1-2 Hour Photo shoot
Professional Hair Stylist
Professional Makeup Artist
Artistic Editing + Beauty Retouching
Client Closet Access (when applicable)
DEPOSIT AND BOOKING
The Client shall make a non-refundable deposit in the amount of A$400 (amounts may be altered for Model Call Clients, Flash Sale Bookings, or other special offers made available by WOMAN by Pierre) for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this deposit and any associated fees are earned by the Photographer when paid, and are remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time.
Payment of deposit signifies acceptance of Contract
Payment for product orders shall be submitted to the Photographer on the day of gallery delivery, whether via online proofing service or in-person viewing, unless a separate payment plan has been arranged and agreed to by both parties upon in-person viewing session.
Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract. No products shall be delivered until the entire amount is paid in full, and any monies are non-refundable upon payment, if paid in the interest of obtaining images or physical products.
If the Client requests to amend or cancel this Contract 7 or more calendar days before the agreed upon photographic event date, the deposit will be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels 7 or less calendar days before the agreed upon photographic event date, the deposit shall be forfeited.
In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event. Reschedule must be within 2 weeks of original scheduled appointment. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. The Client shall not be compensated for the time deducted from the event due to late arrival of the Client.
Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilised for products and may provide restrictions on an order not outlined in this Contract.
The Client should place orders with sufficient time (Up to 5 weeks for majority of products) to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of A$150 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
The event shall occur at an agreed upon studio location. The Photographer agrees to notify client of changes of venue within 72 hours if any changes should occur. If the Client requests an alternative location not provided by the Photographer, any additional fees incurred will be billed to Client.
The Client shall retain full responsibility for wardrobe. The Photographer's discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choices. All styling choices made by the Client at the event are final and no re-shoots shall be available due to styling choices. The Photographer retains creative control of the session and does not guarantee to photograph all provided wardrobe choices.
USE OF INDEPENDENT CONTRACTOR
In the event the Photographer furnishing an Independent Contractor (such as a hair and/or makeup artist and/or massage therapist), the Photographer shall not be liable for any application or services by this Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies and pertinent information to the Independent Contractor.
The use of all recordings, including but not limited to video, phone, digital camera or audio is strictly prohibited by any individuals at the event, unless otherwise permitted by Photographer.
The event shall be restricted to individuals being photographed + 1 friend. No partner/spouse to be present during the shoot.
USE OF ALCOHOL
The use of alcohol is not permitted on the Photographer’s premises unless approved and/or provided by the Photographer. The Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images.
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 30 – 60 photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. All photographic materials should be handled with care and in accordance with the Photographer's recommendations. Any damage or alterations to materials made outside of the Photographer's recommendation as a result of improper handling, including but not limited to framing or hanging, is sole responsibility of the Client.
The Photographer shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client on the day of the photographic event. All orders shall be placed during the in-person consultation.
COPYRIGHT AND REPRODUCTIONS
The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
The Client shall only use the photographic materials, including but not limited to delivered digital files gallery-displayed files and printed proofs, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorisation to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion unless permission is granted by photographer, or the images have already been purchased by client. Client shall identify the Photographer and/or WOMAN by Pierre in the caption of all photographs uploaded to social media websites and profiles. Client shall not place any additional colour filtering or changes in the toning of photo with Instagram or Facebook filters.
FAILURE TO PERFORM
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the deposit to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
PHOTOGRAPHER’S STANDARD PRICE LIST
The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
TRAVEL AND OVERAGE FEES
If the Client is located over 1 hour outside of the Margaret River Area, travel fees, accommodation, and gas compensation may be billed to Client. The Photographer will not bill the Client without notice prior to booking.
Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgement in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
PHOTOGRAPHIC MATERIAL ARCHIVAL
The Photographer shall store photographic materials for 1 month or 30 calendar days from receipt of products by client. At that date, all photographic materials may be destroyed unless changes are made in the instance of payment plans or other specific circumstances.
The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default here under shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Western Australia.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.