Terms & Conditions
The contract below was created to ensure all clients know exactly what a photography session with Photo by SIPPA entails and to guarantee that client and studio expectations are met. Please read the entire contract carefully prior to the start of your portrait session.
Service Agreement - Photo by SIPPA
1. CONTRACT FOR PHOTOGRAPHIC SERVICES
1.1 It is understood that Photography by Photo by SIPPA is the exclusive, official photographer retained to perform photographic services requested on this contract.
1.2 Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters.
1.3 No part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints is required in full/half at the time of placing an order. Prints will not be ordered until payment is made.
1.4 Original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.
1.5 Client will receive photos on digital download for personal use. Digital download includes images for printing and may be used on the web, Facebook, or email.
1.6 Client is responsible for making a backup of all photos from the digital download. Additional USB drives may be purchased from Photographer. Photographer will make every attempt to keep archival copies of photos but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others.
1.7 Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
1.8 Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
1.9 The charges in this Contract are based on 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 the order is placed.
1.10 In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.
1.11 Client shall give deposit 50% of the booking price of the package and the remaining amount of the booking is due the day of the scheduled session, prior to the start of shooting.
2. FOR ALL SESSIONS (NOT INCLUDING WEDDINGS/EVENTS)
2.1 Photographer understands weather, illness, or other reasons may cause Client to reschedule a session. Client will not be charged a penalty rescheduling a session provided at least a 24 hours’ notice is given.
2.2 Client may reschedule the session, at the convenience of Photographer. No show or rescheduling within 24 hours will incur a A$100 reschedule fee at the discretion of Photographer. Photographer will make every effort to spend the necessary time, including on multiple days, at the convenience of Photographer. Photographer may reschedule without penalty. Completion of processing and edits of a photography session may take four (4) weeks for delivery.
2.3 Photographs may be used for advertisement (modeling, head shots, etc.) for an additional fee. Credit to “Photo by SIPPA” must be given for the photograph. Photographs may not be entered in photo contests without expressed permission from Photographer. An additional fee may be required for use.
2.4 Digital album downloads will be removed after thirty (30) days. A fee will be charged to repost digital album downloads.
3. RELEASE AND WAIVER OF LIABILITY
I, HAVING AGREED TO ACT AS A MODEL, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
- I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Photo by SIPPA and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;
- I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.
- I acknowledge that Photography by Photo by SIPPA and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Photo by SIPPA.
- I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.
- I understand that at this event or related activities, I may be photographed.
- I acknowledge that flash photography or strobe lights may be used during this event or activity.
- I agree to allow my photo, video, or film likeness to be used for legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
- I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
4. PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old)
The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
INFORMATION ABOUT YOUR PHOTOGRAPHY SESSION
We thank you for selecting us as your photographers for this special occasion. We have a few recommendations that will help ensure you get the most out of your session.
Please show up promptly at the designated time. Many times, sessions may be scheduled after yours. Arriving late may cut into the time devoted to your session. For most sessions, it is best to arrive 10 minutes early.
Please do not hesitate to seek our advice on your preferred outfits in advance. You can ask for our advice in outfits prior to the session. It is usually recommended that members to be dressing in the same style and colour tone. Multiple outfits can also be considered especially when the photo shooting involves young kids.
For all sessions (but especially for children and infants), cameras, cell phones and other people are distractions, which may affect the attention of those, being photographed.
If we are photographing a newborn session, don’t forget that we will do a few shots with mom and dad. You brought them into this world. You deserve some photos with them. Neutral colored tank tops/undershirts are best, and natural or no makeup for mom.
If you feel we did a great job photographing you and your family, please help spread the words. Advertisement by month is our best asset and we hope that you enjoy working with us as much as we do with you.
© Photo by SIPPA, Unit 8, 20-24 Keon Parade, Thomastown VIC 3074