This Agreement is made effective for all purposes in all respects as of date as stated at the top of the page by and between Carly Mangan, herinafter referred to as “Photography by Carly” and “Your Name” herein after referred to as “The CLIENT” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photography by Carly and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

EVENTS PHOTOGRAPHY

Refunds are covered in the following guidelines:

Where a deposit payment is made and photo shoot is scheduled and the photo shoot is cancelled, there will be no refund.

Where a full payment is made and photo shoot is scheduled and the photo shoot is cancelled, there will be no refund.

PORTRAIT PHOTOGRAPHY LOCATION SHOOT 

If a deposit is made it is not refundable under any circumstances

If a full payment is made it is not refundable under any circumstances

RE-SCHEDULING YOUR PHOTO SHOOT 

Once your photo shoot have been scheduled and the time slot have been allocated to you, confirmed and purchased it can not be re-scheduled or refunded.

NON REFUNDABLE BOOKING DEPOSIT

You are committing to a photoshoot by placing your order with the Non Refundable Booking Deposit (a deposit of 50% of the photoshoot fee). Your time slot is fixed and can not be re scheduled or cancelled. If you have a change of mind or for any other reason the Non Refundable Booking deposit will not be refunded under any circumstances.

PAYMENT:

Each photo session has to be paid in full before the photo session. Photo session will not start until the full payment is received.

In the event of booking a package that includes several photo shoots with the Booking Deposit, the package has to be paid in full before the first photo session.

If the full package payment is not received on the day of your first photo shoot, your order will be cancelled and the Non Refundable Booking deposit will not be refunded.

IF YOU ARE LATE

Please arrive in time as we have several shoots booked daily back to back. We have confirmed bookings prior to and after your allocated time slot. For this reason, we can not be flexible or extend your allocated booking time. In the event that you are late you will lose your allocated time and it can not be made up or rescheduled at a later time slot or date. We would not expect other customers to interfere with your time slot in the studio. And we would not expect you to interrupt our other customers as well.

If you are late full payment is still required.

GIFT VOUCHERS: All gift vouchers are redeemable within 3 years, in alignment with Australian Consumer law. As gift cards are purchased in exchange for cash they are restricted and cannot be exchanged or refunded for cash. They can however be transferred to another person for use within 3 years of purchase. A change of mind does not entitle the purchaser to a refund when buying a gift voucher. Purchasing a Gift card from Photography by Carly binds the purchaser to these terms and conditions.

RESERVATION: A signed contract and non-refundable 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 retainer fee is non-refund- able and shall be liquidated damages to Photography by Carly. The CLIENT shall also be responsible for payment for any of Carly Mangan Photography’s materials charges incurred up to time of cancellation.

EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Photography by Carly by the CLIENT.

SAFETY: Photography by Carly reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from Carly Mangan Photography experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from Photography by Carly is in question.

SHOOTING TIME / ADDITIONS: The CLIENT and Photography by Carly agree that co-operation 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. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time may be billed to the CLIENT.

EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.

TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and Carly Hack Photography studio address. Travel expenses will have been outlined in the invoice prior to signing this contract.

RESPONSIBILITIES: Photography by Carly is not responsible for compromised coverage due to causes beyond the control of Photography by Carly including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to Photography by Carly, rendering of decorations, motor vehicle issues or restrictions of the locations. Photography by Carly is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Photography by Carly is not held liable for missed coverage of any part of the EVENT(S). Photography by Carly will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

VENUE AND LOCATION LIMITATIONS: Photography by Carly is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Photography by Carly. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility;

PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which Photography by Carly will be performing services.

FILM + COPYRIGHTS: The photographs produced by Photography by Carly are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Carly Mangan’s explicitly written permission. If the CLIENT has received an “Image USB” from Photography by Carly, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has been issued an “Image USB” from Photography by Carly, Photography by Carly grants the CLIENT permission to share the images on social networking websites, with family and friends as long as the images remain unaltered and textual credit is explicitly given to Photography by Carly. The CLIENT must obtain written permission from Photography by Carly prior to publishing or selling the photographs. Photography by Carly is by no means eligible to release all of the photo negatives from the day & will only do so providing an agreement has been met between Photography by Carly and the CLIENT.

MODEL RELEASE: The CLIENT hereby assigns Photography by Carly, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT 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 releases all claim to profits that may arise from use of images.

LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from Photography by Carly 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 Photography by Carly, Photography by Carly 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 Photography by Carly’s control, including but not limited to camera, hard drive, or equipment malfunction, Photography by Carly 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. Photography by Carly 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.

PHOTO BACKUP SYSTEM: All negatives from the day will be stored for 1 year. Edited photographs will be stored indefinitely however it is highly recommended that you the CLIENT organise your own backups for your photographs once they have been received. Whilst Photography by Carly takes every measure to ensure your photographs remain safely backed up. Photography by Carly cannot be held responsible for a backup malfunction which might result in the loss of said photographs after the CLIENT has received their copies.

CAPTURE AND DELIVERY: Photography by Carly is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of Carly Hack Photography.

POST PRODUCTION AND EDITING: The final post-production and editing styles, effects, and overall look of the images are left to the discretion of Photography by Carly. The collection of images will be in a mix of colour + black and white.

PAYMENT SCHEDULE: The aforementioned 50% non-refundable deposit is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, Photography by Carly 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: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. Prices will not change unless the CLIENT wishes to add to the package, or the photo shoot is delayed beyond 4 months, where prices are subject to change, in which case a new invoice will be provided to the client.