Terms and Conditions for Photography Services
1. Introduction
These Terms and Conditions ("Agreement") govern the provision of professional photography services ("Services") by ALLESSANDIA MONTANA PHOTOGRAPHY ("Photographer," "we," "us," or "our") to the client ("Client," "you," or "your"). By engaging our services, you agree to be bound by these terms in their entirety. Please read this Agreement carefully prior to booking, as it contains important provisions regarding scope of work, payment, liabilities, cancellations, intellectual property, model releases, and other legal obligations.
2. Scope of Services
2.1 Coverage and Deliverables
Our Services include comprehensive photography coverage for weddings, personal events, corporate events, retreats, and related functions ("Events"). The scope encompasses pre-event consultations, event coverage, post-processing, and delivery of digital images as specified in the booking confirmation.
2.2 Additional Services
Any additional services such as video recording, drone photography, extended coverage, or special editing are to be explicitly agreed upon in writing and may incur additional charges.
2.3 Accommodation and Food
For events requiring onsite presence beyond standard coverage, the Client shall provide, at their sole expense, suitable accommodation, meals, and related amenities for the Photographer and any accompanying personnel, as specified in the booking details.
3. Booking and Payment Terms
3.1 Booking Confirmation
A booking shall be deemed confirmed upon receipt of a signed agreement and deposit as specified herein.
3.2 Fees and Payment Schedule
The total fee ("Fees") shall be as outlined in the invoice or booking confirmation. A non-refundable deposit of 25% of the total Fees is required to secure the booking. The balance shall be payable no later than 14 days prior to the Event date. The booking date is not secured and confirmed until the deposit is paid.
3.3 Additional Expenses
Any additional expenses incurred, including but not limited to travel, accommodation, food, permits, or special equipment, shall be borne by the Client and reimbursed upon presentation of receipts or invoices.
4. Intellectual Property and Usage Rights
4.1 Ownership
All images and intellectual property rights shall remain the property of the Photographer until full payment is received. Upon receipt of full payment, the Client shall be granted a non-exclusive, non-transferable license to use the images for personal purposes.
4.2 Reproduction and Publication
The Client shall not reproduce, distribute, or publish images for commercial purposes without prior written consent from the Photographer.
4.3 Photographer’s Rights
The Photographer retains the right to use images for promotional, portfolio, and marketing purposes unless expressly restricted in writing.
5. Responsibilities and Obligations
5.1 Client Responsibilities
The Client shall provide access to the venue, ensure cooperation from all participants, and disclose any specific requirements or restrictions prior to the Event.
5.2 Photographer’s Responsibilities
The Photographer shall perform the services with reasonable skill and care, adhering to industry standards. The Photographer shall not be liable for any failure to capture specific images due to unforeseen circumstances, including but not limited to equipment malfunction, lighting, weather, or participant cooperation.
6. Accommodation and Food Provisions
6.1 Provision of Accommodation and Food
For events requiring onsite photography beyond standard coverage hours, the Client shall provide, at their expense, suitable accommodation including own private room and bathroom and meals for the Photographer and their team, including transportation if necessary.
6.2 Indemnity
The Client shall indemnify the Photographer against any claims arising from inadequate or unsuitable accommodation, food, or related arrangements provided by the Client.
7. Cancellations and Rescheduling
7.1 Cancellation by Client
Cancellations must be submitted in writing. The following cancellation policy shall apply:
- Cancellation more than 30 days prior to the Event: the deposit is forfeited, and no further charges apply.
- Cancellation within 14 days of the Event: the Client shall pay 50% of the total Fees as liquidated damages.
- In the event of cancellation less than 7 days prior to the Event, the Client shall be liable for 100% of the total Fees.
7.2 Rescheduling
Rescheduling of the Event is subject to availability. Any rescheduling must be agreed upon in writing and may incur additional charges. The deposit paid for the original date shall be transferred only if the rescheduling is approved and within the same calendar year.
7.3 Force Majeure
Neither party shall be liable for failure or delay in performance due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, governmental restrictions, or travel bans.
8. Limitation of Liability
8.1 The Photographer’s total liability shall not exceed the total Fees paid by the Client. The Photographer shall not be liable for indirect, incidental, consequential, or punitive damages, nor for any loss of profits, data, or goodwill resulting from the provision of Services.
8.2 The Client acknowledges that photographic images are subject to variability beyond the Photographer’s control. The Photographer shall not be responsible for images not captured due to unforeseen circumstances.
9. Confidentiality and Data Protection
The Photographer shall handle all personal data and images in accordance with applicable data protection laws. The Client consents to the Photographer’s use of images for promotional purposes unless explicitly stated otherwise.
10. Model Release and Promotional Use**
10.1 Model Release
The Client grants the Photographer a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, and display any images featuring the Client, their guests, or participants for promotional, marketing, portfolio, and advertising purposes, including but not limited to social media, website, print, and promotional materials.
10.2 Opt-Out
If the Client does not wish certain images to be used for promotional purposes, they must notify the Photographer in writing prior to or at the time of the Event. Such images will be excluded from the Photographer’s promotional use.
11. Miscellaneous
11.1 Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.
11.2 Amendments
Any amendments must be in writing and signed by both parties.
11.3 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, and any disputes shall be subject to the exclusive jurisdiction of the courts therein.
11.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. Archival Retrieval, Hold Period, and Liability
12.1. Retrieval and Fees: The Recipient may request the retrieval of archived materials maintained by the Discloser. Such retrieval will be subject to a non-refundable archival retrieval fee, which will be calculated based on the scope, volume, and complexity of the materials requested. This fee will be communicated in good faith by the Discloser and is payable within thirty (30) days of invoice.
2. Hold Period: Once retrieved, the archived materials will be held for a period of three (3) months. During this time, the Recipient agrees not to distribute, modify, or transfer the materials unless expressly authorized by this Agreement or with prior written consent from the Discloser.
3. Liability and Force Majeure: While the Discloser will exercise reasonable care in handling and maintaining the archived materials, the Discloser shall not be responsible for any loss, damage, deterioration, or destruction that occurs during the hold period. This includes, but is not limited to, damages caused by accidental drops, mishandling, or other unforeseen events beyond the Discloser's control. The Recipient acknowledges that, despite all reasonable precautions, the Discloser cannot guarantee the safety of the physical materials once in their possession and is not liable for damages resulting from physical handling or transportation.
4. Disposition of Materials: After the hold period expires, the Discloser may, at their sole discretion, return, destroy, or otherwise dispose of the archived materials in accordance with applicable laws. The Discloser will provide written confirmation of such disposition upon request.
By booking and engaging our Services, the Client acknowledges having read, understood, and agreed to these Terms and Conditions in their entirety.
