Terms and Conditions, tedious but necessary..
The photographer agrees to provide the client with full colour, adjusted and high quality proofs from which they can make their final choice of images. This does not include those agreed occasions where monochrome images are supplied. Imagery will be supplied as high resolution digital images (.jpg) or web-resolution versions for social media use and/or printed output of the agreed size of the same or a mix as agreed with the client.
Additional images: may be available for an additional fee and charged per image. The images will be made available via web link within 14days of the events end or as separately agreed. Quantities may vary according to service/package level.
Digital output will be 300dpi.jpg files unless agreed or specified differently. Output designed for web use will be supplied as .jpg and 72dpi image size with a 500pixel longest edge and formatted as 5 x 4 or square according to the image.
Printed output when supplied to the agreed and cropped size, may not fit within standard frame dimensions. ISO paper standard dimensions are used to give a commonly understood idea of size but these may not be the delivered dimensions.
Digital Files: Unless agreed separately, all imagery taken during this event will be with digital equipment. All digital files remain the property of eNVee Creative in perpetuity and will be maintained and backed up to allow future access as required. Should digital files be destroyed lost or damaged, the photographers liability shall be limited to the full refund of fees or deposits if original package has not been delivered but shall not include refund or reimbursement for goods or services already received.
Image manipulation: This agreement allows for only limited image manipulation (if technically possible), the correction of colour casts, removal of red-eye and minimal glamorisation of the images. The insertion (or removal of) individuals or objects is additional work which can be done at the eNVee Creative standard rate. The client understands that these adjustments may not meet their expectations for technical reasons which will be explained but for which eNVee Creative will not be liable. Image retouching is quoted as per image or per hour rate depending on the project. This is additional to the photography session, hourly, half-day or full day rates. Photography retouching will realise one final edited Hi-Res image in JPEG format unless agreed otherwise by the client.
Camera RAW files will not be supplied.
eNVee Creative will be the sole and exclusive provider of photography and video services at events for which it is booked. Other participants are welcome to take photographs but may not interfere with nor obstruct eNVee Creative at any time.
Additional support, Drone or aerial photography: Some events will require the support of additional staff which may include additional photographers, Videographers, Stylists, Hair and Make-up and Art direction or other technical services, aerial photography can only be provided in locations authorised by CASA - www.casa.gov.au (In Australia) please check on the CASA website to ensure that your intended venue or location is approved for aerial photography. Any locations not within CASA’s jurisdiction should be confirmed as authorised in writing to eNVee Creative or contractor before eNVee Creative can provide aerial support services. eNVee Creative will not be held liable for the failure to provide photography services in contravention of statute and law. Such additional services will be with the clients agreement.
For bookings involving venues other than eNVee Creative Studio, the photographers movements may be restricted by local rules. The area from which the photographers/videography is allowed to cover the event may not be the photographers choice and eNVee Creative cannot accept responsibility for obstructed views or failure to obtain anticipated shots should this be the case.
Bookings are not confirmed until the booking fee is received by eNVee Creative.
Travel Expenses: Travel rate is charged at the full day rate or part thereof unless otherwise agreed to in writing by eNVee Creative. Travel rate applies from 30km outside of Perth CBD, Interstate and Overseas. All costs incurred such as kilometres travel charge at $0.78c per/km, parking costs, flights, transfers, car hire and parking, taxi, hotel and meal allowance but not limited by are payable by the client. This may be individually itemised or bundled as a service charge.
Environmental concerns: Due to the variety of lighting conditions and the limitations of equipment, colour consistency may change throughout a set of photographs/videos. See also Noah clause at the end of this agreement.
Event Liaison: The client is requested to ensure that someone is available (The Event Guide) at all times that can help to identify all individuals involved and required and ensure that they are available when needed in order to meet the clients wishes and expectations. Single sitters are invited to bring a guest with them to a shoot as a safety person, the safety person may not interfere with the shoot otherwise unless requested.
Every effort is made to comply with the client's wishes and eNVee Creative will do their best to honour any requested photography but do not guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and/or willingness of subjects.
Cooperation: The parties agree to clear and positive communication throughout the duration of this agreement, at the event and concluding upon the delivery of agreed outcomes. The eNVee Creative will not be held responsible for consequences that are the failure of poor or untimely communication. Similarly, in order to perform the expected role eNVee Creative may require the cooperation of other service providers for the event and a liaison person should be considered for commercial work or for large events to ensure the expected imagery is delivered.
Client Liability: The photographer may ask the client and their guests to move or pose in order to achieve a photograph. This is to be understood to be at the Clients and Guests own risk and the Photographer cannot be held responsible for personal accidents during the shoot - Clear communication will help avoid difficulties at all times. The photographer cannot accept responsibility for lost opportunities for photography due to key individuals absence or failure to cooperate during the event.
Cancellation - Cancellation of the booking of the booking is charged at 50% of the total fee plus any additional already incurred costs, payable immediately. By agreement, the booking can be moved to another date subject to availability. In the event that the Photographer has to cancel, every effort will be made to find a suitable replacement photographic service or your payments to date may be refunded in full.
Recovery Costs: In the instance of recovery actions being required, the debtor/s shall pay for all costs incurred by eNVee Creative in the recovery of any monies owed under this Agreement including recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.
Goods and services supplied to the client change ownership only upon receipt of full payment.
Copyright: The full copyright and intellectual property of all images remains with eNVee Creative at all times. Use of these images for purposes other than those described within the agreement is not permitted. The Client agrees to allow eNVee Creative to promote the business in advertising, magazine articles, websites, brochures, sample albums etc with imagery from this event without further notice.
The client does not have the right to alter, adjust or further manipulate the images with filters or additional plug-ins supplied with social media software or otherwise. Digital output supplied by eNVee Creative which is uploaded to social media should be tagged with the following tags or identifiers: @envee_creative, envee.com.au.
Your data and the data attached to this event will be securely held by eNVee Creative and will not be sold on. Contact details may be added to our contacts database and the Client may receive occasional messaging from eNVee Creative.
The God clause - Force Majeurre: eNVee Creative services will do their best to fulfil this agreement but will not be held responsible for events beyond our control. Such events may include war and conflict, flood, fire, power supply failures, equipment failure or theft, other suppliers failures, strike action and civil unrest, superior instruction (Including venue restrictions) and other events which limit our ability to perform to the clients or reasonably expected level.
Other Conditions may be applied and are listed separately.