Terms & Conditions of Engagement

JAZZY PHOTOGRAPHY A.B.N. 92 550 648 061 STANDARD TERMS AND CONDITIONS


Jazzy Photography
and the Client (the Parties) hereby acknowledge the following standard terms and conditions of Agreement (this Agreement).


DEFINITIONS

“Assigns” means a person or any company to whom Jazzy Photography has assigned or licensed rights under this release as well as the licensees of any such person or company.
“Client” means the person or entity signing this agreement.

“Consideration” means $1 or something else of value the Client has received in exchange for the rights granted by the client in this Agreement.
“Content” means all photographs, film, audio, or other recording, still or moving, taken of the Client as part of the Shoot.
“Images” means the photos taken by Jazzy Photography in respect of the Services, and includes Proofs (proof images) and/or high-resolution digital files and includes all Images taken at the Session, both available for review, and the final images ordered by the Client (Final Images).
“Jazzy Photography” means Jazzy Photography A.B.N. 92 550 648 061, its employees and assigns.

“Media” means all media including digital, electronic, print, television, film, radio, social media (including Facebook and Instagram), online blogs, and other media now known or to be invented.
“Model” means the Client and includes the Client’s appearance, likeness and voice.
“Order” means the Images ordered by the Client after the Shoot.
“Parent” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “the Client” in this Agreement, as the context dictates.
“Price” means the
Standard charges set out in the schedule provided to the Client prior to the commencement of this Agreement and is subject to variation from time to time, or as provided to the client from time to time.
“Services” means the photography Services, being either the portrait package (“portrait package(s)”) or wedding package (“wedding package(s)”) described to the Client by Jazzy Photography at the time of entry of this Agreement.

“Session” means the date the photos are taken by Jazzy Photography in respect of the Services.
"Shoot" means the photographic film or recording session described to the Client by Jazzy Photography from time to time.

ORDERS

• 1.
  Jazzy Photography will have ready for collection any Images and proof books ordered and any other additional material ordered including the CD/USBs with the high resolution digital files of all Images, once final payment has been made.

• 2.
  Images will usually be available for review 2 - 6 weeks from the Session at which time the Client must make an Order.

• 3.
  Albums will be available for collection approximately 8 - 12 weeks from the Order.
  Any enlargements may take an additional 1‐2 weeks or possibly longer when laboratory and bindery schedules are heavy.

• 4.
  Final Images will be ready approximately 2 weeks from the date of the order.

• 5.
  The Client acknowledges that while Jazzy Photography will endeavour to provide the Album approximately 8 - 12 weeks from the Order, no guarantee can be given in respect of this timeframe. The Client indemnifies Jazzy Photography from any loss, claim or damages in respect of any delay caused by external providers, in respect of Albums being provided to the Client.

• 6.
  The Client acknowledges that a small selection of Images and/or Content will be uploaded to Jazzy Photography's Media, including social media, being Jazzy Photography's Facebook and Instagram pages and/or Blog within 1 week after the session, unless consent is denied from the Client.
  

• 6. Any Images and/or Content will not be uploaded to Jazzy Photography's Media, including social media, being Jazzy Photography's Facebook and Instagram pages and/or Blog, as the Client does not give the consent to do so.

• 7.
  Unless otherwise written, proofing galleries (the Gallery) will be made available for 30 days in which time the Client will have a chance to review their Images and use their session’s credit to place an order.
  

• 8.
  Once client has signed off on album changes and has agreed to all image adjustments being acceptable and ready for print, Jazzy Photography will go ahead with the order, at which time the complete payment is then final and non-refundable.

  
  PAYMENT

• 9.
  The Client agrees to pay the Price for the Services (plus GST, if applicable) to Jazzy Photography.

• 10.
  The Client must pay 20% of the Price for the Services/product upon ordering with Jazzy Photography and within 7 days of signing this Agreement and before any services or ordering will take place from Jazzy Photography. The deposit is a non-refundable deposit (the deposit).

• 11.
  The remainder of the price (the remainder) is payable in full by the date of ordering and signing off on all print adjustments, crops and products. Once order is underway, no amount is

• 12.
  For wedding packages there is a $200.00 late payment fee for any payments that are not received by Jazzy Photography by the required date.

• 13.
  The Client must pay $20.00 to Jazzy Photography if they wish to re-open the Gallery outside of the timeframe for placing of Orders as outlined at clause 10.

• 14.
  Prices are subject to change without notice. Clients will receive the Price for the Services, at the time of booking the Services. Payments may be made by cash, personal check, or by credit cards through PayPal. If paying by check and credit card payment must clear before receiving the Services or before booking is confirmed. If payment is returned for any reason, Jazzy Photography has right to hold on to the Images/Content until full payment is made.

• 15.
  All amounts payable under this Agreement are exclusive of GST. If any amount payable under this Agreement is the consideration for a taxable supply under GST Law, then GST, calculated in accordance with the GST legislation, must
  be paid in addition to the amount specified in this Agreement at the same time and in the same manner as the Fee and Expenses. All stamp duties and governmental charges, if any, arising out of or incidental to this Agreement are the responsibility of and must be paid by the Client.
  
  CANCELLATION

• 16.
  In the event of cancellation by the Client, the deposit is non-refundable.

Jazzy Photography agrees to refund all additional paid money (less expenditures for which receipts will be provided), to the Client.

• 17.
  The deposit shall be liquidated for damages to Jazzy Photography in the event of a cancellation, or breach of contract by the client. The client shall also be responsible for payment of any materials/charges incurred up to time of cancellation. The retainer shall be applied towards the total cost of the Services.

• 18.
  In the event the Client cancels or postpones the Services prior to an order being made, Jazzy Photography reserves the right to charge the Client the full Price of the Services completed until said date including retouching, image adjustment time and expediture.

• 19.
  Jazzy Photography’s discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies may result in cancellation of this Agreement at its absolute discretion. Non‐cooperation by the Client, changes in locations, facilities or available times, missed appointments and late payments are examples of such factors. Should Jazzy Photography initiate the cancellation, in accordance with this clause, all fees will be returned.

TERMINATION

• 20.This Agreement may be terminated if:

• a) The Client fails to pay any part of the Price;

• b) The Client is in breach of this Agreement and has failed to rectify the breach within 30 days after receiving notice from Jazzy Photography of such breach.

• c) The Client is declared bankrupt, enters into administration or into liquidation;

• 21.
  Immediately upon termination:

• a) all rights in the Images and/or work(s) pursuant to this Agreement, revert to Jazzy Photography

• b) the Client must return all physical property (including but not limited to the Images and any equipment); and

• c) all Fees and Expenses owed to Jazzy Photography under this Agreement must paid in full.

REFUND

• 22.
  In the case of faulty products or products arriving that look or are different to the agreed sizing, adjustments, colours or materials, Jazzy Photography will reorder the products free of charge to the client. A refund will only be made payable if the product ordered is no longer available or in a material, colour or adjustment agreed to by the client in the initial contract and no other product, material or adjustment is to the client's liking. The refund will be made to the discretion of Jazzy Photography given these extreme circumstances.

RIGHTS GRANTED

• 23.
  In consideration of the full payment of the Price by the Client, Jazzy Photography grants the Client the right use the Images Ordered.

• 24.
  Jazzy Photography reserves the right to use the Images for the purposes of promoting and marketing the Photographer, including but not limited to displaying the Images in Jazzy Photography’s portfolio, on its website and in galleries or in photography competitions.

• 25.
  Jazzy Photography expressly reserves all other rights subsisting in the Images not specifically granted in this Agreement.

INTELLECTUAL PROPERTY

• 26.
  Jazzy Photography is the owner of the intellectual property created by the Jazzy Photography in the course of the Services, including but not limited to the Images & Content, digital or electronic material, transparencies, negatives and prints relating to the Images.

• 27.
  Jazzy Photography retains all rights and ownership in the Images and the Content and any negatives (or digital equivalent) from which the Images are derived. No interest in the negatives (and/or digital equivalent) is assigned or licensed to the Client by this Agreement, unless expressly specified in the Summary. Unless otherwise agreed in writing, Jazzy Photography is not responsible for storing or archiving the Images.

• 28.
  Jazzy Photography shall own the copyright in all Images and Content created and shall have the exclusive right to make reproductions. Jazzy Photography shall only make reproductions for the Client or for Jazzy Photography’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of Jazzy Photography’s studio. Jazzy Photography is entitled to use any Images & Content created for any social media or for advertising unless the Client denies consent.

• 28.
  Jazzy Photography shall own the copyright in all Images and Content created and shall have the exclusive right to make reproductions. Jazzy Photography shall only make reproductions for the Client. Jazzy Photography cannot use any Images & Content created for any social media or for advertising as the Client denies consent to do so.

• 29.
  The Images, digital negatives or prints and Content produced by Jazzy Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Jazzy Photography’s explicit written permission. The Client, has limited copyright ownership of the resulting images will be transferred to the Client under the following conditions:

• a) the negatives, Digital Images, Digital Files and/or slides are the property of the Client for personal use and for the purposes of the reproduction and distribution of Images to friends and relatives.

• b) the Client must obtain written permission from, and compensate Jazzy Photography prior to an event where the Client, the Client’s friends or relatives publish or sell the photographs for profit.

JAZZY PHOTOGRAPHY’S INTERPRETATION

• 30.
  The Parties agree and acknowledge that the details of the Services, Content & Images and/or works the subject of this Agreement have been discussed by the Parties applicable brief.

• 31.
  It is further acknowledged that in the event the Client or the Client’s representative is not present on the Photography Date(s) at the Location, then Jazzy Photography’s interpretation of the Services shall prevail.

WARRANTY AND INDEMNITY

• 32.
  The Client warrants to Jazzy Photography that:

• a) it has the capacity and authority to enter into this Agreement;

• b) it has obtained the necessary clearances in relation to the subject matter to be photographed; and

• c) it will only use the Images in accordance with the rights granted under this Agreement.

• 33.
  The Client agrees to indemnify Jazzy Photography against any actual and direct loss, claim, injury or damage (including any reasonable legal costs or expenses properly incurred) by Jazzy Photography, as a direct result of breach by the Client of the above warranties or any breaches of this Agreement.
  
  MISCELLANEOUS

• 34.
  This Agreement constitutes the entire understanding between the Parties, and may not be modified, amended, or otherwise altered unless agreed in writing between the parties.

• 35.
  If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.

• 36.
  Each party must do all acts and execute all documents as necessary to give effect to this Agreement.

• 37.
  The Client must not assign or sub-license all or any of its rights in this Agreement without prior written consent of Jazzy Photography.

• 38.
  This Agreement must be read and construed according to the laws of NSW. The Parties submit to the non-exclusive jurisdiction of the Laws of NSW.

• 39.
  The Client will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired.

• 40.
  Jazzy Photography
  will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s).

• 41.
  For Wedding Packages, Jazzy Photography is limited by the guidelines of the ceremony official or the reception site management. The Client agrees to accept the technical results of their imposition on Jazzy Photography. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. Jazzy Photography will offer technical recommendations only.

• 42.
  The Client is responsible for the conduct of their guests. For Wedding Packages, the Client will direct all other service providers (florist, DJ, caterer, etc…) to provide any needed information and cooperation to Jazzy Photography. Coordination with other service providers is necessary to complete all the photography sessions as scheduled. The Client should share the photography schedule with other service providers to make sure that there is no conflict in times. In addition, events during the wedding day should be planned to make the best use of time from all vendors.

• 43.
  Jazzy Photography will not tolerate verbally or physically abusive behaviour, nor will it share its time or compete with guest photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography may seriously affect the quality of the photographs taken and increase the number of times the Image must be re‐taken. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of Jazzy Photography, it will result in the early or immediate departure of Jazzy Photography and right of Jazzy Photography to cancel this Agreement. The Client understands that in such an event, no refunds will be granted. The Client will be responsible for the costs of any repair or replacement.

• 44.
  The Client provides permission to Jazzy Photography to short list the proof Images or 'Highlights' to be uploaded to Jazzy Photography's website under the client portal and, afterwards, to Jazzy Photography's Blog.

• 45.
  The Parties agree to positive cooperation and communication for the best possible result in respect of the Services. Jazzy Photography is not responsible for the Client’s failure to be present or to cooperate during the Sessions, including for any missed images due to details not revealed to Jazzy Photography. Jazzy Photography recommends the Client designate a ʺShoot listʺ to point out important individuals to Jazzy Photography, whom the Client wishes to include in informal or candid Images.

• 46.
  The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties involved. The Client and Jazzy Photography agree that positive cooperation and punctuality are therefore essential. However, in the case that Jazzy Photography of Jazzy Photography, is delayed due to traffic occurrences or unforeseen circumstances, Jazzy Photography will not be made responsible for part of the event not been covered.

• 47.
  It is understood that Jazzy Photography will act as the sole and exclusive photographer, in respect of the Services ordered by the Client, pursuant to this Agreement.

• 48.
  In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Jazzy Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Service.

• 49.
  Jazzy Photography takes the utmost care with respect to exposure, transportation and processing of Images; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the Client’s Images being lost, stolen or destroyed for reasons within or beyond Jazzy Photography's control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the Price defined in this Agreement. 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.

• 50.
  In order to ensure that Images desired by the Client are recorded and preserved for them, and to lessen the possibility of equipment or photographer error, there are some poses and group shots that will be taken multiple times and or with multiple cameras. This is done to ensure that if a person blinks, distractions in the background which are not initially seen, hair, clothes or equipment (camera, flash, or some other item) fails to work as expected another image using the same or different camera has also recorded a similar image. This means that there will be multiple similar images delivered to the client.

• Group Images will require more images be taken so as to ensure that the best possible image is captured.

• 51.
  When Images are taken with multiple different cameras, each one will have a different type of lens on it. This results in slight perspective changes (wide angle on one camera, standard lens, or a telephoto lens on a camera) and thus also more variety to choose from while performing the ʺinsuranceʺ function at the same time. Where there is Multiple images with same camera, especially on group shots, two or three similar images will occur in a row. Different camera settings are sometimes used to ensure proper exposure which may not always be noticeable.

• 52.
  The Client should realise that up to 1⁄5th of the Images received could be very similar by using this system to ensure that the best possible image is recorded.

• 53.
  Although every possible care will be taken to produce Images of all important and special events during the Wedding or Portrait Session, Jazzy Photography cannot place an unconditional guarantee on the above. Jazzy Photography will not be held responsible for any ruined images due to guests’ (or any other) flashes; or any other ruined images due to any other cause in or outside of Jazzy Photography’s control.

• 54.
  The performance of this Agreement on behalf of Jazzy Photography shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.

• 55.
  If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

• 56.
  This Agreement has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the Client and Jazzy Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.

• 57.
  Jazzy Photography will allow for limited professional Image manipulation (if technically possible) on Images of the Client’s choice. All images are optimised and sharpened as part of the service, however any further photo manipulation on certain images, needs to be requested specifically by The Client and an additional charge of time will be added. The Client will reside with the fact that Jazzy Photography has performed to its best ability with regard to the specific task and that Jazzy Photography has no further responsibility towards said image manipulation and no refund will be offered.

• 58.
  The only way to add or change this agreement is to for the Client to request same in writing, subject to Jazzy Photography consenting to any changes via further written agreement. If the parties want to waive one provision of this agreement,
  that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing. The Client acknowledges the content herein is to be agreed way of electronic signature.

• 59.
  The Client consents to receiving this agreement, including all of its terms, electronically from Jazzy Photography.

  
  RELEASE

• 60.
  For consideration herein acknowledged as received, and by signing this release the Client
  hereby gives Jazzy Photography permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. The client agrees that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified.

• 61.
  The Client agrees they have no rights to the Content or the Images (other than those expressly granted in this Agreement) and all rights to the Content and Images otherwise belong to Jazzy Photography. The client acknowledge and agrees that the client has no further right to additional consideration or accounting, and that the client will make no further claim for any reason to Jazzy Photography. The client acknowledges and agrees that this release is binding upon their heirs and assigns.

• 62.
  The Client releases and discharges Jazzy Photography/Filmmaker from any and all claims and demands arising out of or in connection with the use of the Content and the Images, including without limitation any and all claims for libel and invasion.

• 63.
  The Client agrees Jazzy Photography/Filmmaker will not be responsible for any accidents, property damage. The Client agrees to release and hold harmless Jazzy Photography, its agents and employees from any and all claims for damages.

• 64.
  The Client acknowledges that if they wish to have the Content or the Images removed from public media after the date of this release, that any such request must be made in writing to Jazzy Photography and that any such request will be considered at the absolute discretion of Jazzy Photography, and may be subject to the Client refunding any consideration paid by Jazzy Photography and any consideration paid in respect of this Agreement.

• 65.
  The Client hereby assigns and grants Jazzy Photography and its legal representatives the irrevocable and unrestricted right to use and publish the Images and Content of the Client or in which the Client may be included, for editorial, trade, advertising, competition or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Jazzy Photography and its legal representatives and assigns from all claims and liability relating to Images and Content. It is agreed that Jazzy Photography may display and use the Images and Content taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Jazzy Photography.

• 66.
  If applicable, if the Client or its guests are minors or lack capacity in the jurisdiction of residence, the Parent warrants and represents that Parent is the legal guardian of the Client/Model, and has the full legal capacity to consent to the shoot and the execute this release of all rights in the model's content. If you are a parent signing in the capacity, please enter your details and your name below.

• 67.
  The Parties agree to cooperate and communicate for the best possible result within the definition of this assignment. Jazzy Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed Images due to details not revealed to Jazzy.

• 68.
  Although Jazzy Photography will do everything possible to ensure that the best Images are obtained from your session, a child or baby's unwillingness to comply or engage in the session is the parent or care-givers responsibility not Jazzy Photography’s, and a rescheduling of the session is at Jazzy Photography’s discretion, depending on the circumstances for the session.

• 69.
  In the unlikely event that Jazzy Photography is injured or becomes too ill, or has an extreme emergency preventing her from photographing the event, Jazzy Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased.

• 70.
  Jazzy Photography takes the utmost care with respect to exposure, transportation, processing
  and archiving the Images. However, in the unlikely event that Images have been lost, stolen, or destroyed for reasons within or beyond Jazzy Photography's control, Jazzy Photography’s liability is limited to the return of all payments received for the portrait package. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Jazzy Photography. In the event Jazzy Photography fails to perform for any other reason, Jazzy Photography shall not be liable for any amount in excess of the retail value of the Client's order.

• 71.
  The Client is responsible for their conduct at all times. Any breakage or damage to equipment or studio contents are the sole financial responsibility of Client. The Client agrees to hold Jazzy Photography and its agents harmless for any injuries or damages sustained preceding, during, and immediately following a session.

• 72.
  The Client is obtaining the Images and Content for personal use only, and shall not sell said Images/Content. If the Client is obtaining Images/Content for newspaper announcement of the wedding, editorial use or website, Jazzy Photography authorizes the Client to reproduce the print in this manner. However, in such event, the Client agrees to run a credit for Jazzy Photography adjacent to the photograph. If the client wishes to use any images by Jazzy Photography on Social Media, they can only do so by ensuring Jazzy Photography is 'Tagged' and/or Jazzy Photography's Website is credited along with each image.