AGREEMENT OVERVIEW: This Agreement expresses the full and complete agreement between the CLIENT and JASMINE ANN GARDINER PHOTOGRAPHER of PO Box 1947 Margaret River, Western Australia regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties.
COOPERATION: Unless otherwise noted, JASMINE ANN GARDINER PHOTOGRAPHER, it's associates or employees will be the exclusive photographer(s) at this commercial photography shoot. The Parties agree that good faith cooperation and communication between them is important in obtaining a good result. JASMINE ANN GARDINER PHOTOGRAPHER recommends that CLIENTS identify to the photographer(s) important products/items and interiors/exteriors. CLIENTS must also notify JASMINE ANN GARDINER PHOTOGRAPHER and photographer(s) in writing if they wish to have anything photographed in a particular way. JASMINE ANN GARDINER PHOTOGRAPHER or the photographer(s) will not be held accountable for not photographing desired products and interiors/exteriors if there is no one to assist in identifying these particular details and photographs. JASMINE ANN GARDINER PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to JASMINE ANN GARDINER PHOTOGRAPHER or beyond the photographer(s) control.
JASMINE ANN GARDINER PHOTOGRAPHER will photograph items in a way similar to the mood board supplied and agreed upon .
IMAGES and COPYRIGHTS: Photographs/images produced by JASMINE ANN GARDINER PHOTOGRAPHER are protected by Copyright Law (all rights reserved) and are non-exclusively licensed to the CLIENT. JASMINE ANN GARDINER PHOTOGRAPHER reserves the right to use all images on her website, blogs, or any other related marketing material and in competitions. Upon final payment by CLIENTS, CLIENTS are allowed to display resulting images for commercial use. Said images may not be altered or onsold in any manner without prior written permission of JASMINE ANN GARDINER PHOTOGRAPHER. When publishing the photos socially or commercially, JASMINE ANN GARDINER PHOTOGRAPHER must be noted as the photographer (See: LICENSE + CREDIT).
MODEL RELEASE. The CLIENTS hereby grants to JASMINE ANN GARDINER PHOTOGRAPHER and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release JASMINE ANN GARDINER PHOTOGRAPHER and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to MRS GARDINER PHOTOGRAPHER’S use of said images.
LIMIT OF LIABILITY: In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, JASMINE ANN GARDINER PHOTOGRAPHER will contact the CLIENT as soon as possible, to arrange another suitable date and time, and if necessary (if an event), will try to find a replacement photographer. If this does not suit the CLIENT, the CLIENTS agree that responsibility and liability of JASMINE ANN GARDINER PHOTOGRAPHER to the CLIENTS is limited to the return of all payments received for the photoshoot. JASMINE ANN GARDINER PHOTOGRAPHER takes the upmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images will not be lost, stolen, or destroyed for reasons within or beyond JASMINE ANN GARDINER PHOTOGRAPHER'S control. CLIENT agrees that JASMINE ANN GARDINER PHOTOGRAPHER or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the photoshoot should the client have not received any images.
LICENSE + CREDIT: HIGH RESOLUTION This license is non-exclusive and allows for printed and published materials by the purchaser including advertising and web use by the purchaser of the images. Please note images are not to be onsold or given to other persons/companies unless confirmed in writing prior. Is required in printed magazine/newspaper articles and in online articles outside of your own company’s website/socials. Images are not to be digitally altered (unless to be cropped) following receipt by the CLIENT.
LICENSE + CREDIT: LOW RESOLUTION This license is non-exclusive and allows digital files downloaded to be used online only for personal and/or commercial use by the purchaser of the images. Please note images are not to be onsold or given to other persons/companies unless confirmed in writing prior. When sharing images on instagram and/or facebook please tag @jasmineanngardiner in both the picture and the caption. Images are not to be digitally altered (unless to be cropped) following receipt by the CLIENT.
BACKING UP: The CLIENT agrees to backup all received images from JASMINE ANN GARDINER PHOTOGRAPHER following receipt and understands that JASMINE ANN GARDINER PHOTOGRAPHER cannot and does not, guarantee that photographs/images will not be removed, lost, stolen, or destroyed for reasons within or beyond JASMINE ANN GARDINER PHOTOGRAPHER control.
ADDITIONAL IMAGES: If JASMINE ANN GARDINER PHOTOGRAPHERS agreed upon photography package/quote does not include all images, further images can be purchased via the online gallery/at a later date for $15/web resolution image (online use only) or $35/high resolution image (for print and online use). Batches of 10+ images receive a 10% discount. Additional Investment for the full gallery (if not included in the photography package/quote) will be sent through with the CLIENT gallery. JASMINE ANN GARDINER PHOTOGRAPHER is not registered for GST.
BOOKING FEE & PAYMENT SCHEDULE: A non-refundable booking fee of $200.00 is due at the signing of this agreement. This is a NON-REFUNDABLE BOOKING FEE. Should the CLIENT cancel or otherwise breach this Agreement, the NON-REFUNDABLE BOOKING FEE shall be liquidated for damages to JASMINE ANN GARDINER PHOTOGRAPHER. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the booking fee shall be applied towards the Final Total, with the remainder of charges payable in full, prior to taking the photographs. If extras (additional props such as flowers, are added, payments must be paid before images are handed over to CLIENTS.