Terms and Conditions
AGREEMENT FOR SUPPLY OF GOODS AND SERVICES – Josephine Carter PHOTOGRAPHY
RECITALS
1. Interpretation
This agreement is governed by the laws of the jurisdiction in which the services are primarily delivered, and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
In the interpretation of this agreement:
(a) References to legislation include amendments, re-enactments and any regulations made under them;
(b) Words in the singular include the plural and vice versa, and references to individuals include corporations and vice versa;
(c) References to money are in Australian dollars (AUD);
(d) References to a party include their heirs, executors, administrators, and permitted assigns;
(e) Defined terms apply to their grammatical variations;
(f) Obligations affecting multiple parties bind them jointly and individually.
2. Agreement
The parties agree to the supply and payment for the photography services and any related goods as set out in this agreement and any written correspondence between the client and Josephine Carter Photography (the “supplier”).
3. Term
This agreement commences upon payment of a service retainer and continues until all services are delivered, or unless terminated in accordance with this agreement. It may also be implied by the client depositing the required fees or providing instructions to proceed.
4. Relationship
The supplier is an independent contractor and not an employee, partner, agent, or joint venture participant of the client.
5. Retainer and Payment
5.1 A non-refundable service retainer (“retainer”) is required to secure the session date.
5.2 Upon payment of the retainer, the agreed date and time will be reserved. No images are included in the retainer if not otherwise stated in the service description.
5.3 Failure to pay the retainer by the due date will be considered a material breach, and the agreement may be terminated, with any monies paid forfeited.
5.4 The full fee must be paid by the date and in the manner directed by the supplier.
6. Pricing
Prices for services and products not listed in this agreement are subject to change without notice.
7. Client Age & Supervision
All clients must be 18 years or older. Any subject under 18 must be accompanied and supervised by a parent or legal guardian.
8. Conduct During Session
8.1 All attendees agree to cooperate to achieve the best results.
8.2 The client may provide a photo list in advance. The supplier will make reasonable efforts to accommodate, but does not guarantee any specific shots.
8.3 It is the client’s responsibility to communicate any special requests or important individuals to be photographed.
8.4 Outfit changes do not extend the session time.
8.5 The client is responsible for the conduct of all attendees. Inappropriate, threatening, or offensive behaviour may result in the session being terminated, with all fees forfeited.
8.6 No one is required to pose in a way or location that feels unsafe. The supplier is not responsible for injury resulting from location or positioning choices requested by the client.
9. Session Location
9.1 The session location must be agreed in advance. The supplier may decline unsuitable locations.
9.2 If relocation occurs during the session, travel/setup time is included in the session duration.
9.3 If relocation is required due to unforeseen events, any extension is at the supplier’s discretion.
9.4 The client is responsible for securing all necessary permits. Any fines from unpermitted locations are the client's responsibility.
10. Photographs
10.1 The supplier has full creative control over editing. Final images are delivered in JPEG format.
10.2 RAW files may be provided upon request up to 2 months after final image delivery, and suitable storage supplied by the client. The supplier is not liable for any issues arising from RAW file usage.
10.3 Additional edits may be available at $25 per image, at the supplier’s discretion.
10.4 The supplier selects the final images to deliver. A minimum of 50 edited images per hour will be supplied unless agreed otherwise.
10.5 Images will be delivered via an online gallery and must be downloaded within 4 weeks. After this period, the gallery may be deleted without notice.
10.6 Physical prints or USBs are not included unless specifically agreed in writing.
11. Photography Exclusivity
11.1 The supplier reserves the right to hire qualified subcontractors to fulfill services as needed. The supplier and/or any hired subcontractors will be the sole professional photographer(s) at the session.
11.2 Guests and vendors must not interfere with the supplier's work. Flash photography from others may be limited at times to ensure quality.
12. Late Arrival
12.1 If the supplier arrives late, the missed time will be added to the end of the session.
12.2 If the client is late, the session will still end at the originally agreed time, with no refund or extension.
13. Cancellation
13.1 If the client cancels the session, the retainer is forfeited.
13.2 If the supplier cancels, the retainer will be refunded.
14. Rescheduling
14.1 Rescheduling is at the supplier’s discretion.
14.2 If agreed, a new non-refundable retainer must be paid and the session can only be rescheduled once.
14.3 Weather-related rescheduling initiated by the supplier will not incur a fee. If the client insists on proceeding and conditions prevent image capture, the supplier is not liable.
14.4 The supplier may end or cancel a session due to weather risks to safety or equipment, with no refund if the client was advised to reschedule and chose not to.
15. Termination
The supplier may terminate the agreement immediately if the client:
- Commits a serious breach of terms;
- Damages the supplier’s reputation;
- Commits an act of fraud or dishonesty;
- Is charged with a criminal offence.
16. Post-Termination
16.1 Final accounts will be settled upon termination.
16.2 Termination does not affect rights or obligations accrued prior.
17. Assignment
The client may not assign this agreement without written consent. The supplier may subcontract photographers but remains responsible for service delivery.
18. Image Use (Model Release)
18.1 The supplier may use images for advertising, portfolio, or promotional purposes.
18.2 Clients may not resell or license images without written consent.
18.3 Clients must notify the supplier in writing if they do not wish their images to be used. Previous social media use can be removed upon written request.
19. Copyright & Intellectual Property
The supplier retains full copyright and intellectual property ownership of all images, including edited and original versions.
20. Confidentiality
The terms of this agreement and any related information are confidential. Neither party may disclose them without written consent unless required by law.
21. Entire Agreement
This is the entire agreement between the parties and overrides all previous agreements, written or verbal.
22. Amendments
Changes to this agreement must be in writing and signed by both parties.
23. Dispute Resolution
23.1 A party must not start legal action unless:
- They notify the other in writing of the dispute and desired resolution;
- Both parties attempt to resolve the issue within 14 business days;
- If unresolved, the dispute must be referred to mediation under the Resolution Institute Mediation Rules.
23.2 This clause survives termination.
24. Limitation of Liability
The supplier is not liable for loss or damage to images after delivery. If unable to deliver images, the supplier's liability is limited to a refund of fees paid. The client indemnifies the supplier for any injury or loss arising during the session.
25. Waiver
Failure to enforce any part of this agreement is not a waiver of future enforcement.
26. Force Majeure
Neither party is liable for delays or failures caused by events beyond their control, including natural disasters, illness, government restrictions, or equipment failure.
27. Severability
If any part of this agreement is unenforceable, the rest remains in effect.
28. Notices
Notices must be given in writing and can be delivered:
(a) In person;
(b) By post (considered received after 2 business days);
(c) By email (considered received once sent unless bounced).
