The parties to this Agreement are as contained below.
Photographer – Mikaela Kirra Ryan owner/photographer of Kirra Photography ABN:92246125105
Client – Shari Winkelman
2. THE PACKAGE
The photography package between Kirra Photography and the client, is for a photo session type as described below, and consists of:
a) Session for Kirra Photography and the client to familiarise themselves with the event location on a date agreed to by Kirra Photography and the Client prior to the photography event, if required.
b) The 30 minute photo session which is to occur on the scheduled date, as detailed below:
November 14, 2015
c) Photographs as detailed below:
10 custom edited digital files on a USB with print release for general printing (no competition entries)
12 pack custom designed double sided Christmas cards with envelopes
Facebook cover photo
3. FEE AGREED
The fee as agreed by Kirra Photography and the Client is as detailed below.
Payment of $50 (fifty dollars AUD) of the fee is payable on the signing of this Agreement (“the deposit”) and the balance is due and payable on the session date, or such other time as agreed by the parties (“the payment due date”). In the event that the balance of the fee is not paid by the payment due date, Kirra Photography is entitled to terminate this Agreement and the Client will forfeit any deposit paid.
5. ENTIRE AGREEMENT
This agreement contains the entire understanding between Kirra Photography and the Client. It supersedes all prior and simultaneous agreements, either written or verbal between the parties. The Client acknowledges that the Client cannot rely on any representations made by Kirra Photography during the course of any negotiations as they do not form part of this Agreement nor may the Client rely on existing images taken by Kirra Photography as an indication of the quality and outcome of this event for the Client.
If the parties agree to waive one provision of this agreement then such waiver 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.
Upon signature of this Agreement by the parties and receipt of the deposit as outlined in 4: Payment, Kirra Photography will reserve the time and date agreed upon, and will not make other reservations for that time and date.
The parties agree to positive co-operation and communication for the best possible result within the definition of this assignment. Kirra Photography is not responsible if key individuals fail to appear or co-operate during photography sessions, neither for missed images due to details not revealed to Kirra Photography. Kirra Photography recommends that the Client designate an “event guide” on the day to point out important individuals for informal or candid photographs to the photographer during the event that they wish to have photographed. The Client is responsible for the conduct of their guests.
9. IMAGES OF CHILDREN
The Client hereby agrees that the Client is solely responsible for obtaining the consent of the guardian of any child under the age of eighteen (18) years that may be the subject of photography or appear in any photographs. The required consent is granted by signing of this Agreement.
The photographs, digital negatives and prints (“collectively called “the photographs”) produced by Kirra Photography are protected by Federal Copyright Laws (all rights reserved) and may not be reproduced in any manner without Kirra Photography’s written permission. Kirra Photography hereby agrees to allow the Client to use and reproduce the photographs for the Client’s own personal use.
11. LIMIT OF LIABILITY DUE TO ILLNESS OR INJURY
In the unlikely event that Mikaela Kirra Ryan of Kirra Photography is injured or becomes too ill to photograph the event, Kirra Photography will endeavour to assign another Photographer of similar ability, as agreed upon by both parties.
12. LIMIT OF LIABILITY DUE TO LOSS
In the event that the photographs, images or data is lost, stolen or destroyed, Kirra Photography’s liability is limited to the return of all payments received for the event.
Although every possible care will be taken to produce photographs of all important events during the shoot, Kirra
Photography cannot place an unconditional guarantee on the above. Kirra Photography will not be held responsible for any ruined photographs due to guests’ (or any other) flashes; or any other ruined photographs due to any other cause in or outside of Kirra Photography’s control.
Kirra Photography will not tolerate verbally or physically abusive behaviour, nor will they share their 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 photos 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 Kirra Photography, it will result in the early or immediate departure of Kirra Photography. The Client understands that in such an event, Kirra Photography may request a recovery cost for damaged property.
15. COMPLETION SCHEDULE
Photograph processing takes up to twelve weeks. Every effort will be made to ensure that the finished product is available prior to the time limit; however where circumstances beyond Kirra Photography’s control prevent early availability or cause a delay past twelve weeks Kirra Photography will not be held accountable.
16. MODEL RELEASE
The Client hereby grants to Kirra Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the event and of the Client, or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, including social media; to alter the same without restriction; and to copyright the same. The Client hereby releases Kirra Photography and its legal representatives and assigns from all claims and liability relating to the said photographs.
The Client grants Kirra Photography permission to display the images resulting from the event as an example of
Kirra Photography’s work and for entrance into photographic competitions and release all claims to profits that may
arise from use of images. The Client also grants Kirra Photography use of its corporate logo to use for Kirra Photography’s promotional purposes e.g. corporate website.
If for some reason the scheduled session date is required to be cancelled by the Client, 48 hours notice is required for all sessions excluding ‘Cake Smash Sessions’ for the deposit to be transferrable to another session date agreed upon by Kirra Photography and the Client (within three months of the scheduled date subject to Kirra Photography’s availability). If the session is cancelled with under 48 hours notice, the deposit is forfeited by the Client.
For ‘Cake Smash Sessions’ 7 days notice is required if the Client wishes to cancel a scheduled session date and the deposit is transferrable to another session date agreed upon by Kirra Photography and the Client (within three months of the scheduled date subject to Kirra Photography’s availability). If the session is cancelled with under 7 days notice, the deposit is forfeited by the Client. This is due to the nature and preparation required for the session and to cover the cost of the cake.
18. SIGNED AGREEMENT
I have read and understood the terms above.
The performance of this contract on behalf of Kirra Photography shall be contingent upon severe weather,
flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions
beyond their control.
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.
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those
changes or amendments specifically placed in writing, attached, dated, and signed by the Client and Kirra Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.
Acceptance of this contract is completed by following the below link and answering the required questions.
After acceptance has been completed a copy of the accepted contract will be emailed to the nominated email address within 48 hours.