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Photography Contract | Cake Smash Experience (Film)

1. PARTIES

The parties to this Agreement are as contained below.

Photographer – Mikaela Kirra Ryan owner/photographer of Kirra Photography ABN:92246125105

Client – LYNELLE MOONEY

2. THE PACKAGE

Cake Smash photography package between Kirra Photography and the client for the purpose of filming by In Focus Media where the resulting film and photographs will be used for the purposes of advertisement, marketing and education.

The package is for ONE photography sessions as described below, and consists of:

– Cake Smash | October 18th 2020 commencing at 9am | STUDIO TRARALGON

Inclusions:

– Total of 10 hand edited digital photographs on a USB

Following the session a gallery reveal and product ordering consultation at Kirra Photography’s studio (or if studio is not an option due to government restrictions, online viewing will be available) will occur on a date agreed to by Kirra Photography and the Client within four weeks of the session occurring. The gallery will contain approximately 30 hand edited digital photographs to choose the included photographs from. The Client will have the opportunity to purchase additional digital photographs, prints, wall art and albums if they wish to, with no obligation to do so. If the requirements outlined in Section 5: REQUIREMENTS are not met by the Client, Kirra Photography is entitled to retain the deposit outlined in Section 4: HOLDING DEPOSIT and is not required to complete the experience and/or provided the outlined inclusions.

3. FEE AGREED

In exchange for the photography session and the inclusions listed in Section 2:THE PACKAGE, there is nil fee payable by the Client to Kirra Photography.

4. HOLDING DEPOSIT

A refundable deposit of $50 (fifty dollars AUD) is required to be paid by the Client to Kirra Photography to secure this experience.

The deposit is due by 11.59pm on 7th October 2020 and can be paid via one of the methods listed on www.kirraphotography.com/payment-details .

If the deposit is not paid by the due time, the Client will forfeit this experience and Kirra Photography will offer the experience to another applicant.

The deposit is returned to the Client upon completion of the session on October 18th provided that the Client meets the requirements of the session outlined in Section 5: CLIENT REQUIREMENTS.

If the Client does not attend and/or does not meet any of the requirements in Section 5: CLIENT REQUIREMENTS the deposit is forfeited to Kirra Photography and is not returnable to the Client, nor transferrable to any other product or package that Kirra Photography offers.

5. CLIENT REQUIREMENTS

In exchange for the free experience and inclusions outlined in Section 2: THE PACKAGE, the Client agrees to:

(a) Attend the photography session on the date and time outlined in Section 2: THE PACKAGE
(b) Ensure their child outlined in the Application Form attends the photography session on the date and time outlined in Section 2: THE PACKAGE
(c) Complete this Photography Agreement and comply with all sections, including Section 9: CO-OPERATION
(d) The Client’s child wear the outfits provided by Kirra Photography and ensure that the outfits are returned in the condition that they received them in
(e) Agree to be filmed by In Focus Media
(f) Understand that all props, cake and colour choices are made by Kirra Photography in the artistic vision of the experience.

If any requirement is not met, Kirra Photography reserves the right to not complete the experience, provide the inclusions and/or refund the deposit outlined in Section 4: HOLDING DEPOSIT.

6. 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 coverage for the Client.

7. WAIVER

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.

8. RESERVATION

Upon signature of this Agreement by the parties and receipt of the deposit as outlined in Section 4: HOLDING DEPOSIT, Kirra Photography will reserve the times and dates agreed upon.

9. CO-OPERATION

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 the Client and/or their family members fail to appear or co-operate during photography sessions, neither for missed images due to details not revealed to Kirra Photography or due to forces outside of Kirra Photography’s control.  The Client is responsible for the conduct of any people present at the sessions.

9. IMAGES OF CHILDREN

The Client provides consent for any child under the age of eighteen (18) years that may be the subject of photography/film or appear in any photographs/film to be photographed and filmed and the resulting media to be published in advertising, promotion, marketing, online and in any other method Kirra Photography deems fit.  The required consent is assumed by signing of this Agreement.

10. COPYRIGHT

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.

With the photographs chosen by the Client for the inclusion(s) noted in Section 2: THE PACKAGE, Kirra Photography hereby agrees to allow the Client and their immediate family to use and reproduce those specific photographs for the Client’s own personal use. If and when the Client and/or any other person publishes photographs online in any form including social media and websites, the Client is responsible for including details that the photograph was taken by Kirra Photography (this can be done on social media by “tagging” Kirra Photography’s social media profile and on websites by linking www.kirraphotography.com). The Client is responsible for ensuring this occurs if they or anyone else publishes a photographed from this experience. The Client and their immediate family or any other persons are not given permission to alter, edit or otherwise change the photographs (including the use of “filters”).

Competition entry, advertisement and promotion (including “social influencing”), and supplying images to suppliers (such as venues) is not permitted without Kirra Photography’s expressed written consent.

Kirra Photography does not provide any permission to the Client or any other person to screenshot, photograph or otherwise steal any photographs taken by Kirra Photography at any point in time.

11. LIMIT OF LIABILITY DUE TO ILLNESS OR INJURY

In the unlikely event that Mikaela Kirra Ryan of Kirra Photography or the videographer with In Focus Media is injured or becomes too ill to photograph or film the session, Kirra Photography will offer a rescheduled date. In the unlikely event that an injury or illness occurs to a Client and/or their family during, before or after a session or interaction with Kirra Photography, Kirra Photography takes no responsibility and all responsibility falls with the Client.

12. LIMIT OF LIABILITY DUE TO LOSS

In the event that the photographs, images or data is lost, stolen or destroyed prior to the inclusions listed in Section 2: THE PACKAGE is provided to the Client, Kirra Photography’s liability is limited to a rescheduled session.

13. NON-GUARANTEE

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 Clients flashes or intervention; or any other ruined photographs due to any other cause in or outside of Kirra Photography’s control.

14. CONDUCT

Kirra Photography and/or In Focus Media will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest, personnel, or photographers for the attention of the subjects. Unchecked guest conduct that interferes with photography and film may seriously affect the quality of the photographs and film taken and increase the number of times photos and film must be re-taken, or may result in a missed image. If the Client is unable to control the conduct of their family, resulting in an unacceptable degree of misconduct, or if the conduct of any of their family damages the equipment of Kirra Photography and/or In Focus Media, it will result in the early or immediate departure of Kirra Photography. The Client understands that in such an event, Kirra Photography and/or In Focus Media may request a recovery cost for damaged property and no reimbursement of fees payable will be available.

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 In Focus Media and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs and film of the experience and of the Client and their family, 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, In Focus Media and its legal representatives and assigns from all claims and liability relating to the said photographs.

17. EXHIBITION

The Client grants Kirra Photography  permission to display the images resulting from the sessions as an example of Kirra Photography’s work and for entrance into photographic/film competitions and release all claims to profits that may arise from use of images.

18. CANCELLATION

Given the nature of this experience, if the Client cancels or does not attend the session or meet any of the requirements outlined in Section 5: REQUIREMENTS, the holding deposit is forfeited by the Client and Kirra Photography will not provide the experience and/or inclusions outlined in Section 2: THE PACKAGE.

19. PERFORMANCE

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 performance cannot occur on the scheduled date for the above reasons, Kirra Photography will offer a rescheduled date when practical and safe to do so.

20. SEVERABILITY

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.

21. AMENDMENTS

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.

22. SIGNED AGREEMENT

I have read and understood the terms above. By signing this agreement I also confirm I have viewed a current pricing guide and understand that the pricing can be changed at any time at the discretion of Kirra Photography. By signing this agreement, I understand products, including but not limited to, albums, wall art, home art, cards and prints, are an additional fee to the service fee outlined in 3: Fee Agreed. I understand that raw digital images cannot be purchased under any circumstances.