1. PARTIES
The parties to this Agreement are as contained below.
Photographer – Mikaela Kirra Ryan owner/photographer of Kirra Photography ABN:92246125105
Client – ROXY WHITECHURCH
2. THE PACKAGE
NEWBORN photography package between Kirra Photography and the client.
The package is for TWO photography sessions as described below, and consists of:
– Maternity | 28/03/2020 6.20PM | RAILWAY RESERVE TRARALGON
– Newborn | Due Date June 2020 | STUDIO TRARALGON
Inclusions:
– Total of 25 hand edited digital photographs on a USB with corresponding 6×4″ art prints
Following each session a photo reveal and product ordering consultation at Kirra Photography’s studio (or if studio is not an option, 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.
3. FEE AGREED
The fee as agreed by Kirra Photography and the Client is as detailed below.
$775 (seven hundred and seventy five dollars AUD)
4. PAYMENT
Deposit
A non-refundable deposit of $50 (fifty dollars AUD) has been paid and
required for the booking of this package.
Full Payment
The remaining payment of $725 (seven hundred
and twenty five dollars AUD) is payable by 01/06/2020.
At payment of the deposit and the signing of this Agreement Kirra Photography
secures the photography session dates.
The payments are non-refundable and non-transferrable.
In the event that the full payment is not made Kirra
Photography is entitled to terminate this Agreement and the Client will forfeit
any and all payments paid thus far.
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 coverage for the Client.
6. 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.
7. RESERVATION
Upon signature of this Agreement by the parties and receipt of the deposit as outlined in 4: Payment, Kirra Photography will reserve the times and dates agreed upon, or where a time and date are not yet available, a tentative place will be reserved, and will not make other reservations for that time and date.
8. 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 key individuals 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. Kirra Photography recommends that the Client designate an “ideal shots guide” for the Birth and other sessions to advise the photographer prior to the session/coverage. The Client is responsible for the conduct of their guests and any other personnel present at the session/coverage.
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, including children that the Client is guardian of. 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 purchase of additional products by the Client at the product ordering session, Kirra Photography hereby agrees to allow the Client to use and reproduce the photographs for the Client’s own personal use. 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.
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 a session, Kirra Photography will endeavour to assign another Photographer if another Photographer is available. In the case that another Photographer is not available, Kirra Photography will offer a rescheduled date.
In the event of the Birth Coverage, where a rescheduled date is not practical, the photographer will reimburse the portion of the birth payment to the Client which is limited to $1000.00 (one thousand dollars AUD).
In the unlikely event that an injury or illness occurs 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, Kirra Photography’s liability is limited to a rescheduled session. Where this is not practical for the Birth Coverage the photographer will reimburse fifty percent of the portion of the birth payment to the Client which is limited to $1000.00 (one thousand dollars AUD).
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 guests’ (or any other) 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 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 may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken, or may result in a missed image. If the Client is unable to control the conduct of their guests or personnel, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests or personnel 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 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 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.
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 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.
18. CANCELLATION
If for some reason the
scheduled session date is required to be cancelled by the Client due to
illness, 24 hours notice is required for all sessions except for cake smashes
where 48 hours notice is required and a fee of $50.00 (fifty dollars AUD) may
be applicable for a new cake to be produced.
Only one reschedule is available per session. If a second date is cancelled by
the Client, Kirra Photography will terminate the agreement and the Client
forfeits all payments made thus far to Kirra Photography.
For Birth Coverage, cancellation can only occur due to a medical condition and no reimbursement on payment will occur as outlined in previous sections.
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, will offer a rescheduled date when
practical and safe to do so.
In the event of the Birth Coverage, where a rescheduled date is not practical,
the photographer will reimburse the portion of the birth payment to the Client
which is limited to $1000.00 (one thousand dollars AUD).
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.