Terms & Conditions

 

As is the industry standard, all our photography is conditioned upon the Terms and Conditions of our business. These terms may vary with each photo assignment. You, the client, will always receive exact details in advance of any work performed.

1. DEFINITIONS

  • “Agreement” is by and between Social Laura (“Photographer”) and You (“Client”).

  • “Client” includes client’s principals, employees, affiliates, and representatives.

  • Client has the legal authority to enter into the Agreement on behalf of its employer, company, or organisation. Photographer’s relationship with Client is that of an independent contractor.

  • “Image(s)” means all visual representations delivered to Client by Photographer, whether captured, delivered, or stored, in photographic, magnetic, optical, electronic, digital, analogue, or any other, media.

  • “Publication” means any media outlets such as newspaper, magazines, websites, books and the like.

  • “Work Order” means emails or phone calls requesting a service to be performed by Photographer.

  • “Licence” means the right to use the image as specified at the time of Work Request.

2. PUBLICATION and COPYRIGHT

Client acknowledges that Photographer is the author of the raw Image(s) and also the first and sole owner of all copyrights of the raw Image(s). All raw Images and copyrights remain the exclusive property of Photographer without limitation.

Unless otherwise stated, Photographer retains the right to use any Image(s) for self-promotion purposes, provided that any such use is lawful and without harm to Client.

3. GENERAL LIABILITY and RELEASES

Client will indemnify, defend, and hold harmless, Photographer, and Photographer’s contractors and representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from Client’s use of the Image(s).

Photographer is not responsible for obtaining model, property, trademark, or other releases in connection with any Image(s) unless specifically stated in the Agreement. It is Client’s responsibility to obtain the necessary permissions for any Image use that require releases.

In all event, Photographer’s liability for all claims will not exceed the total amount paid in accordance with the Agreement.

4. PAYMENT

Prompt receipt of full payment is a key tenet of the Agreement.

NO WORK IS PERFORMED UNTIL PHOTOGRAPHER HAS RECEIVED PAYMENT IN FULL. CLIENT AGREES TO PAY PHOTOGRAPHER IN FULL BEFORE USING IMAGE(S) PROVIDED BY PHOTOGRAPHER.

All invoices are due upon receipt to secure time and date of the photoshoot.

Photographer does not provide any receipts to Client. Photographer’s invoice will serve as Client’s receipt for work performed and services rendered.

5. CREDITING and COPYRIGHT NOTICES

Published images should identify the Photographer through a copyright notice, a hyperlink to SOCIALLAURA.COM or by using the words ‘images by Social Laura’. Any exception to this should be requested and discussed at the time of Work Order.

6. CANCELLATIONS and POSTPONEMENTS

Once Client and Photographer have agreed to time(s) and date(s) for a photography assignment, Photographer will not accept other work from any other clients for agreed time(s) and date(s).

Where Client postpones or cancels an assignment, or is unable to reschedule said assignment to a time and date agreeable to Photographer, Client will be responsible for payment of any and all expenses up to the time of postponement or cancellation.

If the same assignment is rescheduled for a later date, full fee and any additional expenses will be charged for the actual shooting.

All bookings are final and non-refundable.

Fees for cancellation or postponement will apply irrespective of the reasons for the cancellation or postponement. However, Photographer understands that life doesn’t always happen as planned and consideration will be given in any such circumstance.

7. RESHOOTS

If a reshoot is required for reasons beyond the control of Photographer or Client, including, but not limited to, weather conditions, acts of God or the fault of a third party, Photographer will not charge an additional fee, but Client agrees to pay all expenses incurred as a result of the reshoot.

 8. FAILURE TO PERFORM

If Photographer is unable to supply his photographic services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond her control, then Photographer will attempt to procure the services of another professional photographer to fulfil her obligations. If that does not succeed, Photographer will return any fees paid by Client and will have no further liability with respect to this Agreement, and Photographer will not be responsible or liable for any other damages beyond the amount of this Agreement.

This limitation of liability will also apply in the event that any Images are lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.

9. KILL FEE

Provided that Photographer has executed the photography assignment in a professional and competent manner, Client agrees to pay Photographer all fees and expenses in connection with said assignment, whether or not Client uses any Image(s).

10. ARCHIVING DIGITAL FILES

While Photographer may choose to archive the Image(s), it is Client’s responsibility to properly store and archive the Image(s). Photographer cannot guarantee the availability of any Image(s) beyond the date of first delivery to Client.

Client is aware that optical, magnetic, electronic, and any other, media for storing digital data are inherently unstable. Client hereby releases Photographer and Photographer’s contractors and representatives, from any liability for any claims, damages, or costs, arising from any media supplied by Photographer which may become unusable.

11. DIGITAL FILE QUALITY

Photographer is committed to providing high quality services. Unless otherwise specified by writing by the Photographer, Photographer may deliver, and Client agrees to accept, the Image(s) encoded in an industry-standard data format that Photographer may select, at a resolution that Photographer determines will be suitable to the reproduction technology and use(s) for which the Image(s) is licensed.

Photographer uses cameras and monitors that are colour calibrated to industry standards. Due to variances in computer monitors, software and platforms, the Image(s) may display differently on other monitors. Therefore, neutrals will be set for mathematical neutrality and colour will be adjusted for pleasing tonalities.

It is Client’s responsibility to verify that the digital data, including colour profile, if provided, are suitable for reproduction of the expected quality and colour accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable (within a reasonable time frame), Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

 12. ACCEPTANCE OF TERMS

Client may not assign or transfer the Agreement or any of the rights granted hereunder. The Agreement is binding upon, and inures to the benefit of, Client and Photographer, as well as their respective principals, employees, representatives, and successors. Client and its principals, and employees, are jointly and severally liable for the performance of all payments and other obligations hereunder.

No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorisations for any additional Image(s), fees, and expenses, that could not be confirmed in writing due to the immediacy of completing the photography assignment.

The Agreement will be deemed to be a contract made under the laws of Australia and the State of Western Australia, and for all purposes will be interpreted in its entirety in accordance with these laws. Client specifically and irrevocably confers personal jurisdiction over it by the courts of Western Australia, Australia. Client will pay all arbitration and court costs, reasonable legal fees, expenses, and legal interest, on any award or judgment in favour of Photographer.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

In addition to oral and written agreements, use of any Image(s) by Client will constitute acceptance of all the above terms and conditions.