Terms and conditions are as much about protecting your rights to a professional service as the photographer’s intellectual property. Although Michelle Kelly Photography retains copyrights to all the images taken, any digital photos purchased by you allows you unlimited non-commercial image reproduction. Which in short means you can make as many copies as you like to distribute between friends and family, but you can not sell the images for profit or commercial gain.
By completing our booking form you are agreeing to this contract, and you acknowledge acceptance of the terms and conditions detailed below, which also underlines our commitment to giving you a professional service.
1. RESERVATION
Upon booking and/or paying a deposit, MICHELLE KELLY PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the Reservation Deposit is non-refundable, even if the date is changed or the photography cancelled for any reason; including acts of God, fire, strike and/or extreme weather. The Reservation Deposit is to be paid at time of booking. The Reservation Deposit is applied towards the contracted photography package. THE CLIENT understands and agrees that the entire amount owed for the photography package described in the contract is due before any photography takes place.
2. CANCELLATION
In the event that THE CLIENT cancels the contracted services for photography outlined in this contract before the photography takes place, the deposit will be forfeit.
3. COOPERATION
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. MICHELLE KELLY PHOTOGRAPHY is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to MICHELLE KELLY PHOTOGRAPHY.
4. DIGITAL FILES, PRINTS & COPYRIGHTS
The photographs, digital negatives or prints produced by MICHELLE KELLY PHOTOGRAPHY are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without MICHELLE KELLY PHOTOGRAPHY’s explicit written permission. A selection of fully edited digital image files will be supplied to THE CLIENT in high-resolution Joint Photographic Experts Group (JPEG) format. This selection of image files will be comprised based on MICHELLE KELLY PHOTOGRAPHY’s professional assessment and experience. Under no circumstances will unprocessed raw files be provided to THE CLIENT. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions:
The digital images files are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
THE CLIENT must obtain written permission from MICHELLE KELLY PHOTOGRAPHY prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit or commercial use.
5. MODEL RELEASE
THE CLIENT hereby assigns and grants MICHELLE KELLY PHOTOGRAPHY and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases MICHELLE KELLY PHOTOGRAPHY and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that MICHELLE KELLY PHOTOGRAPHY may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by MICHELLE KELLY PHOTOGRAPHY.
6. EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood that MICHELLE KELLY PHOTOGRAPHY will act as the sole and exclusive photographer. Because of time constraints and the need for subjects to pay full attention to the professional photographer, additional guest photography cannot be permitted.
7. GUEST BEHAVIOUR & CONDUCT
MICHELLE KELLY PHOTOGRAPHY will not tolerate verbally or physically abusive behaviour. 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 the photographer, it will result in the early or immediate departure of the photographer. THE CLIENT understands that in such an event, no refunds will be granted.
8. FADING & DISCOLOURATION
The CLIENT acknowledges that Photographic works may fade or discolour over time due to the inherent qualities of materials used. The CLIENT releases the Photographer from any liability for any claim based upon fading or discolouration.
9. CLIENT CONFIDENTIALITY
The CLIENT must advise the photographer as to whether any material or information communicated to him/her is of a confidential nature. The Photographer will keep confidential material or information communicated to him/her in confidence for the purposes of the photography, except where it is reasonable necessary to enable the Photographer to carry out his/her obligations in relation to the booking.
10. PHOTOGRAPHER NOT LIABLE FOR LOSSES
Except as provided for by the Consumer Guarantees Act 1993 the Photographer shall not be liable for:
a) any loss or damage arising by reason of any delay in the completion of the Photo graphic works; or
b) any loss of profits; or
c) any indirect or consequential loss of whatever nature; or
d) any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a CLIENT’s verbal instructions arising directly or indirectly from any breach by MICHELLE KELLY PHOTOGRAPHY of any of its obligation under the booking or from any cancellation of the booking or from any negligence on part of the photographer.
11. LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. MICHELLE KELLY PHOTOGRAPHY will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
MICHELLE KELLY PHOTOGRAPHY’s liability to the CLIENT for any and all the costs, loss or damage suffered by the CLIENT, however caused, arising out of or connected with the performance or failure of performance of photographic service by the Photographer, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the CLIENT under the Booking agreements.
12. METHOD OF REMUNERATION
Payment may be made in cash or deposited into the following bank account:
Bank: ANZ
Account Number: 06-0401-0396157-000
Account Name: Michelle Kelly Photography Limited
PROOF OF PAYMENT TO BE PROVIDED ON REQUEST
13. RIGHT OF WITHDRAWAL
MICHELLE KELLY PHOTOGRAPHY’s discovery of new information, changes to agreed circumstances, or other factors which tends to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should MICHELLE KELLY PHOTOGRAPHY initiate the withdrawal, all fees will be returned, excluding deposit as well as fair market value for all services/products already provided. In case of withdrawal, $100.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
14. NON-GUARANTEE
Although every possible care will be taken to produce photographs of all important and special events during the wedding, MICHELLE KELLY PHOTOGRAPHY cannot place an unconditional guarantee on the above. MICHELLE KELLY 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 MICHELLE KELLY PHOTOGRAPHY’s control.
15. PERFORMANCE
The performance of this contract on behalf of MICHELLE KELLY PHOTOGRAPHY shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
16. COVID-19 & VACCINATIONS
Sessions taking place in-studio require all clients aged 12 years and over to be fully vaccinated against Covid-19. Proof of vaccination may be requested and QR codes are available for sign-in purposes.