TERMS & CONDITIONS
Terms and Conditions accepted upon paying your Deposit for you Family, Maternity, Newborn or Branding Session.
1. You authorise Fiddle Leaf Photography to arrange the photography in accordance with the details overleaf. You are satisfied that these details are correct, and you understand there is a three working day cooling-off period from the date of the signing this contract before the photography is commenced and for any orders placed.
2. The Booking Fee is not refundable but may be transferable.
3. You have received, read and understand FIDDLE LEAF PHOTOGRAPHY price list, which has been confirmed for our assignment on payment of the deposit/ booking fee provided You order within seven (7) days after the assignment.
4. The booking of and any additional costs incurred for booking venues, photography locations, additional props etc are our responsibility or may be invoiced unless paid for separately.
5. You hereby give permission for Fiddle Leaf Photography to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing material.
6. The details and times listed here form part of this agreement and You agreed to make every effort to cooperate in order for Fiddle Leaf Photography to fulfil its contracted photographic duty. You acknowledge Fiddle Leaf Photography cannot accept responsibility for the 'extent' of the photographic coverage if these details are incorrect or if You chose not to follow the agreed to schedule.
7. To avoid disruption to the photographic coverage and to allow Fiddle Leaf Photography to fulfil its contracted duty; other photography by family/friends at this time is not permitted.
8. You agree Fiddle Leaf Photography owns the Copyright in all photographs. I/ we give permission to Fiddle Leaf Photography to use any image of our sitting for industry competitions and as required subsequent usage and for reasonable general promotional advertising for Fiddle Leaf Photography. The usage for any other purpose is to be renegotiated between the parties and requires specific permission by us.
9. As Fiddle Leaf Photography owns the Copyright, You agree not to copy, cause to be copied or allow anyone else to copy, photocopy, laser copy or computer scan these images. To do so is in breach of this agreement. You will use these photographs as agreed and understand they may not be copied or reproduced unless written approval is granted by Fiddle Leaf Photography.
10. The negatives/digital files remain the property of Fiddle Leaf Photography and will be kept on file a period of five years for re-orders. You may be able to negotiate with Fiddle Leaf Photography for release of the negatives/digital files. Regarding re-ordering photographs, You also understand:
11. Orders must be placed within seven (7) days, otherwise prices current at the time of ordering will apply and You will pay all reasonable freight and postage that You request
12. All orders must be confirmed in writing and accompanied by full payment unless prior arrangement with Fiddle Leaf Photography had been made. Telephone orders require written confirmation with payment before the order can be processed.
13. All orders shall remain the property of Fiddle Leaf Photography until full payment has been made. Orders cannot be separated for collection unless paid for in full.
14. Should You fail to pay and collect any order within fourteen (14) days of notification of completion, the order shall be in default and Fiddle Leaf Photography shall charge a default charge of 1.5% per month (18% annual rate) on the unpaid balance (minimum monthly charge of $5.00). In addition, I/ we acknowledge that no future orders will be processed until the Order is paid in full.
15. Enlargements will carry Fiddle Leaf Photography logo/signature.
16. Fiddle Leaf Photography has no control over the environment in which the photographs are kept and that colour photographs, in common with all sensitised material and colour dyes, have limited life expectancy which is minimised when exposed to strong and prolonged sunlight, heat or fluorescent light sources. Photographs will last longer if displayed under better lighting conditions.
FIDDLE LEAF PHOTOGRAPHY
1. Should Fiddle Leaf Photography not be available for any reason, Fiddle Leaf Photography will notify the Client of the change as soon as it is known and provide another photographer with equivalent skills.
2. The price quoted will be guaranteed for seven days otherwise the current price will be confirmed when the deposit on the order is paid. Any additional costs will be advised and confirmation required before proceeding.
3. As the photographs made by Fiddle Leaf Photography are manufactured with the finest materials currently available, Fiddle Leaf Photography unconditionally guarantees them. If in your opinion any photograph made by Fiddle Leaf Photography has lost its original colour, Fiddle Leaf Photography will replace the photograph for fifty per cent of the current selling price. The original photograph must be returned and the reprinting charge paid in advance. This warranty will be valid for as long as Fiddle Leaf Photography has its possession the original files in a printable condition.
4. The negatives/digital files remain the property of Fiddle Leaf Photography and will be kept on file a period of five years, after which time Fiddle Leaf Photography may negotiate the release of the negatives/digital files.
5. Fiddle Leaf Photography shall carry out this assignment with due and professional diligence. Elements beyond Fiddle Leaf Photography’s control include faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between Fiddle Leaf Photography and professional laboratories employed by Fiddle Leaf Photography, loss or damage to film, negatives/digital files and proofs during processing and developing either by Fiddle Leaf Photography or professional laboratories employed by Fiddle Leaf Photography, industrial disputes, civil disturbances, or weather conditions which may inhibit or prevent Fiddle Leaf Photography completing in whole or in part this assignment. In this case Fiddle Leaf Photography shall not be liable for its complete performance of the assignment. It is agreed that the liability of Fiddle Leaf Photography shall be limited to be a refund of any money paid under this agreement which shall be in full & final satisfaction of any damage or loss suffered.
Terms and Conditions accepted upon paying your Deposit for your Wedding or Elopement Package.
1. FIDDLE LEAF PHOTOGRAPHY’s Responsibilities. hereby agrees to perform photographic services for You at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). FIDDLE LEAF PHOTOGRAPHY may employ one or more assistants. FIDDLE LEAF PHOTOGRAPHY is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. FIDDLE LEAF PHOTOGRAPHY will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by You because of FIDDLE LEAF PHOTOGRAPHY’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If FIDDLE LEAF PHOTOGRAPHY is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, FIDDLE LEAF PHOTOGRAPHY reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, FIDDLE LEAF PHOTOGRAPHY shall not be obligated to refund any of the fees paid by You because of such action.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time FIDDLE LEAF PHOTOGRAPHY commits to being available to You on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that You fails to remit payment as specified, FIDDLE LEAF PHOTOGRAPHY shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.
3. Copyright. All photographs taken by FIDDLE LEAF PHOTOGRAPHY at the Event, in whatever form, are copyright protected. FIDDLE LEAF PHOTOGRAPHY will allow reproduction and publishing for personal use (eg. wall hangings at home, Facebook, blogs), but any sale or publication for profit without FIDDLE LEAF PHOTOGRAPHY’s express written permission is a violation of federal copyright law. FIDDLE LEAF PHOTOGRAPHY retains Copyright in all images taken at the Event. This clause shall survive the Term.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon FIDDLE LEAF PHOTOGRAPHY’s delivery of the final, You-approved album layout (“Album”) to the You, unless terminated earlier as provided herein.
5. Event Changes. FIDDLE LEAF PHOTOGRAPHY must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If You notifies FIDDLE LEAF PHOTOGRAPHY by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then FIDDLE LEAF PHOTOGRAPHY shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to FIDDLE LEAF PHOTOGRAPHY's availability.
6. Cancellation. Upon acceptance of these terms and payment of the retainer, FIDDLE LEAF PHOTOGRAPHY shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If You cancel the Event entirely, then FIDDLE LEAF PHOTOGRAPHY shall not be required to repay any of the payments made by You. It is up to FIDDLE LEAF PHOTOGRAPHYs discretion as to whether rebooking/rescheduling of a date is possible, depending on what availability FIDDLE LEAF PHOTOGRAPHY has.
7. Delivery Date. The Album shall be delivered no later than 90 Days from the date of final You approval.
8. Price Protection. FIDDLE LEAF PHOTOGRAPHY warrants all prices quoted for Event images are valid for a period of 6 Months following the Event. Orders placed after such period are subject to FIDDLE LEAF PHOTOGRAPHY’s published pricing at the time of the orders’ placement.
9. Model Release. You hereby agrees that FIDDLE LEAF PHOTOGRAPHY may reproduce, publish,exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
10. Force Majeure. If FIDDLE LEAF PHOTOGRAPHY is unable to attend Event due to fire, flood,casualty, strike, civil disturbance, war, terrorism, FIDDLE LEAF PHOTOGRAPHY’s sickness, or other acts of God beyond the parties’ control, then FIDDLE LEAF PHOTOGRAPHY shall return all money paid by You (including any retainer), and this Agreement shall immediately terminate.
11. Jurisdiction. The state and federal courts serving Victoria, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.
12. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
13. Assignment. This Agreement may not be assigned.
14. Indemnification. You hereby acknowledges that FIDDLE LEAF PHOTOGRAPHY may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold FIDDLE LEAF PHOTOGRAPHY harmless for the impact such restrictions may have on the final product.
15. LIMITATION OF LIABILITY. FIDDLE LEAF PHOTOGRAPHY’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY YOU FOR THE SERVICES. IN NO EVENT SHALL FIDDLE LEAF PHOTOGRAPHY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF YOU INFORMS FIDDLE LEAF PHOTOGRAPHY OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
16. Event Meals. You shall arrange with the caterer for meals to be provided to FIDDLE LEAF PHOTOGRAPHY and 1 assistant (if applicable).
17. Choice of Law. This Agreement shall be governed by the laws of the State of Victoria, notwithstanding its conflicts of laws provisions.
18. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
19. Protection of Deliverables/Retention of Files. FIDDLE LEAF PHOTOGRAPHY shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to You. Once the Album has been delivered, FIDDLE LEAF PHOTOGRAPHY shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored.
20. Promotion. You hereby give permission for FIDDLE LEAF PHOTOGRAPHY to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.