The following is the text of the service agreement that we offer to clients who request photographic services: (Last revision 1 January 2015)
This agreement is between Photoeventz (the photographer), and the Client as detailed on the Booking Confirmation/Tax Invoice form.
It is agreed that the services detailed in our Booking Confirmation/Tax Invoice form and any attachments are subject to the terms and conditions set out in this Service Agreement and no variation or modification of the agreement shall be effective unless agreed by the Photographer and Client in writing.
The Photographer undertakes to carry out the agreed duties and provide the requested services in a timely and professional manner. If for any reason the services cannot be delivered or provided and where this is shown to be the fault of the Photographer, it is agreed that there will be a fee adjustment to take into account the reduced capacity of the Photographer to provide the agreed services. In the event of a dispute, the Client and the Photographer agree to appoint and accept the decision of an independent arbitrator. Any compensation for services not provided shall be limited to the agreed value of those services as set out in the Booking Confirmation/Tax Invoice form, and in any event, shall be limited to the amount previously paid for those services.
The Client acknowledges that the photographic coverage will be at the discretion of the Photographer. No one photograph will be deemed to be more important than another. Special requests are not binding instructions, but the Photographer agrees to make every effort to comply with the Client's requirements.
The client agrees that they will make their own assessment of the suitability of any venue and accept full responsibility for their own safety and the safety of any member of their party.
Subject to the payment of the full fee, the Photographer may grant to the Client unlimited worldwide reproduction rights to the photographs. The Photographer also acknowledges that the Client owns the copyright of images commissioned for domestic use (for example, family portraits, wedding photos etc). The Photographer claims a "right of restraint" to prohibit the use of images commissioned for domestic use being used for commercial purposes without prior written agreement. Where images are commissioned for commercial use, the Client acknowledges that the copyright is owned by the Photographer and subsequent use will be as agreed (our usual policy is to grant unlimited use).
Photoeventz reserves the right to prohibit the copying of a cd/dvd containing the photographs where the cd/dvd contains a presentation produced by Photoeventz (for example, a showreel presentation which may contain music with reproduction restrictions).
The Client hereby indemnifies the Photographer against any claims and damages, including reasonable legal fees, arising from the Client's use of the photographs and the Photographer's use of any material under instruction from the Client.
Our event web galleries are generally made available online for a period of three (3) months following the event. If the client wishes to extend this period, a hosting fee of $10 per month will be charged.
The Client hereby grants to the Photographer the right to use any image taken as a result of this agreement for display in the Photographer's portfolio, exhibitions, competitions and other promotions of the Photographer's work. Where the Client is arranging a function at which photographs of other people may be taken, the Client agrees to advise participants of the terms of this agreement. Anyone who does not wish their photograph to be taken should make this known to the Photographer. The Photographer agrees that he will act on a reasonable written request from the Client that particular photographs not be used for these purposes. Other than for these purposes, the Photographer agrees that no commercial or product promotion use will be made of the photographs unless agreed to in writing by the Client and/or the person(s) indentifiable in the photograph(s).
The Client understands and acknowledges that certain lighting conditions, reflections, dyes and materials can affect the ability of photographic equipment and materials to reproduce the exact colour as perceived by the human eye. The Photographer will endeavour to provide a pleasing colour balance appropriate to the end use of the images. The Client also understands that image sizes are arbitrary and that the Photographer's ability to match the size requested will depend on the cropping of the photograph.
Original image files will normally be supplied as .jpg files unless prior arrangement is made for a different type of file (for example, .tif, png, raw or .psd file types).
The Client also acknowledges that color dyes and inks used in photography may fade or discolor over time due to the inherent qualities of the inks or dyes, and the Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is the Client's responsibility to ensure proper storage and protection of all print and original media. Dvd material will normally be supplied on industry standard DVD-R media.
The Photographer agrees that the Client may cancel this agreement at any time by giving written notice to the Photographer but in doing so may forfeit any monies paid.
The Client agrees that the Photographer may cancel this agreement at any time by giving written notice to the Client and providing a full refund of any fees paid by the Client. The Photographer confirms that cancellation will only be contemplated where the Photographer is physically unable to perform the duties specified. The Photographer also confirms that in the event of cancellation, he will use his best efforts to locate and arrange an alternative photographer.
In the event of cancellation, the Client and the Photographer agree that the liability of one party to the other shall be limited to any money that has previously been paid in relation to this agreement. Neither party shall be liable for indirect or consequential loss.
Any complaints should be notified to the Photographer, in writing, within 28 days of receipt of the images or provision of the services detailed in the Booking Confirmation/Tax Invoice form.
The Photographer agrees to reply to any complaint within a period of 14 days.
The Photographer will make every effort to resolve any issues as quickly as possible. It is our intention that our clients are completely happy with the services and products we provide. If there is a problem or issue, we would like to hear about it so it can be resolved. Where mutual agreement to resolution is not possible, the Photographer agrees to meet with an independent referee to attempt to bring the matter to a satisfactory solution.
If you have any questions about our terms of service, the practices of this site, or your dealings with Photoeventz, you can contact us using the information below.