TERMS AND CONDITIONS
Booking Form - The form used for photo shoots to outline the photography brief and image usage requirements.
Client - The person or organisation nominated on the Booking Form who has commissioned the photographic services of Casamento Photography Pty Ltd.
Photographer - The professional photographer nominated by Casamento Photography to carry out the works as outlined in the Booking Form.
Photographs - Digital images, prints, transparencies, negatives etc. (also referred to as 'images', 'photos' or 'pics').
Casamento Photography retains all copyright and moral rights to each image supplied and agrees to licence the use of the images to the Client for the media and usage requirements agreed to by both parties. Copyright may be transferred to the Client if necessary, however there would be an additional fee which would be calculated on an individual project basis. Transfer of copyright must be agreed to in writing.
The Client retains the right to use the images for a set period of time and for the purpose/s as outlined in the Booking Form once a photo shoot is commissioned. Two years is the standard Usage Licence term unless a different mutual agreement is made. The usage period begins once images have been delivered, however usage rights are not granted unless until all fees have been paid in full to Casamento Photography.
Any extended usage beyond two years may be subject to a further fee. The Client must contact Casamento Photography for any such requirements.
Unless otherwise agreed to, the standard size of images supplied by Casamento Photography is suitable for print reproduction up to A3 size. Any images required larger (for billboard, banners, posters, etc.) may be subject to an additional post production and usage fee. The Client should contact Casamento Photography for a quote prior to using images in such a way.
Images may not be passed on or sold to any third party or parties without seeking written permission from Casamento Photography. If additional third party usage is required, or if usage that extends beyond the original agreement and understanding is sought, the Client should contact Casamento Photography prior to any further distribution of images.
Unless otherwise agreed to in writing, images are supplied on a non-exclusive basis. Casamento Photography reserves the right to use any images for promotion or publicity on its website, social media sites or in digital or printed marketing material. Casamento Photography will make reasonable attempts to notify the Client of any such usage, and where it is deemed appropriate, Casamento Photography will seek the Client's permission first.
During the terms of the Client's Usage License, the opportunity may arise for commercial usage of images by a third party. Casamento Photography may only on-sell images to third parties on the following conditions:
- that there is no conflict of interest with the Client's image usage requirements;
- that the Client has given permission for images to be on-sold to a third party;
- and that all three parties have agreed to any additional conditions or usage restrictions.
The Client agrees to honour the Moral Rights of the Photographer by acknowledging and crediting the Photographer accordingly any time an image is published online or in print. The Client also agrees to include a link to the Casamento Photography website www.casamento.com.au where it is deemed appropriate.
If the Client is attributing an image but is uncertain as to which photographer created the photo, the answer can be found by following the instructions on the Image Metadata web page. Otherwise, simply credit Casamento Photography.
The following attribution is preferred:
Photo: Photographer’s name / Casamento Photography
The Client is responsible for completing the Booking Form and Photography Brief accurately and thoroughly. The Photographer agrees to follow the brief and attempt to complete the Client's requirements to the best of their ability within the allocated time. The Photographer is not responsible for failing to photograph aspects which are not written in the Booking Form or Photography Brief.
The Client is responsible for having an authorised representative present during the photo shoot for the purposes of approving the Photographer’s interpretation of the brief. If no representative is present, the Client shall accept the Photographer’s interpretation. The Client shall be bound by all approvals and changes made by its representative.
Payment is due upon receipt of images. If there are difficulties with making payment, the Client is expected to contact Casamento Photography immediately. Casamento Photography reserves the right to collect a 30% deposit for estimates over $4000. If a deposit is required, the Client will be informed, then it must be paid in full prior to the commencement of the shoot.
CANCELLATIONS, POSTPONMENTS & SUBSTITUTIONS
A photo shoot is considered booked in at the time of verbal or written confirmation. If a confirmed booking is cancelled or postponed for reasons other than weather or other cause beyond the control of all parties, Casamento Photography reserves the right to consider the circumstances and may charge 50% of the Photography Pre-Production fees and 100% of all direct costs incurred or due including, but not limited to, staff hiring fees, accommodation and travel expenses, props, equipment, studio and vehicle hire. If cancelled or postponed within 24 hours of the proposed shoot, Casamento Photography reserves the right to retain 100% of any deposit made. If there was no deposit made, Casamento Photography reserves the right to charge a cancellation fee, plus 100% of the photography and Pre-Production fees and all associated costs incurred.
In the unlikely event of illness or of scheduling conflicts, Casamento Photography may substitute another Photographer to attend a photo shoot in place of the Photographer originally booked in for the shoot. Casamento Photography will make every reasonable attempt to contact the client and inform them of any such circumstances as soon as possible. In the event of such a substitution, the Photographer taking the photos shall be a competent professional who matches the high standards of Casamento Photography. If the Photographer cannot perform their duties due to illness, then Casamento Photography shall return any deposit made to the Client. In the event that the Photographer fails to perform for any other reason, Casamento Photography shall not be liable for any amount in excess of the value of the Client’s order.
If a shoot extends beyond the time stated on the Booking Form or photography brief, additional fees may be incurred. The Client agrees to pay any additional fees and any costs incurred accordingly. Reasonable efforts would be made by the Photographer to inform the Client of any such possibility during a shoot if possible, if it seems that the agreed shoot duration would need to be extended.
Casamento Photography has a reputation for delivering high quality photography, and as such, guarantees that the Client will be satisfied with the results. In the unlikely event that the Client is not satisfied with the images (as per the agreement outlined in the Photography Brief), Casamento Photography guarantees that the Client will receive either a 100% refund or a re-shoot. In the case or a refund, the Client agrees to give up all Copyright and Usage Rights to the images. In the case or a re-shoot, if a re-shoot is indeed possible, Casamento Photography agrees to re-shoot as per the agreement outlined in the Photography Brief, for no additional fee.
It is the Client’s responsibility to gain Release Forms from the people who are photographed, where appropriate. Release Forms should state the intended usage of the images and must be signed and dated by the subject photographed in order to grant permission for the photograph to be published.
The Photographer shall not be liable for any legal action, claim, or damages resulting from or arising out of the publication of the Photographs or other use by the Client. The Client shall indemnify the Photographer against any claims and/or damages against him/her including reasonable legal fees arising from the Client’s use of the Photographs and the Photographer’s use of the material or the instructions of the Client.
Casamento Photography makes reasonable efforts to back up, securely archive and systematically catalogue all original and enhanced images. Should the Client need Casamento Photography to access and retrieve images from its archives in the long term, archive retrieval fees may apply. It is not the responsibility of Casamento Photography to keep backups of images once delivered to the Client. It is therefore strongly recommended that the Client securely archives the images delivered, and agrees to indemnify Casamento Photography against failure to maintain or retrieve back-ups.
Colour dyes in prints can fade over time. Digital files stored on CDs, DVDs, Blu-Ray discs and hard drives can fail over time. Whilst all reasonable efforts are taken to ensure best practises are followed and high quality products are delivered, the Client acknowledges that the quality of print and digital media will naturally diminish over time and therefore releases Casamento Photography from any liabilities or any claims resulting from quality loss over time.