Melissa Louise Photography Pty Ltd and the Client hereby acknowledge that the following Standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.
Engagement and Services
The Agreement is between Melissa Louise Photography Pty Ltd and the Client named in the portrait photography contract. The Client wishes to engage Melissa Louise Photography Pty Ltd and Melissa Louise Photography Pty Ltd accepts the engagement to hereby:
(a) provide the Services to the Client and
(b) produce and make available edited Digital Photographs to a secure online album and
(c) provide any other products as agreed on by both Melissa Louise Photography Pty Ltd and the client
Contract and Payment Arrangements
- A 20% deposit of selected package is required to secure your booking. Final payment is required no later than the day of your booked session. It is understood by Melissa Louise Photography Pty Ltd that by the Client paying their deposit via our electronic invoice, they are accepting our Terms & Conditions set out within.
- These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at: www.melissalouisephotography.com.au on the bottom of our website. Our terms and conditions apply to all previous, current and future clients.
- The Client agrees to pay the Fee to Melissa Louise Photography. All additional costs such as permits to photograph in national parks/beaches etc that require permits, if any, are the responsibility of and must be paid for by the Client.
Cancellations and Rescheduling
If a cancellation is made within 1 month from the session date, Melissa Louise Photography Pty Ltd reserves the right to charge the Client the 20% deposit Fee regardless of how much work has been carried out prior to or after the cancellation including all post processing work which would have been carried out should the session have gone ahead. If you wish to reschedule your session or move your session time, then we require a minimum 14 days notice. If in the case that we do not receive notification within this time, we can not promise to honour any requested changes as we often have commitments/bookings which have been arranged prior to suit our schedule.
Melissa Louise Photography will provide a schedule within 1 week from the date that the client has booked. The schedule will include all known times for each component of the session. It is the responsibility of the client to inform Melissa Louise Photography of any changes or additions made to the schedule no sooner than 14 days prior to the session date. Melissa Louise Photography is not responsible for any omissions to the schedule that result in us not being able to carry out our duties. Melissa Louise Photography will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.
Limitations from venues
Please note that Melissa Louise Photography is governed by the restrictions imposed by churches and venues. In some cases, venues restrict the movement of photographers, the use of flash or in extreme cases prevent the taking of photographs at all. It is the responsibility of the client to inform themselves of these restrictions and inform Melissa Louise Photography prior to the session date. Melissa Louise Photography will not be held responsible for any lack of photographs delivered due to these restrictions.
Copyright in the photographs is retained only by the client, for either private, domestic and personal use only. Any sale or commercial use must have written approval by Melissa Louise Photography Pty Ltd. Melissa Louise Photography Pty Ltd asserts all moral rights attached to the Photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of Melissa Louise Photography Pty Ltd except in the case of cropping an image. The client may submit images to their other vendors for social media use only, however, a credit to Melissa Louise Photography as the photographer must be requested and given in the form of either a social media handle or direct website link, however the client shall have no liability if the publication refuses or omits to do so. Our social media handle is @melissalouisephotography_photography and our website link is www.melissalouisephotography.com.au
Image Style & Editing Process
The client acknowledges that they are familiar with our style, and that our work is continually evolving and is of a unique and artistic nature, that the photos taken may be different from those taken in the past and that Melissa Louise Photography will use their expertise and artistic judgement to create images consistent with their vision, which may be different from the clients. Our editing encompasses colour grading of all selected images for the client in Lightroom, however, our prices do not include cropping or advanced editing/retouching such as individual removal of pimples, scars, double chins etc. Additional editing may be requested and a fee per image will be quoted upon request and must be accepted prior to any work being carried out.
Melissa Louise Photography may use your images for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent. This is optional and the client must inform Melissa Louise Photography in writing if they do not wish to have their images used in any advertising or promoting.
Melissa Louise Photography will keep copies of both your finished jpegs for 5 years and your RAW files for two years from the date of your session. Melissa Louise Photography is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
All clients will be supplied with high-resolution jpeg files upon final delivery on either USB or by means of a shared storage folder. Images deliverable in High-Resolution (or known as High-Res) are 300DPI with at least 4000 Pixels in the longest edge. At no stage will RAW files be delivered. Online galleries will be uploaded within 4 weeks of the session date excluding public holidays. Final delivery of USB drives, prints, albums and/or framed prints will be up to 6 weeks excluding public holidays and delivery times.
In the unlikely event we are unable to complete the coverage due to fire or other casualty, strike, or other cause beyond the control of the parties, or due to Photographer illness, then Melissa Louise Photography shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement; In the case of illness we will work together to either reschedule an appropriate and convenient time or find another professional photographer to cover your day.
Loss or Damage
Melissa Louise Photography Pty Ltd shall carry out this assignment with due and professional diligence. Elements that are beyond our control include interruption of our service due to guest photographers, faulty material, equipment failure or damage or loss of digital files. In the case of digital file loss, Melissa Louise Photography and the client agree that the liability of Melissa Louise Photography shall be limited to a full or partial refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered.
It is understood that it is the clients responsibility to inform the Photographer by email for all communications including but not limited to any date, time or location changes. Melissa Louise Photography is not liable for any claims for messages sent by mobile text messages or social network websites.
Every effort will be made to capture as many moments from your session as humanly possible however it is not possible to capture absolutely everything. If you have suggestions or particular compositions, please email us a list of these suggestions and we will do our best to capture them. Melissa Louise Photography is not responsible for a missing family member(s) during the session.
- It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the location while Melissa Louise Photography is working, and that any breach of this agreement will constitute a reason for non-completion of the job with no liability to Melissa Louise Photography and loss of any fees paid by the client.
- The client is responsible for the conduct of their guests. Melissa Louise Photography will not tolerate verbally or physically abusive behaviour. 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.
- In the event that the family/guests are taking photos, Melissa Louise Photography is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. Melissa Louise Photography is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
Breaks & Meals
Melissa Louise Photography will be allowed one 20 minute break at their own discretion, and bathroom breaks when necessary. Each photographer will be provided a full guest meal for any photography session lasting longer than 5 hours. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 minutes.
It is the client’s responsibility to take care of any children; Melissa Louise Photography will not accept any responsibility due to any accident to children or damage to public or private properties during the photo session or consultation.