Terms & Conditions:
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Megapix Ltd trading as 222 Photographic Studios (222PS) and the CLIENT.
2. RESERVATION: Once these Terms and Conditions have been Accepted, 222PS will reserve the time and date agreed upon and will not make other bookings for that time and date. For this reason, the booking retainer of 25% is non-refundable, even if the date is changed or the booking cancelled for any reason. Final Payment will be due one week before the event booking.
3. CANCELLATION: In the event that the CLIENT cancels the contracted services for photography outlined in this contract more than 30 days before the booking takes place, the booking retainer will be forfeit. 222PS agrees to refund all additional paid money to the CLIENT. In the event that the CLIENT cancels the contracted services for photography outlined in this contract less than 30 days before the booking takes place, all money paid will be forfeit and the balance of money owed remains due and owing to 222PS.
In the unlikely event of severe medical, natural, or other emergencies beyond the control of 222PS resulting in the inability to photograph the booking, every attempt will be made to procure the services of another professional photographer to fulfill the obligations of 222PS.
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 booking. If the CLIENT declines the substitute photographer, the CLIENT may instead terminate this Agreement, and receive a full refund of all money paid.
4. FORCE MAJEURE: In the event that the contract is unable to be performed due to circumstances beyond everyone’s control including, but not limited to, an act of God, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather, pandemics and restriction on travel or holding of events, lockdowns, state of emergency or any other cause outside the Photographer’s control, 222PS agrees to refund money paid by the CLIENT apart from a $250.00 fee to cover administration and preparation work done prior to the event and any out of pocket expenses incurred specifically for the booked event.
5. PRE-EVENT CONSULTATION: 222PS will be available for one half hour consultation in the month prior to the booking date in order to finalise the actual shooting times and locations & other details required.
6. EVENT GUIDE: The CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s). 222PS shall be granted creative and artistic licence in relation to the choice of locations and poses used. Our judgement on photographic style and the number of photographs taken, shall be deemed correct. Due to changes of the weather and the availability and willingness of subjects, the photographer will do their best to honour requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.
7. EXCLUSIVITY / GUEST PHOTOGRAPHY: 222PS must be the only service providers on the booking day providing a photography service. Guest cameras are welcome – provided they do not interfere with the ability to document the booking. If a guest is inhibiting our ability to photograph, we’ll request that they put their camera away. The CLIENT acknowledges that 222PS will not be held liable for any shots unavailable because of interference from guest photography.
8. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by 222PS are protected by Copyright (all rights reserved) and may not be reproduced in any manner without 222PS explicit written permission. Upon final payment by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT with the following condition:
● The digital negatives are the property of the CLIENT for in house use only including reproduction and distribution of photographs to friends and relatives. The CLIENT will not use any of the photographs for commercial use without the written permission of 222PS.
9. DIGITALS: 222PS applies professional standards with respect to equipment, exposure, transmission, processing and printing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond 222PS control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated.
10. MODEL RELEASE: It is agreed by the CLIENT that 222PS is given the irrevocable and unrestricted right to display and use the photographs taken of the booking and the attendees for portfolio album display, website galleries (including blogging & Social Media) brochures & photographic competitions. Should 222PS wish to use the photos for any other purpose other than stated above, written permission will be obtained from the CLIENT prior to use.
11. COMPLETION SCHEDULE & FINAL DELIVERY: Images will be available to download within 7 business days unless the Priority Edit option has been selected. If Priority Edit has been selected, images will be put to the top of the queue and will be ready for download within 24hrs of the shoot.
12. PAYMENTS: The CLIENT agrees to the payment terms as detailed above.
13. METHOD OF PAYMENT: An invoice with Bank Account details will be supplied.
14. MEALS: If the photographer is required to be onsite for longer than 4 hours a meal is appreciated but not expected. Please inform the photographer before the event if he is required to bring his own meal.
