General Terms and Conditions
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between Wild Poppy Co and the Client. It supersedes all prior and/or any other verbal or other agreements between the parties. Additions or alterations to this agreement will only be recognised if in writing and signed by both parties.
2. CANCELLATION: In the event that the Client cancels the contracted services for photography outlined in this contract before the photography session takes place, the deposit will be forfeit. In the event that Wild Poppy Co Photography are unable to attend the photo session and fulfill their photographic obligations, for whatever reason, all monies paid by the Client will be refunded.
3. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives produced by Wild Poppy Co photography are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Wild Poppy Co’s express written permission. This includes applying filters and further editing the images.
4. MODEL RELEASE: The Client hereby assigns and grants Wild Poppy Co photography and their legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium.
5. COMPLETION SCHEDULE: The digital editing process can only start post the photography session. Digital processing takes approximately 4 weeks.
6. FINAL DELIVERY: Wild Poppy Co Photography will provide the Client with an exclusive link to an online gallery of high-resolution photographs for downloading with the agreed number of digital images within 6 weeks of the photography session.
7. EDITING: The photographs will be editing in line with the portfolio of Wild Poppy Co Photography which can be viewed via the website, instagram or facebook page. Minor photoshopping is including in the fee such as blemish fixing and removing minor distracting objects where required. It is up to Wild Poppy Co’s discretion for the amount of editing required on each image. If the client would like further editing once the final images are delivered a customized quote will be provided to complete the works outside of this agreement.
8. DOWNLOAD: The client understands that the photos will be available to download by an exclusive online link for 4 weeks post the gallery delivery date. Wild Poppy Co can not be held accountable for images that were not downloaded within this time frame.
9. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to reschedule the photography session date.If the date cannot be changed Wild Poppy Co photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff.
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 event package. Wild Poppy Co photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the clients images being lost, stolen or destroyed for reasons within or beyond Wild Poppy Co photography’s control, the latter’s liability is limited to the return of all payments received for the photography package.
The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
10. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by The Client and Wild Poppy Co photography at the time of acceptance of this contract shall be recognised as amendments to this contract.
I/we do hereby agree to pay a booking deposit. I understand this fee is not refundable and that the balance must be paid prior to the day of the photo session. All parties agree to what is stated above and in the terms and conditions.