TERMS & CONDITIONS
CONTRACT

1. Photographer’s Responsibilities.

Hazzard Productions ("Photographer") hereby agrees to perform photographic services for Client at the Shoot specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by sellers, tenants, guests or other vendors/contractors at the Shoot. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the externals of the Shoot, its participants, weather, and any rules or restrictions of the property/location/venue or official conducting the Shoot.

If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Shoot , Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Shoot. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action and any current outstanding invoices must still be fulfilled and paid by the Client.

 

2. Deposit/Payment.

A non-refundable deposit is required for Weddings and other Shoots requested more than 3 months away from Shoot date. (This deposit shall be applied toward the total fee for the Service and will be set out in the Payment Schedule). Remaining balance is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned deposit), to attend the Shoot or to supply images.
For Real Estate Services, invoices for first/initial booked shoot must be paid in full before Photographer will release the images to the Client. Agreements with payment schedule can be arranged between Photographer & Client thereafter.
For all other Services, full payment is required before any images taken by the Photographer from the Shoot are released to the Client.

 

3. Copyright.

All photographs/videos taken by Photographer at the Shoot, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal or commercial use based upon the agreement between Client & Photographer. Any sale or publication for profit without Photographer’s expressed written permission is a violation of federal copyright law. Photographer retains Copyright in all images & videos taken at the Shoot. This clause shall survive the Term.

 

4. Term.

The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.

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5. Re-shoots & Re-edits
Photographer must be notified by the Client on the shoot of any preferences and special requests. Photographer has a certain workflow and will adhere to any requests that may differ from this workflow as long as they are communicated clearly at the time of shoot. (ie. blinds/curtains closed, particular features such as light switches, ceiling recess etc.)

If colour theme of a property is highly important to Client, this must be communicated to Photographer prior to the photoshoot to ensure accurate time of day is booked for true colours that will not be affected by Sun position.
If Client is still unhappy with the final product - this is based on personal preference and the Photographer can decide whether they want to offer a re-shoot or re-edit. This will be at the expense of the Client. If Photographer has made any errors themselves that differ to their regular workflow, Photographer will aim to rectify the issue with re-shoots and re-edits at their own expense.

 

6. Shoot/Event Changes.

Photographer must be notified immediately of any changes in schedule or location.

For Weddings; a notification of changes is required at least 7 Days in advance of the scheduled Shoot date.

For other services; a 24 hour notification of changes is required in advance of the scheduled Shoot date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Shoot changes, and notice is not given the period specified above, then Photographer shall be entitled to the deposit amount as liquidated damages for having to reschedule the Shoot. The deposit amount will need to be repaid along with any remaining balances upon booking a new date, subject to Photographer's availability.

 

7. Cancellation.

Upon acceptance of these terms and payment of the deposit, Photographer shall commit to attending the Shoot on the specified date & time, and shall make no other reservations for the scheduled date.

If Client needs to reschedule the photo session on the agreed date, all payments will be held until a rescheduled date is agreed upon. 

A change of mind cancellation is non-refundable, although Service may be transferred to another date or person in credit.

For Weddings; if Client cancels the Shoot entirely 8 weeks or more prior to the agreed date, all payments minus 50% of the total cost (Deposit) will be refunded by Photographer. If Client cancels the Shoot within the 8 week period from the Shoot date, then Photographer shall not be required to repay any of the payments made by Client. 
For Real Estate services; if Client cancels up to 3 hours before the shoot, any payments made by Client will be refunded. 
For all other services; if Client cancels the Shoot entirely 1 week or more prior to the agreed date, all payments minus 50% of the total cost (Deposit) will be refunded by the Photographer. If Client cancels the Shoot within the 1 week period from the Shoot date, then Photographer shall not be required to repay any of the payments made by Client.

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8. Property/Location Access
Client understands that when booking a shoot, there must be access for the Photographer to the property/location for the agreed booking day & time. If Photographer cannot gain access, Photographer will attempt to make contact with Client in order to rectify. If access cannot be granted within 15 minutes, Photographer reserves the right to leave the premises & cancel the shoot. A call-out fee of $90 will be issued to the Client to compensate for travel & time.

 

9. Delivery Date.
For Weddings & Events; The Album shall be delivered no later than 90 Days from the Shoot Date.
For Real Estate; The Gallery shall be delivered no later than 36 hours after the Shoot date. Photographer will always aim to deliver The Gallery within 24 hours of the shoot date, but this cannot always be guaranteed.

 

10. Price Protection.

Photographer warrants all prices quoted for images are valid for a period of 6 Months following the Shoot. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.

 

11. Image Release.

Client hereby agrees that Photographer may reproduce, publish, exhibit, and otherwise use images from the Shoot for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images. Client is also aware that, unless otherwise stated, that Photographer is the sole owner of the images. Client only receives a license to use images for a specific purposes.

 

12. Force Majeure.

If Photographer is unable to attend Shoot due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control, then Photographer shall aim to re-schedule the shoot for a later date. If this is not feasible, Photographer shall return all money paid by Client (including any deposit), and this Agreement shall immediately terminate.  The Photographer will have backups of photos until delivered, however should an uncontrollable event such as a fire, flood, war or other acts of God beyond the partie's control take place; destroying the photos, the Photographer will issue a refund for 50% of the total cost to the Client as compensation.

 

13. Jurisdiction. 

The state and federal courts serving Western Australia, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.

 

14. Solicitor’s Fees.

The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.

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15. Assignment.

This Agreement may not be assigned.

 

16. Indemnification.

Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.

 

17. LIMITATION OF LIABILITY.

PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

 

18. Choice of Law.

This Agreement shall be governed by the laws of the State of Victoria, notwithstanding its conflicts of laws provisions.

 

19. Waiver/Miscellaneous.

This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.

 

20. Protection of Deliverables/Retention of Files.

Photographer shall take all reasonable steps to protect the images that are recorded at the Shoot until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall preserve the images and original files of the Shoot for a minimum of 3 months from the Shoot date. After 3 months, Photographer shall have no further obligation to preserve the images of the Shoot, regardless of the form of media in which they are stored.

 

21. Promotion.

I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.