Contract Agreement/Terms of Use

CONTRACT AGREEMENT/TERMS OF USE:

Acceptance of services, regardless of payments made or received, and the engagement of Pandora Photography implies acceptance and agreement to the below.

1. COPYRIGHT:

  1. When booking a session it should be understood that copyright is retained by the photographer and the client agrees Pandora Photography is the sole author of the photographs, thus has the right to reproduce, scan, digitise or copy any or all of the images in any form or fashion. Images may also be used for promotional and advertising purposes.

  2. The client is not entitled to view or get copies of all digital photos taken at the time of the session/setting. The photos chosen to be reproduced (in both digital and printed form) and the processing style shall be done at the photographers own discretion.

  3. The Client does not have rights to redistribution or sale of images without prior agreement or written consent of the copyright holder, Pandora Photography.

  4. All final images produced for the client are for the client’s personal use only, unless otherwise stated. You may not edit, crop or alter or misrepresent the photographer’s work in any way.

  5. Whilst Pandora Photography does retain copyright, printing rights are granted to the client of the digital photos provided.

2. INDEMNIFICATION:


The client agrees to indemnify and not hold Pandora Photography responsible in any way, arising from your violation of reproducing, copying, transmitting or otherwise exploiting the images or photographs in any way not authorised by Pandora Photography.

 

3. BOOKINGS/PAYMENT:

  1. A non-refundable booking fee is required in order to secure the date and the services of Pandora Photography.  The booking fee is applied towards the contracted photography package.  However if 24 hours notice is given, the booking fee is transferable to another date, within the year.  The Client understands that Pandora Photography will not release any photographs until the package is paid for in full. 

  2. If the client does not send through a full brief and shot list, the quote provided is indicative only and the price may fluctuate when more information is received by Pandora Photography.  Quick turnaround times and additional Photoshopping requests, attract an additional fee.

4. CANCELLATION:

In the event of the Client cancelling the contracted services, the booking fee will be retained by Pandora Photography, however, any other monies paid towards the package will be refunded to client.  In the event that Pandora Photography is unable to attend the session, full monies, including the booking fee, will be refunded to the client.

             

5. EVENT GUIDE: 

The Client is responsible for identifying people/objects/specific shots which are desired.  The photographer will not be responsible for not photographing desired people/objects and specific shots if the Client does not assist (or have someone designated to assist) in identifying and gathering the people/object and specific shots.  The parties agree to positive cooperation and communication surrounding the sessions.  Pandora Photography is not responsible for individuals failure to cooperate or missed images due to details not revealed to Pandora Photography.

6. SHOOTING SCHEDULE/TIMEFRAME: 

  1. Pandora Photography does not take any responsibility for missed photographs due to the schedule running behind time, lose of daylight or unrealistic timeframes.  The Client is encouraged to get advice from Pandora Photography regarding the appropriate timeframes for the desired images

  2. Whilst every effort is made to ensure photographs are provided within a timely manner, Pandora Photography does not take any responsibility in the event the photographs are not available within a short time-frame unless expressly communicated and agreed upon at the time of booking. Turnaround times of 24 hours or less are subject to additional charges.  In the event no specific timeframe is stated and agreed upon photographs will be generally be made available within 2-14 days for most shoot types, excluding weddings, which are made available within 6 weeks.

7. LIMITATIONS: 

In some cases (wedding and event photography) Pandora Photography may be limited by the guidelines of the ceremony official and/or reception management.  The Client agrees to accept the technical results of the limitations placed on the photographer.  Negotiation with management and officials for moderation of the guidelines is the Client’s responsibility.  Pandora Photography can offer recommendations only.

8. EXCLUSIVITY/GUEST COOPERATION:  

The Client is also responsible for the conduct of their guests (wedding and event photography), family, children and friends.  Pandora Photography will not be held responsible for any guests getting in the way of photographs or ruining any photographs due to their use of flash.  Pandora Photography does not tolerate verbally or physically abusive behaviour, nor share time competing with guest photographers for the attention of the subject.  Unruly and/or abusive guest behaviour and/or photographic equipment damage will result in the immediate and possibly early departure of the photographer.  The Client understands that in such event, no refunds will be granted, and the amount of images received may be  substantially less than what it promised in the package.  The Client will be responsible for the costs of repair or replacement of an equipment damaged due to the Client, family members, friends or any guests.

 

9. MODEL AND PROPERTY RELEASE:

 

The Client grants Pandora Photography irrevocable and unrestricted rights to publish photographs of the Client or Client owned properties or in which the Client or Client owned properties may be included for editorial, trade, advertising or any other purposes and in any manner or medium.
                            

10. NON-GUARANTEE: 

 

Although all possible care will be taken to produce images of all important or special moments, Pandora Photography cannot place an unconditional guarantee on the above. Pandora Photography cannot be held responsible for any substandard images due to guests’ (or any other) flashes, lasers, or any other cause in or outside of Pandora Photography’s control.

 

11. PERFORMANCE:

 

The performance of this contract is contingent upon acts of God, weather, flood, fire, warfare, government laws or regulations, electrical failure, equipment failure, strikes by suppliers, and/or any conditions beyond its control.

 

12. LIMIT OF LIABILITY:
 

In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Pandora 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. Pandora Photography takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional equipment and backup equipment.  However, in the unlikely event of the clients images being lost, stolen or destroyed for reasons within or beyond Pandora Photography’s control and the images not being received, 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 herein.  Pandora Photography does not promise to keep any images after the Client has received them.

 

13. AMENDMENTS:

    

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and all other provisions of the agreement shall remain in full force and effect.  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 Pandora Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.

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