1.       FEES

1.1. The Client agrees to pay the Photographer the Total Fee specified in the quote for the services, which includes any applicable GST.

1.2. The Client agrees to pay the Photographer a booking fee of 25% of the Total Fee.

1.3. The booking fee must be paid to the Photographer within 24 hours of the Client signing this agreement.

1.4. Until the booking fee is paid, the Photographer is not obliged to hold the photography session date(s) for the Client.

1.5. The booking fee once paid is non-refundable.

1.6. The balance of the Total Fee shall be paid a minimum of seven (7) days prior to the shoot.

1.7. For photography services requested >50km from the Photographers base location as above, a travel fee will apply.

2.       SERVICES:

2.1 This contract is for services and products related to a photography shoot (“shoot”) to take place at the venue, date and time specified in the quote.

2.2 The Photographer agrees to provide no fewer than the number of images/photographs specified in the services selected by the Client, for the Client to view after the shoot, and is not required to provide more than this number of images/photographs.

2.3 The Photographer will use best endeavours to meet the Clients wishes with respect to the images/photographs to be captured however the Client agrees that the Photographer is under no obligation to capture any specific moment or pose or person(s) during the shoot.

2.4 The Photographer is not required to retain copies of the images/photographs from the shoot 30 days after the images/photographs have been made available to the Client.

3.       VENUE AND LOCATION LIMITATIONS: 

3.1 The Photographer is limited by the rules and guidelines of the location(s), site management and local governments where the shoot is to take place. The Client agrees to accept the technical results of their imposition on the Photographer. Any negotiation with local governments for moderation of and rules and guidelines is the Client’s responsibility. The Photographer will offer technical recommendations only.  

4.       MODEL RELEASE: 

4.1 The Client hereby assigns to the Photographer, the irrevocable and unrestricted right to use and publish images/photographs of the Client (or the Client’s family, friends or guests attending the shoot) or likeness thereof, in any and all forms of media for commercial purposes, advertising, trade, promotional or any other lawful purposes such as promotion and marketing material; to alter the same without restriction; and to copyright the same without restriction.  

4.2 The Client releases all claim to profits that may arise from the use of images/photographs and acknowledges that the Total Fee includes the model release.  

4.3 If the Client wishes for the model release not to be included in the contract, please contact the Photographer, via email, prior to signing the contract.

4.4 If the Client wishes to share the images/photographs on any form of social media or on a website, then photo credit, “Linda Marie Photography", must be given to the Photographer.

5.       POST-PRODUCTION AND EDITING: 

5.1 The Client hereby agrees that the final post-production and editing styles, shall be left to the sole discretion of the Photographer and the Photographer will not deliver unedited images/photographs, or RAW files.

5.2 The Client agrees to not edit or alter in any way, any of the images/photographs.  

6.       CANCELLATION: 

6.1 If the Photographer is unable to perform the services due to any cause outside the Photographers control, the Client agrees to indemnify the Photographer for any loss damage or liability; however, the Photographer will return in full all payments made by the Client to the Photographer in relation to the shoot. 

6.2 If the Client is unable to attend the shoot for any reason, the Photographer will use best endeavours to provide an alternative date for the shoot.

6.3 If an alternative date cannot be agreed and the Client has paid the Total Fee (in full), the Photographer agrees to provide a refund to the Client calculated as follows:

6.3.1 The Photographer will retain the non-refundable booking fee as specified at Clause 1.5.

6.3.2 If the Client cancels the shoot with less than 72 hours notice, a further 25% of the Total Fee, in addition to the non-refundable booking fee will be retained by the Photographer.

6.3.3 The Photographer shall further be entitled to retain any non-refundable costs or other fees paid by the Photographer for the shoot, including but not limited to studio, equipment and apparel hire, and personnel.

7.       RELEASE AND INDEMNITY: 

7.2 In consideration of the Photographer providing the services, the Client: 

7.2.1 releases and forever discharges the Photographer from all claims that the Client may have or may have had but for this release arising from or in connection with the Clients participation in the shoot; and

7.2.2 indemnifies and holds harmless the Photographer to the extent permitted by law in respect of any claim by any person including, but not limited to, another participant in the shoot arising as a result of, or in connection with, the Clients or another participants participation in the shoot. 

8.     EXCLUSION OF LIABILITY

8.1 Except where provided or required by law and such cannot be excluded, the Client agrees that it is a term of the Clients participation in the shoot, that the Photographer is absolved from all liability, whether arising from injury or damage and howsoever caused (including by the negligence of the Photographer), arising out of the Clients or another participants participation in the shoot.

9.       SEVERANCE

9.1 If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.

10.     GOVERNING LAW

10.1 This Agreement is governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there, in connection with matters concerning this Agreement.