Client Terms


BOOKINGS AND PAYMENT

A deposit of 30% of the full cost of the Project is required to confirm and book our Services. 

The Photographer will not accept work from other clients for the allotted time and date of the booking once it has been secured. 

The final payment is due on the day of the photoshoot. 

Processed digital photographs will be handed over within 1 week from the date of the final payment. 


VARIATIONS TO SERVICES

At any point in the provision of our Services, you may request or require a Variation to our Services for which we will provide a cost estimate. In the event we both agree to this Variation, we will agree timing for the additional work and the timing for payment for the Variation. Any requests for Variation to our Services made after the Client has taken delivery of the project, will require a new cost estimate and agreement on the timing of the additional Services.


RESCHEDULING AND CANCELLATIONS 

In the event that the Project is delayed due to factors outside our control, including but not limited to weather, pandemics, government orders or any other Force Majeure event, we will reschedule the Project to an agreed date in accordance with the Client’s reasonable requirements. 

In the event of any technical breakdown or illness which may delay shooting, we will reschedule the shoot to an agreed date in accordance with the Client’s reasonable requirements.

In the event that the Client delays the Project less than 48 hrs before the planned date, additional costs will be incurred where equipment, travel, accommodation and other resources were booked.

There is no refund of deposits in the case where the Client cancels or terminates the Project less than 2 days prior to the agreed shoot date, to cover our time, project administration, pre-production costs and bookings.

Where the Client terminates the Project after production commencement and before delivery of the final product for any reason, full and final payment will be immediately due and payable.


LIMITATION OF LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, any Content or the Project itself, including any damages for loss of revenue, profits or interruption of business. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through any camera malfunction, or otherwise lost or damaged without fault on our part. In the event we are unable to supply the agreed photographic services, The Photographer will return the fees paid by the Client, we shall not be liable for any amount in excess of the full cost of the Project.

We are not liable for the cost of a re-shoot if the Client fails to adequately organise pre-production deliverables outlined in the client brief, or, fails to request a Variation to our Service prior to the commencement of production.



STORAGE OF CONTENT

We endeavour to keep all images for a period of 2 years after delivery of our Services in the event you may require copies of all or any part of the Content. Please let us know if you require any footage from your Project and we can provide a quote for recovering or reproducing any archived material. We cannot be held liable for, nor are we at any time responsible for, the storage of or any loss of Content after final delivery of the Project. 


CREDITING

Published images should identify The Photographer using a hyperlink to www.emcallaghanphotography.com or

Instagram handle @emcallaghanphotography or by using the words, Photo credit: Em Callaghan Photography.

We acknowledge that all project ideas and images are exclusive to you and your business, however, we may use some of the Project content for our own marketing material and include images in our Portfolio or Blog.


DISCLOSURE OF INFORMATION

Em Callaghan Photography may be required, in certain circumstances, to disclose information in good faith and where Em Callaghan Photography is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.


IMAGE LICENSING AGREEMENT

All images provided by Em Callaghan Photography are Licensed for specific use and are not sold.

All images and copyrights remain the property of The Photographer.

Em Callaghan Photography grants you a perpetual, exclusive, non-transferable, revocable and worldwide right to use the Licensed Material. You may use the Licensed Material for Commercial Use, for the Permitted Uses only, with Restrictions and with Attribution. You may not alter the Licensed Material. You may not Reproduce the Licensed Material.

This licence is subject to the terms of this Agreement and our Terms of Business.

You agree you will not use the Licensed Material in any other manner without our express permission in writing.


INDEMNITY, UNAUTHORISED USE AND TERMINATION

You may at no time use the Licensed Material in a way that infringes third party rights, is defamatory or otherwise may be considered illegal. You shall defend, indemnify and hold Em Callaghan Photography harmless from all damages, liabilities and expenses, including reasonable legal fees, arising out of or as a result of claims by third parties relating to your use of the Licensed Material outside the scope of this Agreement.

Any use of Licensed Material in a manner not expressly authorised by this Agreement will result in termination of the Licence and the rights granted hereunder. Upon termination, you must immediately stop using the Licensed Material and destroy or return the Licensed Material to us. We reserve the right to charge, and you agree to pay, a royalty fee for unauthorised use of the Licensed Material.


JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Em Callaghan Photography that results in litigation then you must submit to the jurisdiction of the courts of NSW.