INSTAPOSE IMAGERY PTY LTD
TERMS & CONDITIONS - COMMERCIAL PHOTOGRAPHY & VIDEOGRAPHY
In the following conditions of contract “the photographers” and “the videographers” shall mean staff of Instapose Imagery Pty Ltd or any photographer(s) or videographer(s) appointed by Instapose Imagery Pty Ltd. “The Clients” shall be those whose names appear on the contract. If the clients arrange for a third party to meet the costs of this contract the contract remains with the clients. The due performance of the contract is subject to the conditions below and cannot be varied in any way by the clients unless expressly agreed by Instapose Imagery Pty Ltd in writing.
Exclusive Photographer and Videographer
The Photographers and Videographers shall be the exclusive professional Photographers and Videographers retained by the Client for the purpose of photographing and shooting the job requirements.
All photographic materials, including but not limited to negatives, transparencies, proofs, digital files (including RAW, Tiff, JPEG), videos and previews shall be the exclusive property of Instapose Imagery Pty Ltd.
Copyright and Reproductions
Instapose Imagery Pty Ltd shall own the copyright in all images, videos and photographic materials created and shall have the exclusive right to make reproductions. Instapose Imagery Pty Ltd shall only make reproductions for the Client or for the purpose of portfolios, samples, self-promotions, entry in contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of the studio, including printed materials, media on the World Wide Web, and any current or future digital media. If Instapose Imagery Pty Ltd desires to make other uses, it may so without or oral written permission of the Client.
The Clients hereby allow the photographers and videographers to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the clients. Unless agreed upon by both client and Instapose Imagery Pty Ltd. Images and videos placed in password protected galleries within the website are not available to the general public in the normal course of events. However it may not always be possible to prevent determined persons from accessing these galleries.
Licence and Coverage
a) The photographers and videographers shall be granted artistic licence in relation to the photography and/or videography and the locations used. Although every effort will be made to comply with the Clients’ requirements, the photographers’ and videographers' judgment regarding the location, poses and number of photographs taken shall be deemed correct.
b) Whilst the photographers and videographers shall endeavour to fulfil all the Clients’ requirements, they cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.
c) Any alterations made to the booking by the Clients once details have been confirmed may only be made at the discretion of Instapose Imagery Pty Ltd. If unable to accommodate alternative arrangements (such as the change of date or venue) Instapose Imagery Pty Ltd are not liable to compensate the client(s) in any way whatsoever.
a) Owing to photo-chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the photographers will endeavour to achieve a pleasing overall colour balance based on natural flesh tones.
b) It is understood that some colours may not remain consistent throughout a set of photographs owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable.
c) Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor.
d) Where images are made available for use on a DVD player reasonable steps are taken to ensure compatibility, but DVD discs may not play on all DVD players, particularly older models.
e) We use only quality branded CDs and DVDs, ensuring each is checked before dispatch, but it remains the responsibility of the clients to check discs for in-transit damage. The photographers cannot be held responsible for damage to equipment resulting from defective media.
f) All print and presentation sizes quoted are approximate and subject to the discretion of the photographers.
Payment and Prices
a) A non-refundable booking fee of $500 is required to secure our services for the day, with the relevant balance for each package due 4 weeks prior to the event.
b) Upgrades to packages are payable at time of ordering; prices agreed on booking are guaranteed until 12 months after the shoot and may then be subject to increase without notice. Digital files will be archived after 2 years; a search fee may then be charged for reproduction and inclusion in albums in addition to prices currently in force.
c) All reorders shall be treated as an extension of this contract. Reprint prices are subject to change without notice and a search fee may be charged for orders placed after a 2 year period.
d) Journeys in excess of 20 km outside of Sydney CBD may attract a surcharge. Accommodation may be required for destination shoots or shoots which are 100 km away from Sydney CBD.
a) In the highly unlikely event of cancellation by either photographers and/or videographers, or unavoidable total imaging failure, the photographers’ and/or videographers liability shall be limited to a full refund of any booking fees and fees paid. Re-shoots may be arranged if practicable but the photographers and/or videographers will not be responsible for any further costs.
b) The photographers and/or videographers will endeavour to appoint other photographers and/or videographers in the unlikely event that they are unable to attend a booking. However it may prove difficult or impossible to find a skilled replacement photographer and/or videographers at short notice or at the same price.
c) If the Clients should have to cancel a booking the following cancellation fees will become due immediately:
- The Clients are entitled to a full refund of the $500 booking fee if they withdraw within 14 days of booking.
- The booking fee of $500 will be forfeited on cancellations made after 14 days. Cancellations made within one month of the event incur the full cost of the basic service booked, including optional additional attendance.
- Where the photographers and/or videographers are able to rebook the date with an equivalent booking, the cancellation fee will be reduced to the non-refundable booking fee only and any additional cancellation fees already paid will be refunded accordingly.
- In the event of postponement, then at the discretion of Instapose Imagery Pty Ltd, and subject to availability, monies other than the booking fee may be applied to the new event.
It is essential to inform Instapose Imagery Pty Ltd as soon as possible of any changes of venue, times, or contact details etc.