Terms of Engagement

William Gordon Photography

 

AGREEMENT OVERVIEW:

 

This agreement, is between the undersigned (“the Clients”) and William Gordon Photography ABN 32 988 678 852 (“William Gordon Photography”) regarding the photography services provided by William Gordon Photography to the Clients. This agreement and the quote signed by the Clients form the full and complete agreement of the parties (“the Agreement”). The Agreement supersedes all prior agreements. The only way to add or change the Agreement is to do so in writing, signed by all parties.

 

COOPERATION:

 

Unless otherwise noted, William Gordon Photography, its associates or employees (“the Photographer”) will be the exclusive photographer(s) at this photography shoot. To ensure their satisfaction, the Clients agree to cooperate and communicate with the Photographer to the fullest extent possible. The parties agree to make good faith efforts to align the creative vision for the photography shoot.

 

If Clients wish to have anything photographed in a particular fashion, or wish to have any other creative input, Clients must provide reasonable notice to William Gordon Photography. If reasonable notice is not given by the Clients, or if the Clients fail to identify details or staging on the day of the photography shoot, William Gordon Photography will not be held liable for not capturing desired images. William Gordon Photography is not responsible if key individuals fail to appear or cooperate during photography, or for missed images due to details not revealed to William Gordon Photography or beyond the Photographer’s control.

 

HOUSE RULES:

 

The Clients agree and understand that the Photographer is limited by the guidelines of the location site/venue management as well as applicable laws. Negotiation with the officials/management for moderation of guidelines is solely the Clients’ responsibility. William Gordon Photography reserves the right to cancel the photography shoot immediately if the Clients or parties associated with the Clients appear under the influence of drugs or alcohol, or if the Clients or parties associated with the Clients are violating any law or the venue guidelines.

 

IMAGES and COPYRIGHTS:

 

Photographs/images produced by William Gordon Photography are protected by the intellectual property laws of Australia. William Gordon Photography reserves all rights associated with its intellectual property, including its right to protect against copyright violations. Upon final payment by the Clients, the Clients are permitted to display the William Gordon Photography images that are the subject of this Agreement (“the Images”). The Images may not be altered or reproduced in any manner without prior written permission of William Gordon Photography. The Clients may only print the Images if they purchase the high resolution digital disk/USB/Online Images Gallery Download as part of their package. The Clients may not print the Images if they purchase the low resolution screen files as part of their package. When publishing the photos socially (including on social media) or commercially, William Gordon Photography must be credited as the photographer. The Clients must obtain written permission from William Gordon Photography if the Clients or anyone associated with the Clients wishes to sell or profit in any way from the Images.

 

William Gordon Photography does not provide any unedited images to the Clients because doing so does not reflect the quality and craftsmanship William Gordon Photography strives for. William Gordon Photography will only release the Images to the Clients once they have been edited and only if they meet quality standards (as determined in William Gordon Photography’s sole discretion). Edited images may include colour correction, colour enhancements, exposure correction, shadow and highlight recovery, lens correction, and a little artistic flare.

 

The edited Images do not include retouched or photoshopped images. The Clients must purchase photoshopping and retouching as an additional product. Retouching and photoshopping images can be an art form in itself, and can require extensive, skilled work. Retouching and photoshopping involves localised edits on details that are specific to a given image, whereas editing involves the use of overall adjustments and enhancements (such as exposure, contrast or perspective corrections).

 

Any retouching performed by William Gordon Photography, absent the purchase of photoshopping and retouching as an additional product, is performed solely at the discretion of William Gordon Photography and usually does not extend beyond a handful of images within a collection. For example, William Gordon Photography may fix a large blemish, or smooth the skin on what he thinks to be “the money shot”. For photoshopping/retouching please get in touch with William Gordon Photography for his services and/or to discuss a quote.

 

MODEL RELEASE:

 

The Clients hereby grant to William Gordon Photography the irrevocable and unrestricted right to use, publish and profit from the Images, including any Images in which the Clients appear, for editorial, trade, advertising or any other purpose and in any manner or medium, and also grant William Gordon Photography the right to alter Images without restriction.

 

RETAINER & PAYMENT SCHEDULE:

 

A Non-Refundable Retainer is required to secure the photography booking. The dollar amount of the Non-Refundable Retainer is to be included on the quote provided to the Clients. The retainer is non-refundable, which means that the Clients will not be able to receive any portion of the retainer back if the Clients do not show up to the scheduled appointment, cancel the appointment or otherwise breach the Agreement. The Clients are also responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the Non-Refundable Retainer shall be applied towards the Final Total.

 

The Final Total is to be included on the quote provided to the Clients, and is payable by the Clients 14 days prior to the photo shoot. If the Final Total is not paid within the stipulated time frame, William Gordon Photography reserves the right to cancel the photo shoot and the Non-Refundable Retainer will be forfeited by the Clients. If extra products or services are added on the day, William Gordon Photography will clearly inform the Clients of the extra costs. Payment must be paid before the Images are released to the Clients, and in any event no later than 30 days following the photo shoot.

 

LIMIT OF LIABILITY:

 

In the unlikely event that the Photographer is injured, becomes too ill, or has an emergency that prevents them from photographing the event, William Gordon Photography will contact the Clients as soon as possible to arrange another suitable date and time, or use best endeavours to source an alternative photographer to cover the event. William Gordon Photography takes the utmost care with respect to exposure, storage, and processing the photographs/images, but cannot and does not, guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond William Gordon Photography’s control. The clients agree that William Gordon Photography’s (including the Photographer) liability is limited to the return of all payments received for the event, and that William Gordon Photography will not be held liable for any consequential loss.

 

The Clients release William Gordon Photography from all liability arising from William Gordon Photography’s use of the Images.

 

COMPLETION SCHEDULE:

 

Images are expected to be edited within 1-4 weeks after the photo shoot date. CD/DVD/USB/Online Images Gallery delivery is expected within this time frame, but may take longer.

 

Prints/canvases/frames/albums and extras will be available anywhere from 2-6 weeks, after they are ordered. These items can be picked up from William Gordon Photography’s home studio by appointment only (please email and ask for current address). Please contact William if you need a mail/shipping quote.

 

ASSIGNMENT:

 

William Gordon Photography is authorised to assign all legal rights and obligations arising under the Agreement to any entity nominated by William Gordon Photography.