1. You are booking a professional photography assignment with Chris Jack.
2. Chris will provide the acceptable edited photos as a high resolution digital download at 3600 pixels at the longest edge for unlimited digital and online usage (excluding advertising) — after editing them off location.
3. You are also welcome to print personal use artworks such as prints from the high resolution files (up to 8 X 12 inches) from any Family, Business or Event Photography session (including Premium Event Photography aka Weddings).
4. Chris will select the best photos taking into account your brief, his technical and style standards etc. and personally edit them from the raw files to improve them, such as adjusting the exposure, vibrancy, contrast, sharpening and noise removal as standard practice.
5. The delivery date for the edited photos if not specified elsewhere is 48 hours for sessions of two hours or less e.g. photos for a two hour session would take two days to provide. If due to workload or other reasons this is not possible, it will be clearly detailed in the quotation of special conditions and discussed with you.
6. If the number of photos anticipated is not mentioned in any special conditions, then you can expect approximately 10-30 photos per hour of shooting depending on the nature of session, the conditions on the day etc such as available natural light etc.
7. To protect the photographer's reputation you may not alter the finished downloadable images by cropping, changing the colours or applying filters etc.
8. A 50% deposit and credit card number is required to secure the booking date at which time the booking is confirmed. The credit card will be charged the final balance once the photos are delivered (at the same time — not before).
9. If you wish to cancel an Event photography session less than 7 days before then the deposit may be used in full to compensate the photographer for not being able to book another session at that time. If you have booked a Family or Business session though, you can change/postpone the date even on the same day, without losing the deposit (one time) to allow for unexpected urgent matters or sickness.
10. Stripe is used for payment processing, a secure payment gateway. Chris Jack will not have access to your actual card details but can conveniently charge your card for the balance at the same time the finished photos are delivered to you which may be quite soon after the event.
11. A postponement requested by you due to a bad weather forecast for a Family or Business outdoor session will be rescheduled at no cost — such as it being likely to rain.
12. In the unlikely event something unexpected happens like equipment including backups are lost, damaged or stolen, or the photographer is sick and cannot proceed then he will refund you proportionately up to a full refund, but that is the maximum liability.
13. The photographer will not use other people as the main photographer to shoot the session without your permission, which would only be requested if he was sick or could not attend due to urgent personal matters.
14. As with all photography, the copyright for photos is automatically held by the photographer who “clicked the shutter” but Chris grants you a license to use the photos for personal print and online usage or commercial online usage (digital only) unless stated somewhere else like a quotation, booking form or other written agreement.
15. You can't use photos in commercial advertising campaigns like billboards, magazines or brochures without arranging additional “commercial print usage” licensing.
16. Chris Jack operates under the company name Workzerk PTY Ltd, and is based in Brisbane. His mobile phone number is 0439 169 199 and you are welcome to call or text anytime or email firstname.lastname@example.org as required.
17. When posting to social media such as Facebook, Instagram or any public medium you agree to mention that Chris Jack was the photographer, and the photos will not be altered, cropped or have filters applied. A simple tag line “Photos by Chris Jack” somewhere for example.
Weddings and Premium Event Photography (with Portraits)
18. Any premium event such as a wedding is classified as a “premium” event and will include one pre event consultation at an agreed location in Brisbane (to discuss and confirm details) and site visits to intended locations for photography (especially portraits), plus backup locations in case of bad weather.
19. In situations where Chris is unable to scope out locations for portrait photography beforehand, the client acknowledges that some time may need to be spent on the day searching for suitable locations or improvising as required within the time constraints.
20. Additional travel charges for any meetings may apply if these fall outside Metropolitan Brisbane (to be detailed on any quotation).
21. Premium event photography photos will have additional colour grading to reflect the mood, ambience and appropriateness for the event, in consultation with the client (e.g. a more romantic film look colour grade). Chris will discuss this and show examples to you during the pre-event consultation.
22. Premium event photography preparation will include any required phone calls, emails, discussions or meetings on the phone or Skype with venue managers, owners, organizers, councils and other authorities, wedding planners etc.
23. Premium event photography shall include advanced editing within the definitions of this agreement.
24. Should a rehearsal of any ceremony for a wedding or other such premium event take place, Chris will attend this rehearsal in Brisbane at no charge for as long as required for preparation purposes at no extra cost. Travel time may be charged for locations outside Brisbane Metropolitan area.
"CLIENT" is the person or business ordering and booking photography services from Chris Jack and responsible for adhering to this agreement and license to use photographic works.
"PHOTOGRAPHER" is the photographer Chris Jack, or any associate, contractor, assistant or employee working under his or her supervision.
“SESSION” refers to a specific appointment made between Chris Jack and the client, whether for pre production (planning or scouting), production (photography) or post production (editing).
"CHRIS JACK" is the photographer Chris Jack, and any other associate, employee, assistant, stylist, model, contractor or other person acting on behalf of or in support of Chris Jack and under his management or direction during the production shoot or during pre-production or post-production.
“TYPE OF PHOTOGRAPHY” is the type of session which may be Wedding (Premium Event), Event, Business, Family or Hotel photography and have slightly different terms and conditions for practical reasons as contained within this agreement in regards to usage rights, payment terms and cancellation or postponement policies.
“FIRST SHOOTER” is the lead, main, primary photographer where there is more than one photographer engaged by the client for a session and is ordinarily Chris Jack.
"COMMERCIALITY" is the commercial intent of the photos e.g. "Personal" or "Commercial" in nature.
"ACCEPTABLE PHOTOS" are those photos taken during the course of the session which are determined to be (at the discretion of the photographer) to be acceptable in terms of their artistic and technical merits taking into account aspects like (but not limited to) exposure, composition, clarity and focus and appropriateness for the intent of the session and client brief. Acceptable photos will form part of the DOWNLOADABLE GALLERY which are the finished, colour graded, edited photographs.
"QUOTATION" is the agreed total project cost to produce the DOWNLOADABLE GALLERY and should include all itemised pre-production, production and post-production costs but in the case of commercial work does not include "Commercial Specific Usage" e.g. usage beyond online digital usage such as print, billboard or advertising campaigns, unless otherwise stated.
"HOURLY RATE" Where an hourly rate is quoted either in writing or verbally (for example event overage i.e. extra hours) this hourly rate shall include at least basic colour grading and editing of those photos and the normal rights to receive them at 3600 pixels as per this agreement. Should an agreement not exist for an hourly rate, the default hourly rate shall be $115 per hour for event coverage and $150 per hour for wedding or premium event coverage or whatever is agreed at the time.
"BASIC COLOUR GRADING" or “EDITING” is generally considered to be taking the raw camera image and processing it using digital image processing software for the purpose of adjusting basic tone, sharpening, noise reduction, transformation, crop and camera lens corrections using a combination of custom presets and individual adjustments (if required) by the photographer on each "Acceptable Photo" in Adobe Lightroom, Capture One or similar image processing software.
Basic colour grading or editing does not ordinarily include Photoshop touching up, multiple layer processing or any skin softening, eye enhancement, teeth whitening or spot/blemish removal.
"ADVANCED COLOUR GRADING" or “ADVANCED EDITING”
Advanced editing of photos takes place on all “Portrait Photos” where required on tightly cropped photos, for example close-up portraits of couples or individuals where skin tones and detail are present. Advanced editing is the normal default for any Wedding portrait photos for the bride and groom and any editorial style wedding photos, for example creative or artistic photos that were either planned or taken at the discretion of the photographer.
"DOWNLOADABLE GALLERY" is the finished colour graded photos in a gallery offered for download by the client and/or their friends, family and colleagues on an online website or portal.
"ADVANCED RETOUCHING" is generally considered to be advanced "Layered adjustments" in addition to basic colour grading completed in Adobe Photoshop which is by its nature unlimited in scope, and therefore must be estimated or quoted to the client prior to the commencement of any advanced retouching post-production work. Such advanced retouching may include but not be limited to frequency separation retouching, luminosity masks, removing or cloning elements in a photo, compositing multiple images together etc. which would ordinarily be achieved through multiple Photoshop layer adjustments.
"PREMIUM EVENT PHOTOGRAPHY" is defined as an important event that requires additional preparation and consultation by the photographer to ensure its success and a high quality of photos. Weddings are an example of premium event photography, where more consultation, planning and attention is required before the event and during the post event photo editing. All weddings or their components such as ceremonies, portrait photos, receptions etc are automatically classified as premium event photography. Premium event photography may also involve the use of “off camera” flash lighting setups which require additional preparation before the event.
"DODGING AND BURNING" is a photography retouching term related to increasing or decreasing the exposure on selective parts of a photo for artistic or aesthetic effect or emphasis, normally using a brush tool Adobe Lightroom or Adobe Photoshop or other such image processing software.
"COMMERCIAL ONLINE USAGE" (COU) is usage of a photo or photo set in perpetuity for all online and digital social media, website and online presence usage on the World Wide Web, not including licensing of that photo as photo stock photography or re-licensing of the photo, but restricted in terms of other "Commercial Specific Usage".
"COMMERCIAL SPECIFIC USAGE" (CSU) is commercial usage of the photo or photo set for non-digital commercial use for a defined period such as point of sale, posters, press, public relations or general media release, out-of-home (billboards etc.), signage, brochures, magazine covers or printed articles or promotions etc and this usage is supplementary to "Commercial Online Usage" and there is a separate usage fee payable depending on the scope, media format, time period and territory which can be quoted for by the photographer in addition to the initial "Session Fee", or purchased and negotiated afterwards.
"PERSONAL PRINT USAGE" (PPU) includes the right to print that photo or create other works or artworks from that photo in perpetuity, at the discretion of the client on an unlimited basis providing that artwork is for personal and non-commercial use and is not altered other than cropping up to 8 X 12 inches.
"Personal Print Usage" photos are provided at 3600 pixels at 80% JPEG Quality.
While PPU licensed photos are licensed to be printed and will print effectively, they may require additional colour grading and sharpening and re-exporting to JPEG from raw files to be rendered and printed at their optimal quality which can be requested as an additional service if required.
If a print larger than 8 X 12 inches is required, an additional service and licensing charge of $30 per image will be available for advanced sharpening, contrast and print preparation and export of that file at maximum resolution. This ensures the best results for larger format printing and artworks.
Note: PPU is the default licensing provided for all personal photography and allows the client to print the photos and keep the high resolution digital files.
"MAXIMUM RESOLUTION" is the maximum resolution of the photo available from the camera sensor, minus any creative cropping of the photo at the discretion of the photographer which may reduce this and taking into account the camera model and its respective maximum resolution.
"MAXIMUM QUALITY" is the export of the photo after colour grading at the "Maximum Resolution" of the camera exported as a JPEG at 100% quality, or other generally accepted "Highest Quality" settings.
"EVENT RUN SHEET" is a co-ordinated schedule and plan for an event with expected timings and activity used by event planners, organizers, contractors and suppliers.
This detailed agreement is provided in the unlikely case there is a dispute or misunderstanding, and provides further detail of the agreement in addition to the plain english summary above.
Chris Jack provides photography services to businesses and individuals including commercial, event, premium event (weddings), hotel and family photography either at their place of residence or work, or other such mutually agreed public locations subject to and within the confines of local, state and federal law, and any required permissions, permits or regulations that must be adhered to within those jurisdictions.
Chris Jack Photography is the trading name of Chris Jack, an independent professional photographer with an office located at 9/1631 WYNNUM ROAD, TINGALPA, QLD 4173 who provides commercial and personal photography services to clients and operates under the legal company name of WORKZERK PTY LTD, ACN# 163 622 508.
Where photographic works are not of an acceptable quality making them unfit for purpose of its specified use, then a refund or part or all of the "Session Fee" may be negotiated with the photographer taking into account the percentage of images not delivered.
The photographer has the right to rectify the defect causing the rejection within a reasonable time having regard to the urgency of the work. If rectified, the photographer is entitled to their fee and job related costs, but may not charge the Client any extra fee or cost for rectifying the defect.
Where the client or a representative of the client is at the shoot, that representative is responsible for the direction of the work. Acceptance of the work by the client or their representative is confirmation that the photographer has satisfied the artistic quality and interpretation requirements of the shoot. If the client or their representative is not present at the shoot then the photographer's judgement is absolute within the limits imposed by any documented agreements on the nature of the intended work.
If the photographer produces photographic works that are in the same style and structure as the photographers past work (by reference to the Photographers portfolio) the client is deemed to have accepted the Photographer's artistic interpretation.
CLIENT BRIEF & SHOT LISTS
Where a client brief or shot list exists that specifies particulars such as the type or nature of shots to be taken during the session and those shots are contingent upon the client performing or undertaking certain actions or making people, assets, access or things available in a timely manner for this purpose, should the photographer be denied these elements for whatever reason then the photographer is not liable to take those specific shots, or will at his discretion take those shots to the best of his or her ability in spite of those omissions or deficiencies.
Where a shot list is contained in any written agreements that specifies specific photos to be captured during a session, this shot list will be used by the photographer effectively as a guide only to the requested photographs of the clients and is not a guarantee that every shot will be captured during the session for various reasons including technical and exposure limitations, time limitations, inclement weather, availability of subjects or lack of opportunity.
PHOTOGRAPHER REQUESTED POSTPONEMENT: ADVERSE CONDITIONS
For all personal and commercial photography sessions in the event of inclement, unfavorable weather or adverse environmental conditions including but not limited to rain, extreme heat or cold, dust, fumes, pests or the threat of lightning strikes the session may at the discretion of the photographer be postponed to another day without notice, or to another more suitable alternative location at any time, taking into consideration the comfort and safety of all parties, the artistic impact and intent of the photography and any potential risk of damage to electronic and other equipment or people, at no extra cost to the client.
In the event of adverse conditions after the session has started, wherever practicable and suitable the photographer reserves the right at his or her discretion to shoot at an alternative nearby location if possible, or a new session will be rescheduled for the remaining session time at no cost to the client.
CLIENT REQUESTED POSTPONEMENT: POOR WEATHER
Where critical shots contained in the shot list or client brief must be taken outdoors and no workarounds are satisfactory to the client, after discussion with the photographer the client reserves the right to arbitrarily request either a change of location or reschedule of the shoot at another mutually agreeable time providing the weather forecast from Australian Bureau of Meteorology has predicted, up to six hours before any stage of the session, a higher than 60% chance of rain, at the discretion of the client, at no cost unless there are any additional line items on the session quotation which are "non refundable" and "out of pocket" for the photographer on that day such as equipment or venue hire, licenses, models, talent, contractors or assistants in which case these expenses will be the responsibility of the client should the client request this postponement, notwithstanding any additional clauses in the ‘CLIENT REQUESTED POSTPONEMENT: POOR WEATHER’ special conditions.
Where the session is taking place outside Metropolitan Brisbane, Gold Coast or Sunshine Coast and the photographer is being reimbursed or provided accommodation as part of the agreement then the client will be liable for providing an additional night's accommodation at the same standard originally agreed, and any additional costs for meals, transport or other arrangements associated with the photographer not being able to return home for lodging.
CLIENT REQUESTED POSTPONEMENT: OTHER REASON
If the client for any other reason besides poor weather wishes to postpone a booking then unless otherwise stated in any special conditions, the client is entitled to ONE postponement/rescheduling of a session per engagement and a new booking may be rescheduled at a mutually agreeable time with the same terms and conditions providing at least two hours notice is provided before the session start time.
(Note: This clause is included to allow for any unexpected events such as illness or other emergencies that might prevent a session from being held at the prearranged time. It is particularly useful for families where children might be sick or require unexpected care.
"Advanced retouching" should be requested before a session if anticipated to be required and is an additional cost to "Basic" or "Full" colour grading and may extend the delivery date for those photos if requested.
The client acknowledges that while all requests will be considered by the photographer taking into account the intent of the photos and the wishes of the client, the photographer retains the right to decline to undertake advanced retouching on images for whatever reason, including but not limited to concerns about the artistic direction the photographic adjustments will impart on the image or any moral or personal objections.
Please note: While in most cases "Advanced Retouching" will be completed "in-house", it may be outsourced to a third party contractor at the discretion and direction of the photographer for expediency, special talent or artistic merit.
Note: Advanced retouching is not normally required for Event Photography including Wedding Photography or for natural looking Family or authentic Business Workplace Photography. It is mainly useful for commercial fashion photography or commercial advertising photography.
Password protection of the online digital gallery accessible in the public “Client Galleries” located at client.chrisjack.com.au may be requested by the client at any stage. If requested before the gallery is created (for example in the client brief or session conditions) then the Photographer will endeavour and act in good faith to set this password before the gallery is made public. In the unlikely event the gallery is not password protected when made public when previously requested, or there are technical or human errors that prevented or hindered this then it is the responsibility of the client to request again that password protection be enabled and this shall not be deemed a breach of contract on behalf of the photographer. Having received such a reminder request it will be incumbent on the photographer to without reasonable delay password protect this gallery as soon as practicable to respect the wishes of the client. The client may also request at any stage that individual photos either be removed or password protected and the same conditions will apply.
Note: For simplicity and ease of access, due to the fact some guests may not be familiar with copying and pasting passwords, a relatively simple password will be be applied to the gallery such as a two word phrase. Should the client require a stronger password such as a randomly generated password, please let the photographer know at any stage.
This also means that you can share the gallery with your friends, guests, workmates through “word of mouth” e.g. “Just goto Chris Jack Photography website, click on Client Galleries, click on our gallery and then use the password ‘brisbane weather’ (for example!).
Manipulation or alteration of any photo including applying style filters, additional colour grading, cropping, overprinting or overlaying text must be approved by the photographer or included as an additional usage condition in the proposal or quotation on all delivered images.
Note: Should the client not be satisfied or like the colour grading or “look” of the finished downloadable gallery the photographer would prefer that you advise him as soon as possible so the raw files can be re-edited and re-exported if necessary and maintain their highest quality. rather than editing the compressed JPEG files. That is the main reason for this clause, for you to enjoy the best quality photographs.
The photographer retains the right at their discretion to terminate, modify, postpone or divert the location of a photography session immediately in circumstances where there are any harsh, unfavourable, unpleasant, dangerous or hostile conditions which may affect the positive outcome of the session or the safety and well being of the photographer, assistants or clients such as intimidating, unruly or abusive behaviour from any thing, person or group of people, whether related to or acquainted to the client or not.
The photographer understands that this may be out of the direct control of the client and in circumstances where this is clearly not the fault of the client or their guests, friends, family or associates (either directly or indirectly) the photographer will make arrangements to either divert the shoot to another location or reschedule a session at his or her discretion without additional fees, except any non refundable costs for hiring of equipment, model, talent, assistants or second shooters as specified in the quotation.
The photographer agrees to arrive at the designated address of the session at or before the start time. While every attempt will be made by the photographer to prepare equipment before the session, the client understands that there will be a period of setup and breakdown time at the start and end of each session depending on the complexity and nature of the shoot, and especially due to any requirements for artificial lighting other than on-camera speedlites.
Where the client is paying the photographer on an hourly basis, or an agreed start and end time or session duration is specified then this setup and breakdown time shall be included as part of the session time.
Any “back at base” preparation for the shoot such as charging batteries shall be at the time expense of the photographer unless otherwise stated in the quotation.
The photographer will ordinarily arrive with batteries adequately charged on cameras, lighting equipment and other accessories and have backup batteries, but in rare cases due to prior engagements that day or technical failure may need to recharge batteries during a session using an AC power source provided by the client or venue, in which case if this operation interrupts the continued and normal execution of the session this time will not be included in the session duration and therefore the session end time will be extended at the peril of the photographer either in terms of an extended time session or a commensurate discount off the session price, at the discretion of the client.
Should the photographer arrive later than the designated start time by any margin due to unforeseen circumstances including but not limited to previous engagements, traffic or transport delays, personal illness etc. then he or she will either extend the session end time by that period or discount the session accordingly at the discretion of the client.
The client acknowledges and accepts that the photographer may need for personal, administrative, creative, medical, comfort or commercial reasons to take short breaks and suspend a session at any time within the session start and end times, for unexpected or unanticipated reasons.
The photographer will endeavour to take advantage of quiet “down time” wherever possible for these breaks. Where these breaks in total negatively disrupt the session for more than 10 minutes every three hours then the photographer may at the request of the client either extend the session or discount the session accordingly to compensate for these disruptions..
At all times the photographer shall attempt to limit breaks and disruptions to the bare minimum during critical times such as those detailed on any event run sheets.
The photographer shall be entitled to an unpaid break of at least 30 minutes after the first four hours, the length of which will be predetermined and contained in any special conditions.
PAYMENTS & DEPOSITS
A 50% deposit is required to secure a session date with the photographer for any type of Photography. The balance of 50% is will be charged to the credit card used to make the deposit unless other arrangements for payment are made with the photographer prior to that time, when the photos are delivered. For Event photography and Wedding Photography (and Premium Event Photography) the deposit is 100% refundable up to 7 days before the event start time (168 hours). Cancellations to Event photography sessions made less than 168 hours before the event start time will not be refundable because this is used to partially compensate the photographer for the loss of opportunity to book another session at this time, and due to most Event and premium Event photography being booked weeks or months in advance.
The photographer will backup the raw files associated with the photography session in addition to storing these for a period of at least (6) months. While every care and precaution will be taken, the photographer will not be liable under any circumstances if unable to produce backups of photos on request of the client, either within this time period, or anytime after.
The photographer will always shoot every assignment in raw file format to two separate memory cards to mitigate the chance of data loss and have ongoing backups during the session.
LIMITATION OF LIABILITY
Only the terms, warranties and conditions set out in this agreement and those statutory laws within the state of Queensland, Australia or other such place where the photography session is held shall apply to this agreement.
Any breach of this agreement whether contained in this agreement or in any other such implied warranty will be restricted to the re-supply or re-delivery of the services and the photographers expenses associated with the re-supply or re-delivery.
In circumstances where the photographer is unable to start or complete a session due to illness or injury or urgent personal business or technical issues or scheduling errors the photographer is only liable for the return of all payments or deposits made by the client.
The client understands that the photographer has professional standards in place to help prevent loss or damage to the clients photos but in the unlikely event that images or equipment is damaged, stolen or lost before, during or after the session then liability is limited to the return of all fees paid or part thereof depending on the percentage of lost images.
SICKNESS OR INJURY
If the photographer is sick or injured or has urgent personal matters to attend and anticipates before the session start time they are unable to provide the services according to this agreement he or she will endeavour to find a replacement photographer. If a replacement photographer that is acceptable to the client is not found, then the maximum liability is limited to a full refund of any payments received.
Note: For critical premium events it is recommended that a second shooter be arranged and present to cover the first shooter due to the possibility of sickness or injury.
The photographer is not liable for circumstances or factors outside his control which may impact on the quality of the photography such as inclement weather or disruptions from other persons interfering or otherwise impeding the photographer from capturing the photo at any given time including members of the public, venue managers or staff, property owners or representatives, security guards, law enforcement officers or guests of the client.
Furthermore, the cooperation and behaviours of members of the public and guests of the client may be out of the control of the photographer such as guests facial expressions and demeanour, blinking or eye contact, people entering the frame of the camera during a shot i.e. "getting in the way", other people or guests with cameras or mobile phones entering the frame or raising their arms during a precise moment, inappropriate gestures or unwillingness to be photographed or cooperate with the photographer in the positive spirit of the endeavour.
Note: For event photography and in particular weddings, you may like to consider suggesting to guests that the entire event is “unplugged” meaning they are politely requested to turn off their mobile phones, ipads and other electronic devices. This will greatly improve the operating environment for the photographer and therefore the quality of finished photography, and reduce the chance of distracting elements from appearing in important photography.
As a hired professional photographer at an event, priority is assumed to be granted to the photographer for advantageous positioning i.e. you give permission for the photographer to step in front of other guests with cameras to “get the shot”.
If an estimated number of Acceptable photos to deliver is specified on any written quotation the Photographer shall aim and endeavour at the best of their ability to fulfil this number of photos and provide them in the Downloadable Gallery. However, it should be considered an estimate which may vary due to unforeseen or changed circumstances on the day.
HOUSE OR VENUE PHOTOGRAPHERS
The photographer requires unfettered and absolute photographic and guest access to an event to cover it properly and professionally. To this extent, it is requested that no venue or house photographers be permitted to take photography (including videographers) without the prior consent and discussion with the photographer before the event day.
Note: It is unfortunately commonplace for some venues in Brisbane to hire a roaming party photographer or event photographer to take social media photography for the venue owner. If you are hiring a venue as an exclusive private space please request that their house photographer does not enter the event and impede the photographer, as this is not in your best interests. The venue may (with your permission) however, get access to the photographers photos for this purpose.
COOPERATION WITH VIDEOGRAPHERS
The photographer will work to the best of their ability to cooperate with other professionals such as videographers who may be present at an event. It is requested that full contact details of any other film, video or professional photographers that may be present be provided to the photographer well in advance of the event so arrangements can be made before the event to prevent any misunderstandings and to ensure the best outcome for both the photographer and video works by establishing working protocols.
The client must advise the photographer if any information or material or specific photos are private, confidential or commercially sensitive in nature. The photographer must act without unreasonable delay to keep this information confidential if requested, except where is it reasonably necessary to carry out the Photographers obligations, or exercise any of the Photographers rights in relation to any invoice.
A booking fee of 50% of the quotation and signed agreement will be required to secure and confirm the booking date for all photography sessions.
CANCELLATIONS & REFUNDS
Once the booking date and time is confirmed and a 50% deposit paid and an Agreement accepted or signed either in writing or accepted digitally online, the photographer becomes liable to complete the shoot and will reserve that date and time for your exclusive use.
Cancellations for all types of photography requested up to 7 days before the session date will be accepted with a full refund of any payments made, for any reason.
Where a refund for a cancellation is due the full refund will be initiated within 7 days from cancellation and written receipt of any client payment details if required such as bank account particulars.
Any refunds will be paid using the payment method of the original payment, for example if the client has paid by credit card then a credit card refund will be initiated.
Cancellations for Event Photography requested less than 7 days before the session start time (168 hours) and requests for refunds of the 50% deposit will not be refunded to compensate the photographer for the loss of income that may otherwise have been avoided by providing other clients the opportunity to book a session in that time slot. Where a client has paid more than 50% deposit for whatever reason, then this additional amount will be returned.
If any expenses have already been incurred in preparation for the shoot, for example scouting locations, travel expenses, meetings, equipment hire or pre-production costs, then the client must compensate the photographer for all these out of pocket costs and expenses.
USE OF THIRD PARTIES
The photographer will not engage third party contractors or associates as “first shooters” for any photography session unless they are acting in a capacity as an assistant, stylist or "second shooter" and under the direction of the photographer or unless stated in special conditions or the quotation. The only exception to this might be situations where the photographer requires an agreed break or rest period in which case that second shooter may act as the first shooter accordingly during that break period (at the discretion of the photographer).
The photographer will at all times maintain suitable and current public liability insurance up to $20'000'000 and be responsible for maintaining, securing and caring for equipment owned by Chris Jack or hired specifically for the project.
COPYRIGHT, LICENSE & PRIVACY
All images are copyright at time of capture to Chris Jack Photography for perpetuity, unless otherwise stated in another written proposal or quotation as special terms. The photographer retains the right to use the photographic works in any matter at any time in any part of the world for the purposes of (a) entering the photographic works into photographic competitions or awards; and (b) advertising or otherwise promoting the photographers photographic works or services; and (c) submitting the photographic works for display at art galleries or other premises; and d) using the photographic works for any other purpose within the photographers business activities.
Where a photographic session has taken place somewhere with a reasonable expectation of privacy such as a private home, hospital or hotel room or they contain any elements of nudity then these photographs may not be made public by the photographer or used in a portfolio in any way without the express written permission of the client.
*Furthermore, should the photo contain identifiable pictures of a child under the age of 16 as main subjects then consent shall be requested from the parents or guardians for the use of these photos in any public forums including the photographers portfolio, social media etc.
Note: I do not shoot “nude photography” or implied nude photography, so this clause is just here to protect your privacy should there be a wardrobe malfunction ;)
CHANGES TO ESTIMATES
Statements of fees and job related costs and expenses are estimates and not firm quotations if labelled as "estimates" and are liable to alteration. The photographer must bring any increase to the estimate of 10% or more, to the client's attention at early as practicable. Any change to the job specifications requested by the client may change the estimate of the fees and job related costs.
All images shot in public areas or where a reasonable expectation of privacy would ordinarily not be expected may be used by the photographer for promotional use either in online or printed portfolios unless a request is made to restrict this use at which point a reasonable fee may be negotiated to compensate for loss of promotional and portfolio benefits for the photographer.
Should the client wish to retain full intellectual property rights for any photo i.e. have exclusive copyright assigned to them in full, a fee may be negotiated for this with the photographer.
DELIVERY, RELEASE & TURNAROUND
The photographer agrees to deliver the downloadable gallery of basic colour graded photos (as per any special conditions) within a time period that depends on the number of expected acceptable photos expected to be delivered.
Unless otherwise stated in any special conditions or other documents, the photos will be provided with BASIC COLOUR GRADING (the default) in JPEG format at 3600 pixels at the longest edge (or less if cropped) without any distinguishing watermarks, but with copyright metadata intact (not visible in the photo).
Turnaround Time From Session Date
Approximately one day per 60 photos delivered e.g. 60 photos in 48 hours, or three days for Weddings & Premium Event Photography.
Or according to any special conditions on the quotation or other written document as to the “Delivery Date or Turnaround”.
By default, unless otherwise specified the downloadable gallery of acceptable photos shall be provided with either Personal Print Usage or Commercial Online Usage depending on the commerciality of the session (see definitions above for exact meaning) in perpetuity to the client.
Each use of any photographic work by the client must be accompanied by at least one adjacent credit line within that genre or medium acknowledging the photographer's name wherever possible but not by altering the photograph such as doctoring, placing a watermark or overlaying the credit onto the photograph.
In situations where an online credit is not feasible and detracts from the brand messaging of a commercial enterprise such as a prominent website hero image or social media profile cover picture, a suitable credit may be placed in another section of the medium or other such mutually agreed place.
When sharing any images on social media or in public forums including personal, event or family photos, the client agrees to visibly credit the photographer appropriately e.g. “Photos by Chris Jack” on either each photo or album description, caption, comments, notes or tagline.