Thank you for choosing me! This contract sets out the terms and conditions upon which you engage me as a photographer.
In these terms and conditions, capitalised terms have the meaning given to them in our correspondence that included a link to this page. A reference to “we”, “us” or “our” is a reference to Oliver Smith Photo ABN 80 171 349 053, of 6/40 Coonanbarra Rd Wahroonga NSW 2076, and a reference to “you” is a reference to yourself, as set out in the details you submit below.
I look forward to working with you.
Terms & Conditions
1. Our obligations
(a) We must provide the photography services at the Venue, Date and Time.
(b) The person performing the photography services must be Oliver Smith, unless otherwise agreed by the parties.
(c) Within approximately 30 days from the Date, we must supply to you the Deliverables.
(d) We must at all times co-operate with you and provide you with all reasonable assistance and further information as required in connection with the photography services.
2. Your obligations
(a) You must:
(i) pay to us the Deposit, within 1 day of accepting these terms; and
(ii) pay to us the Price, (less the Deposit) either before or immediately after the event Date.
(b) The Deposit and the Price must be paid into our nominated bank account, or a method directed by us, the details of which will be provided in the e-mail or other communication to which this link is included.
(c) You acknowledge and agree that the Deposit is non-refundable, as the acceptance of the Deposit is in consideration of us not making any other reservations for photography services for that Date and Time.
(d) You must at all times co-operate with us and provide us with all reasonable assistance and further information as required in connection with the photography services.
3. Intellectual Property Rights
(a) We grant to you a perpetual, non-exclusive, irrevocable and royalty-free licence to use the Deliverables for any non-commercial purpose.
(b) We retain ownership in the intellectual property rights created by us in connection with the photography services. You hereby assign to us all intellectual property rights created by us in connection with the photography services, including without limitation the Deliverables.
(c) You must not licence the Deliverables for any commercial purpose, nor sub-licence the Deliverables to a third party, without our prior written consent.
4. Model Release
(a) You agree that we can use and exploit the intellectual property rights created by us in connection with the photography services to promote our business, including without limitation uploading it onto our website, submitting it to publications, and for any other reasonable purpose.
(b) You acknowledge and agree that we may also use your name and biographical details in a respectful manner in connection with the above purposes.
(c) We must not use the intellectual property rights created by us in connection with the photography services for any other purpose, other than above purposes, without your prior written consent.
5. Limitations, Permissions and Interference
(a) You acknowledge that the quality and outcome of the photography services are limited by all applicable laws, and the restrictions, rules and guidelines imposed on the photographer by you, the venue and the vendors.
(b) You acknowledge that in the event of an unforeseen emergency, natural disaster or illness, we may not be able to perform the photography services. If that occurs we will use our best endeavours to arrange a suitable replacement photographer, in consultation with you.
(c) You represent and warrant to us that you:
(i) have obtained all the necessary permissions and permits for us to perform the photography services; and
(ii) will at all times co-operate and not interfere with the performance of the photography services, and will ensure that all guests and vendors in attendance will not interfere with the performance of the photography services.
(d) In the event that there is a serious interference with the photography services caused by another party (for example abusive guests, conflicts with other service providers, damage to photographic equipment), we may in our absolute discretion immediately terminate this engagement. Upon termination in these circumstances, the full Price is payable and no refund will be provided.
6. Limitation of Liability
(a) For the purposes of this clause 6, “Non-excludable Condition” means an implied condition, warranty or guarantee the exclusion of which from a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of these terms to be void.
(b) Except for any express warranty in these terms or any Non-excludable Condition, we exclude any warranties express or implied by any legislation, the common law, or otherwise.
(c) Except for liability in relation to a breach of any Non-excludable Condition, our total liability to you is limited to the Price.
(d) Our liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
(e) Except for liability in relation to breach of Non-excludable Condition, we exclude all liability to you for lost profits, lost revenue, lost savings, loss of opportunity and any consequential or indirect loss arising out of, or in connection with, the photography services, and any claims by any third person, or this letter, even if we knew that loss was possible or the loss was otherwise foreseeable.
(a) To the extent permitted by applicable law, you agree to indemnify and hold harmless, us, our directors, officers, employees, independent contractors and agents from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, legal fees and court costs (collectively, "Losses"), arising from or related to the photography services, including but not limited to any of the following:
(i) our use of the intellectual property rights created in connection with these terms, for the permitted purposes described in clause 4;
(ii) your breach of any certification, covenant, obligation, representation or warranty in these terms; and
(iii) your violation of any third party right.
(a) No agency, partnership, joint venture, employee-employer or other similar relationship is created by these terms.
(b) These terms cannot be amended except in writing and signed by both parties.
(c) These terms are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(d) The provisions of these terms are severable, and if any provision of these terms are held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
(e) These terms set out the entire understanding and agreement between both parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter.
1) Please type your full name and email address below to confirm your acceptance to the terms and conditions.
2) Please follow the link to place your deposit and secure your date.