MINI SHOOT SESSIONS
TERMS AND CONDITIONS
Thank you for your interest in a mini shoot session, I am very much looking forward to our shoot together. I ask all clients to please read through the below information covering the details of your photoshoot, these terms will need to be agreed prior to placing your booking.
These Terms and Conditions of Use are legally binding. It is Your responsibility to read these “Terms and Conditions – Mini Shoot Sessions” carefully prior to purchase, use, or access of any of Our products, including online courses.
Purchasing a time slot for a Mini Session constitutes an order for photography session services, including the taking and editing of pictures as agreed to by both parties: Caitlin Ruth Creative (CR) and Contracting Party (CLIENT). Unless otherwise specified, it is understood that any and all rights to proofs and original shots taken by CR shall remain the property of CR and may be used for advertising, display or any other purpose thought proper by CR. CLIENT will be granted usage rights via a commercial license to the images, as outlined in further detail in this contract.
Upon payment, CR will reserve the date and time agreed upon, and will not make other reservations for that date. For this reason, the Booking Fee of $590 + gst is non-refundable. The Booking Fee is to be paid at time of ticket purchase. The Booking Fee is applied towards the contracted Mini Session photography package.
The CLIENT understands and agrees that the entire amount owed for the Mini Session package described in these “Terms and Conditions – Mini Shoot Sessions” is due prior to the Mini Session date.
Within 2 weeks of the mini session date, CR will provide the CLIENT with an online proofing album for CLIENT to select their favourite images. After selections have been finalised via email to CR, within 2 weeks the CLIENT will receive their high-resolution copies of the edited photos through an online gallery through which you may download any and all photos. You may print from these files at any time. For the nature of Mini Sessions, the CLIENT will be allowed 15 individual images as the CLIENT selects from the online gallery. If the CLIENT wants more than 15 images to download, they must purchase individual image rights through the online gallery.
In the event that the CLIENT cancels the contracted services for Mini Session photography outlined here before the Mini Session date and time takes place, the Booking Fee of $590 + gst will be forfeit. It shall be liquidated damages to CR in the event of a breach of “Terms and Conditions – Mini Sessions” by the CLIENT. The CLIENT shall also be responsible for payment of any CR material or charges incurred up to the time of cancellation (less expenditures for which receipts will be provided).
In the event that COVID-19 imposes an extreme lock-down situation and prevents the event from occurring, CR will postpone the event and your ticket will be transferrable to the next available date.
If CLIENT becomes infected with COVID-19 preventing them from attending the event, CR will allow for a transfer of ticket price to one branding session to be used within 6 months. A COVID positive test will need to be sighted.
The CLIENT and CR agree to positive cooperation and communication for the best possible result within the definition of this assignment. CR is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to CDP.
SHOOTING TIME / ADDITIONS:
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Mini Session photography package and in a manner enjoyed by all parties involved. The CLIENT and CR agree that positive cooperation and punctuality are essential.
CLIENT shall arrive to location 15 mins before schedule session, and shooting commences at the scheduled time. Should the CLIENT arrive late or the scheduled events start late due to any reason whatsoever, CR will not be held liable for any photographs not taken.
In the event that the CLIENT is late to the appointment set, the CLIENT’s session will still be for the same scheduled ending time.
Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.
CR is limited by the guidelines of the location site management. The CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; CR will offer technical recommendations only.
The photographs produced by CR are protected by Federal Copyright Law (all rights reserved).
The CLIENT's limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
The digital edited photos are the property of the CLIENT for personal & business use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
The CLIENT must obtain written permission from, and compensate CDP prior to an event where the CLIENT, the CLIENT’S friends or relatives publish or sell the photographs for profit.
The CLIENT hereby assigns and grants CR and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases CR and its legal representatives and assigns from all claims and liability relating to said photographs.
It is agreed that CR may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by CR.
Although every possible care will be taken to produce photographs of all important and key moments during the Mini Session, CR cannot place an unconditional guarantee on the above. CR will not be held responsible for any ruined photographs due to any other cause in or outside of CR control.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
As the entirety of the Mini Session can be conducted inside, a reschedule due to bad weather is an extremely unlikely situation.
If the CLIENT has been contacted and advised to reschedule due to the CR's concerns about weather, and the CLIENT still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the CRs discretion if bad weather persists to cancel the session, during the session. If the CLIENT has been contacted and advised concerns about weather, and the CLIENT decides to go ahead and reschedule, the CLIENT will not be charged to do so.
In the event that the CLIENT would like additional photos due to appearance out of CRs control (hair/makeup, etc.), the CLIENT will be charged for an additional session at the CRs hourly rate to reschedule or shoot additional photos
LIMIT OF LIABILITY:
If the photographer cannot perform this Agreement in whole or in part due to an unlikely event of severe medical, natural, equipment failure, acts of God or nature or terror, or other unforeseen circumstance, CDP will return all fees (excluding the Booking Fee) to the CLIENT(s), but shall have no further liability with respect to this Agreement.
CR takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the CLIENT’s photographs being lost, stolen or destroyed for reasons within or beyond CRs control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
These “Terms and Conditions – Mini Shoot Sessions” has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the CLIENT and CR at the time of acceptance of these “Terms and Conditions – Mini Sessions” contract shall be recognised as amendments to this contract.