Terms & Conditions
DEFINITIONS
In these terms and conditions, unless the context otherwise requires:
“Client” or “Customer” means any person or entity who acquires Raspberry Photography’s services wholly or predominately for personal, or commercial use.
“Raspberry Photography” or “The Photographer” means Raspberry Photography (ABN: 59730659413) owned by Jana Koelmel,. 29 Wesley Street, 4030, QLD and its respective successors and permitted assignees.
“Agreed Fee” means the fees estimated by Raspberry Photography in any quotation once accepted by the Customer.
“Materials” means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to Raspberry Photography for the purposes of the photographer supplying the Services.
“Services” means photography and photo editing services.
APPLICATION
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by Raspberry Photography with any Client in relation to the provision of Services by Raspberry Photography. All work carried out by Raspberry Photography is on the basis that the Client has agreed to these Terms and Conditions. Any desired amendments are to be sent in written prior to the commencement of a project for consideration.
QUOTATIONS
Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. Quotes are valid for 30 days.
PAYMENT
The Client will pay Raspberry Photography the Agreed Fee in the following manner: Unless otherwise agreed, 10% of the Agreed Fee will be payable to secure the desired booking date (“the Deposit”); and the balance will be payable 14 days before the agreed shooting date.
CANCELLATION & RESCHEDULING
If the Client wishes to cancel or reschedule the photo shoot, they must provide at least 3 days’ notice. If the Client has engaged Raspberry Photography to provide Services on a specified date, the Client may notify Raspberry Photography in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). If the cancellation is made more than 48 hours prior to the day on which JK Film & Photography has been engaged to provide the Services, the Client must reimburse Raspberry Photography for any expenses incurred by Raspberry Photography in preparation for the provision of the Services. Cancellations made within 48-24 hours of the photoshoot will incur a cancellation fee of 20% of the agreed fee. If the cancellation is made on the day of the shoot, the Customer must pay 50% of the Agreed Fee.
PHOTOSHOOTS
The Client agrees to cooperate and follow the Photographer's instructions during the photoshoot to ensure satisfactory results. Raspberry Photography is not responsible for compromised coverage due to the Client's failure to follow instructions, lateness, or other factors beyond the Photographer's control. The Photographer will deliver a set number of edited images as agreed upon in the booking confirmation.
STILL IMAGE DELIVERY
The Photographer will provide the Client with edited digital images within 2 weeks of the photoshoot. The Photographer retains the right to select the best images for editing and delivery. Unedited images will not be provided. For Staff Portraits & Headshots, the Photographer provides an online gallery with a selection of preview images to choose from. The Client will receive the final images in high and low resolution via a download link.
MODEL RELEASE
The Client grants the Photographer permission to use the images for portfolio, marketing, and promotional purposes. The Client has the right to request in writing that specific images not be used for marketing purposes.
VENUE, LOCATION FEES & PERMISSIONS
The Client must obtain any necessary consent or permission and pay any fees that may apply for Raspberry Photography to film or photograph at a particular venue, location or event.
ARTISTIC LICENSE
The Client acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. Raspberry Photography reserves the right to use ‘Artistic License’ in any commissioned works that require editing or the production of finished works.
SUB-CONTRACTING
Raspberry Photography reserves the right to sub-contract any Services that Raspberry Photography has agreed to perform for the Client as it sees fit.
TALENT/BACKGROUND PERONS/STAFF
If the customer requires talent, staff, background persons or passers-by to be included in the production, then it is the responsibility of the client to obtain the necessary permissions. Raspberry Photography cannot be held liable for any prosecution from any person who appears without permission. If re-editing or shooting is required to remove such persons it shall be at the client’s expense. Raspberry Photography will at the request of the customer and if included in the pricing structure, obtain permissions from all persons appearing in the production.
CLIENT UNDERTAKINGS & WARRANTIES
The Client must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer’s project. The Client indemnified Raspberry Photography from any possible liability for the use of any client-supplied media in the Client’s project.
RECORDED MATERIAL OWNERSHIP / COPYRIGHTS
The Raw Photography and edited photography files including all copyright remain the property of Raspberry Photography until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, Raspberry Photography reserves the right to withhold all finished works and use all or portions of the finished works for display, promotional or commercial purposes.
Copyright in all photography by Raspberry Photography will remain the property of the author or legal entity owning the copyright.
RIGHTS OF USE
The Client shall have the right to use the final project files only in the media, within the territory, for the period, and with exclusivity as set out in the contract or license agreement. Raspberry Photography has the right to use edited or unedited photographs produced pursuant to these Terms and Conditions for promotional or commercial purposes unless an alternative arrangement is made between JK Film & Photography and the Client.
FILE STORAGE
Raw photographs will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months, Services have not been paid for, JK Film & Photography reserves the right to dispose of all Raw materials and finished works. Client Galleries and further Download Links will be available online for six (6) months only. The Client shall download and store their files on their own devices within these six (6) months.
FAILURE OF EQUIPMENT OF ILLNESS OF RAspberry PHOTOGRAPHY AND CONTRACTORS
Whilst all reasonable care and preparation is taken for photography and editing, Raspberry Photography will not be liable for any compensation except for the return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) engaged by Raspberry Photography or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
LIABILITY & REFUND
The customer’s payments cover/pay for labour and presentation media in the production of the agreed project. Every effort is taken by Raspberry Photography to provide the client with the agreed product, and dissatisfaction with its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the customer as grounds for refunds or compensation, for which Raspberry Photography is not liable.
FORCE MAJEURE
If Raspberry Photography cannot carry out an obligation under the initial agreement either in whole or in part because of anything outside its reasonable control, then Raspberry Photography’s obligations under the initial agreement will be suspended for the duration of the event or waived to the extent applicable.
LEGAL COSTS
The Client will be liable for any legal costs incurred by Raspberry Photography in the recovery of unpaid invoices on an indemnity basis.
RIGHT TO CREDIT
Raspberry Photography’s name shall be exhibited in reasonable proximity to all published reproductions of the photographs unless otherwise agreed in writing before the commencement of work.
PRIVACY Policy
All information received by Raspberry Photography from the Client, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
AMENDMENT
Raspberry Photography reserves the right to amend these Terms and Conditions at any time.
APPLICABLE LAW
This Agreement is governed by the laws of Queensland, Australia.