OCHRE IMAGERY STUDIOS
The Client or Legal Representative of The Client such as Parent, Legal Guardian or Legal Carer agrees that he/she is responsible for all parties involved with the agreed upon photo serivice/session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.
Photo Session Terms & Conditions
1. Fees: Session fees must be paid before commencement of the photo session. Your Booking fee or ticket is non refundable
2. Please arrive at least 10 minutes prior to your photo session.
3. Our photo sessions are can only be held open for the time booked for. In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule or appoint another Photographer to attend on her behalf to undertake the photography service as outlined in this agreement.
If the Client is unable to attend the session due to unforeseen circumstances he/she is responsible to notify the Photographer and reschedule a session.
4. Product Selection: Images from the session will be edited, refined and uploaded to an online gallery. You will receive a link via email for browsing and selecting the product(s) included in the session offer. Additional prints and products can also be ordered from the gallery.
5. Use. Ochre Imagery Studios may use images from the session as examples of and to promote our services (e.g. on our website, social media, displays, competitions, etc.) If you do not want images used in this way, please tell the photographer before the session. We will not sell images featuring recognisable people (e.g. stock images, art works, etc.) without separate written consent of the subjects (and parents, if they are under age 18.)
6. Waiver of Liability. Ochre Imagery Studios will take all reasonable steps to reduce risks to health and safety during photo sessions. However you (the client) will be responsible for ensuring your own health, safety and welfare and that of any animals or young people under 18 in your care throughout the session (and agree to remain with them at all times.) You agree to release the photographer, other employees or agents of Ochre Imagery Studios from all claims, damages and liabilities that may result from accidents or incidents that occur before, during or after a photo session. This includes waiver of any claim that may be a result of negligence.
The Photographer retains the entire copyright at all times throughout the world for the photographs taken during the specified session. Digital file of photographs that have been taken and or edited by Photographer is part of the Non Exclusive Agreement for the use and obligation between Photographer and Client.
The Photographer retains the right in all cases to use the photographs obtained under this agreement in any manner at any time in any part of the world for the purpose of advertising or otherwise and maintains ownership of the original digital file.
8. Non Exclusive Licence and Client Obligations
A limited non exclusive copyright licence will be granted to THE CLIENT to share the images on social networking websites, with family and friends, as long as the images are attributed in textual credit and is given to The COMPANY OCHRE IMAGERY STUDIOS as Photographer. The CLIENT must obtain written permission from the COMPANY prior to submitting, publishing or selling the photographs to any third party, entity, business, organisation, association or any other recognized being.
The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
10. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
11. Film and Copyrights
The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission.
12. Model Release
The CLIENT hereby assigns the COMPANY 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
13. Limit of Liability
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, The COMPANY is not liable. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.
14. Capture and Delivery
The COMPANY is not liable to deliver every image taken. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question.
The Ticket Holder has read and understood the contract and agree to the terms and conditions in their entirety.