TERMS & CONDITIONS
By hiring Alexander Given (AXII Media)/"Photographer" you are agreeing to these terms. Your payment is an order for Photography with Alexander Given (AXII Media). It is understood that all raw images and video are the property of Alexander Given (AXII Media) and may be used for display, promotion, advertising or any purpose thought proper by Alexander Given (AXII Media).
1. Deposit: A deposit retainer payment of $50 is due to secure the photographer exclusively for your selected date. This amount will be included in your invoice that will be sent to you via email and is to be paid within 24 hours of making your booking. The Client is to check and confirm their bookings details and ensure that all their booking details are correct on their Invoice as per the details that they provide on their online booking form. Alexander Given (AXII Media) will not be liable for any errors made by the client.
2. Date Reservation: Your date is not reserved until security deposit retainer payment is made, the photographer has the right to accept other bookings for your date/time and if this occurs than the photographer will have no further obligation to your booking.
3. Cancellation: The deposit retainer of $50 is partially refundable if booking is cancelled more than 48 hours prior to booking. 50% of the $50 is non-refundable and non-transferable in the event of cancellation of the booking by the Client, regardless of when the booking is cancelled. Such cancellation must be in writing.
The $50 deposit retainer is paid to the business to secure the studio and the date. It also blocks out the photographer from being available for other work for that same date/time. If a client cancels the booking within 48 hours of booking date, then the full deposit of $50 is retained by the business to cover business expenses, studio fees and to compensate for loss of work & income.
4. Full Payment: This agreement shall be deemed cancelled if all monies are not paid on time as stipulated on the Clients Invoice (full payment is due no later than 7 days before booking date) and the Photographer shall have no further obligations to the Client if full payment is not received. If the agreement is cancelled due to non payment of full amount, there will be no refund of any monies paid thus far, including the deposit retainer and photographer will not be liable to photograph the client.
5. Copyright: The Photographer shall retain Copyright in all the material produced by the Photographer.
6. Client Use: The Photographer shall not be liable for any claims whatsoever resulting from alterations made to the material by the Client. The Photographer grants the Client the right to make unlimited number and format of copies of the photographs in any medium for personal use. The Client shall obtain written permission from the Photographer prior to selling or publishing any of the material for financial gain.
7. Model Release: This serves as a model release and the Client grants the Photographer the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition, websites, social media or other purposes and without compensation, unless the client states otherwise in writing. Client may also be provided with a model release form on the day of the photoshoot.
8. Booked time: The Photographer shall not be held responsible for any lost booking time resulting from the late arrival of the client, but the photographer will do their absolute best to provide as much value within remaining time as possible. Clients must arrive prepared, no later than 15 minutes prior to booking.
9. Unavailability: If the Photographer cannot attend to their duties for medical reasons or other emergency, all effort shall be made by them to engage a competent replacement photographer at no extra cost to the Client. If the Photographer cannot source a replacement photographer or the Client is not satisfied with the proposed alternative, all monies paid by the Client (including the Reservation Deposit) shall be refunded in full and the Photographer's liability shall be limited to this refund.
10. Refund: All monies paid by the client shall be refunded and this Agreement become void if an act of God or other catastrophe necessitates cancellation, or in case of death or serious illness to either party or their immediate families up to 1 week before the booking. Such cancellation must be in writing and a registered professional shall attest to the illness or death referenced as reason for cancellation.
11. Lost Photographs: The Photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, the photographer shall refund all monies received and his/her liability shall be limited to this refund. If a portion of the material is lost, stolen or damaged for any reason, then the refund shall be calculated pro-rata based on the package selected and his/her liability shall be limited to this partial refund.
12. Photograph Delivery: Photos will be processed and delivered in the earliest time frame as possible. Please allow 4-8 weeks processing time for all photos. In rare circumstances including but not limited to illness, unusually busy periods, family emergency, natural disaster etc. the delivery time of your photos may be extended up to 12 weeks.
13. Photograph Archive: Upon receipt of a link to their photographs, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access provided link. It is Client's responsibility to make sure that digital files are copied to new media as required.
14. Uncooperative clients: The photographer is not responsible for any uncooperative clients. Whilst all reasonable effort is made to capture friendly, engaging &/or happy (etc.) photographs, the photographer is not responsible for "forcing" subjects to smile, enjoy or pose for shots where they are unhappy to do so.
If there are any questions regarding AXII Media's T&C's, you may contact us using the details below: