Lifestyle Sessions Booking Form
Terms and Conditions – Photography Sessions
Please read carefully and submit the form below
By paying your deposit and submitting the online form below, you acknowledge and agree to all of the following terms and conditions.
The client agrees to pay Ebony Blush Photography a non-refundable retainer of 20% of the package total within 5 business days of their inquiry to secure the date and time.
The balance is due no 7 days before your session.
The fee covers the time and talent of the photographer , basic retouching and creative editing of images, as determined by the photographer.
Additional prints or digital images and clips may be available for purchase.
B. Location Costs & Fees:
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. (example: Kings Park requires a fee of $100 per hour)
If an illness or serious situation prevents the wedding from taking place, a client may cancel their booking, if a minimum of 3 business days is given. If notice is given, all monies paid will be refunded, less the 20% retainer.
Should the client fail to give notice, or decide to cancel on the basis of a change of mind, the total payment is forfeited and will not be refunded. Ebony Blush Photography reserves the right to withdraw their services due to serious illness, war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labour or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Zoe Clark / Ebony Blush Photography. In this event, the client may have the option of another photographer at short notice or a complete refund. By signing below you agree to these terms and understand that no further damages or reimbursement can be claimed under these circumstances.
D. Re-shoots / Refunds:
Re-shoots are determined at the discretion of the photographer. Refunds will only be given if Ebony Blush Photography is at fault or is unable to attend without notice.
Ebony Blush Photography is not responsible for loss or damage to the digital files due to circumstances beyond their control. If a client loses their copy of their images, a second USB may be provided for a 5% fee, based on the package pricing.
A customized USB requires an additional $30 fee.
The Client and Ebony Blush Photography recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual damage in the event of a breach on the part of Ebony Blush Photography.
Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Ebony Blush Photography, including, without limitation, any damage to or loss of any videotape footage or photographs, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS OF ANY VIDEOTAPE FOOTAGE OR PHOTOGRAPHS: A percentage reduction in the price of the video & photo package, based upon the amount of actual tape-time which has been damaged, lost or not captured. The client would then receive the final product, containing the footage & photographs from the Event, which was captured, not lost or damaged. *In the unlikely event that all images may become corrupt or are destroyed, liability is limited to a refund of all monies paid, and no further remuneration.
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If the client has arranged a payment plan, the order will be placed after the final payment has been received.
The Photographer is not responsible for the damage of portraits and or video footage after delivery to the client, including damage caused during transit by Australia Post. Client assumes all responsibility for the safety of all portraits upon receipt.
Certain locations may have restrictions as to where a photographer/ videographer can stand, or have strict policies preventing flash photography, tripods etc.
The client understands that this may limit their ability to provide the coverage that may have been desired.
*I. Model Release:
I hereby give to Ebony Blush Photography and Zoe Clark the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select,
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; I hereby release and discharge Ebony Blush, Zoe Clark and all assisting photographers from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Photographer/s are not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves, their children, guests, and release the photographer/photographers from any claims against their person or their business.
K. Copyright & Penalty:
Ebony Blush Photography retains all copyrights to all images and footage created during client’s session. A print release is provided for personal use only. The print release does not allow publication of your portraits or video (i.e. entering in contests), selling or altering of your images beyond personal use without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image or video created by Ebony Blush Photography / Zoe Theiadore.
This written and signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided Ebony Blush Photography / Zoe Clark, in connection with the Event. It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth above. If either party to this Agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought.
By submitting this form, you agree to all of the above terms and conditions.