Terms & Conditions
RESERVATION: A signed agreement & the retainer fee are both required to exclusively reserve the specified coverage of Jonathan David Photography on the aforementioned wedding date. The retainer fee is non-refundable or transferable and is applied towards the contracted wedding photography package. The Client understands and agrees that the entire balance owed is due at least one (1) month prior to the wedding date – this one month period is defined as ‘the critical period’.
PAYMENT & EXPENSES: Payment may be made in cash or bank transfer. In the event that full payment is not received before the wedding date, Jonathan David Photography will still attend and carry out the requested photographic coverage, but no photographs will be edited or released until full payment has been received.
The booking of, and any additional costs associated with reserving the use of specific venues or photography locations are the sole responsibility of the Client. It is kindly requested that parking be arranged for Jonathan David Photography at each venue throughout the day, where possible, to ensure photography coverage can begin punctually. Any expenses incurred by the Photographer in order to fulfil the contracted services (e.g. parking at your hotel) are to be reimbursed by the client. Any further questions regarding this should be directed to the Photographer prior to the signing of this contract.
If applicable, the photographer will be reimbursed for any travel expenses (e.g. airfares, hotel and transport) incurred by the Photographer for interstate/international weddings. Reimbursements must be paid in full before any photos or products are released to the Client.
CANCELLATION: All cancellations must be in writing. In the event that The Client cancels the contracted services before the one-month critical period, the retainer will be forfeited. All installments made after the retainer is paid are non-refundable – although due to unforeseeable circumstances, Jonathan David reserves the right to issue a partial/full refund. If cancellation occurs within the one-month critical period, the entire wedding package cost will be forfeited, it being the agreed loss of income suffered by the photographer. Weddings postponed to a later date will keep the retainer and package fee provided the photographer can re-schedule the new date & time. If the photographer cannot reschedule to the new date or time (with proof of rebooking provided) a full refund less retainer will be made. In the event that Jonathan David Photography terminates this contract, all payment will be refunded
COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Jonathan David Photography is not responsible for key individuals’ failure to be present or cooperate during photography sessions, neither for missed images due to details not revealed to Jonathan David Photography. Jonathan David Photography recommends that The Client designate an “event guide” (see Section 5 below). The photographer will not tolerate verbally or physically abusive behavior of The Client or wedding guests. If The Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refunds will be granted.
EVENT GUIDE: The Client will be responsible (or assign responsibility to someone) for identifying people/objects of whom/which specific photographs are desired. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s), or if they fail to be present and cooperate during photograph sessions.
EXCLUSIVITY: The Client agrees that Jonathan David Photography will be the single, exclusively hired photographer for the entire duration of this wedding assignment. Family & friends of The Client are permitted to photograph the wedding, provided that they do not interfere with Jonathan David Photography’s duties. Jonathan David Photography will not be liable for any photographs that are ruined as a result of the action of other guests and their cameras. Due to time constraints and attention required, The Client acknowledges that guests or friends will not be permitted to join the wedding party for the formal portrait session.
SHOOTING TIMES: The photography schedule/run-sheet is designed to accomplish the goals and wishes of The Client in a manner pleasing to all parties involved. The Client and Jonathan David Photography agree that cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled time. Should the ceremony, portrait session or reception be delayed for any reason or if parking arrangements have not been made (where possible) for the Photographer, Jonathan David Photography will not be held liable for any photographs missed during the day.
MEALS: The Client is responsible for providing each member of Jonathan David Photography present with a meal at the reception, preferably at the same time as the bride/groom and guests. If no meal is provided, it is understood that the photographer and his assistant(s) will leave the event for up to one hour to purchase a meal. Jonathan David Photography is not responsible for any photos that may be missed while obtaining a meal, or when offered a meal out of meal times. A table with seats, at the rear of the reception venue or separate from guests, must be provided for the photographer to eat at, and safely store and have access to photographic equipment during the reception.
HOUSE RULES: The photographer is restricted by the guidelines imposed by the ceremony official and the reception 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; Jonathan David Photography will offer technical recommendations only.
COPYRIGHT: The photographs, digital negatives or prints produced by Jonathan David Photography are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Jonathan David Photography’s explicit written permission. A limited license of the resulting images will be transferred to The Client under the following conditions:
- The digital images, digital files and/or slides produced are the property of The Client for personal home use only and for the purposes of reproduction and distribution to friends and relatives.
- When charing the Digital Images or Digital Files on social media sites such as Facebook, Twitter, Tumblr, Pinterest etc The Client must credit Jonathan David Photography in the caption alongside each image. Where possible, The Client should do this with a direct link to Jonathan David Photography’s Facebook Page or Website (http://www.jonathandavid.com.au).
- The Client must obtain written permission from, and compensate Jonathan David Photography prior to an event where The Client, The Client’s friends or relatives publish or sell the photographs for profit.
MODEL RELEASE: The Client hereby assigns and grants Jonathan David Photography the irrevocable and unrestricted right to use and publish photographs of The Client for editorial, trade or advertising, or any other purpose and medium considered standard within the wedding industry; and to alter & copyright the same without restriction. The Client hereby releases Jonathan David Photography from all claims and liability relating to said photographs. It is agreed that Jonathan David Photography may display and use the photographs taken for advertising, display, website and internet/blog promotion, photographic contests, books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Jonathan David Photography.
The Client also grants Jonathan David Photography permission to use images from the event to display on their website, blog, Facebook & social media pages. Jonathan David Photography makes every endeavor to ensure photographs that may be deemed inappropriate will not be posted online to preserve the dignity of The Client and their Guests. If a photograph is questionable, Jonathan David Photography will seek the permission of The Client before posting. If Jonathan David Photography posts an image that The Client deems inappropriate, they will remove the image at The Client’s request.
GUEST COOPERATION: Jonathan David Photography will not tolerate verbal or physically abusive behaviour from guests. Unchecked guest conduct that interferes with the photographer may seriously affect the quality of the photographs taken. If The Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the photographer’s equipment, it will result in the early or immediate departure of the photographer and termination of this agreement. The Client understands that in such an event, no refunds will be granted. The Client will be responsible for the costs of any repair or replacement.
COMPLETION SCHEDULE & DELIVERY: Digital post-production takes approximately 6-8 weeks. At this time, a gallery of low resolution, watermarked images will be available for The Client and if an album or prints have been ordered, selections & design can be started in cooperation with The Client. The Client is entitled to TWO (2) rounds of album revisions to swap photographs within the album design template. Once The Client has approved the album design, the album will be sent for printing. Printing can take up to 4 weeks, depending on the schedule of the printing lab. Jonathan David Photography will deliver the final wedding photography package once all post-production has been completed, and once albums and enlargements, if ordered, are completed.
POST-PRODUCTION & ARTISTIC STYLE: Processing and image enhancement includes, but is not limited to, the adjustment of exposure, contrast, white balance, colour tones and sharpness. Post-production of images does not include airbrushing. The Client acknowledges familiarity with Jonathan David Photography’s portfolio and is requesting services with knowledge of Jonathan David Photography’s constantly evolving photography style, which is of a unique and artistic nature. The Client acknowledges that the photos may be different from photographs taken by Jonathan David Photography in the past and that in creating the photos, the photographer shall use his personal artistic judgment to create images consistent with the aforementioned personal vision and style. Accordingly, The Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria. Requests for changes to the final images will be subject to an editing surcharge of $200 per hour.
LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergency, it may be necessary to obtain an alternative photographer. Jonathan David Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
Jonathan David Photography 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 Jonathan David Photography control, Jonathan David Photography’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.
NON-GUARANTEE: Although every possible care will be taken to produce photographs of all the important and special moments during the wedding, Jonathan David Photography will not be held responsible for any ruined or missed photographs due to guest interference (e.g. guests taking photos, flashes etc) or any other cause in or outside of Jonathan David Photography’s control (e.g. acts of God, fire, storm, hail, snow, extreme heat).
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