c a p t u r i n g l i f e.

Client Contract Conditions - Portrait Sessions


PORTRAIT SESSIONS

Portrait Sessions include boudoir, family, and event photography.

Agreement between Nicola Anne Designs (NAD) and Client.

A deposit of $50 must be paid at the time of booking to secure the date. Any deposit paid is non-refundable. The outstanding balance must be paid prior to the shoot going ahead.

COPYRIGHT: The client agrees to assign all copyright of any resulting images and files to NAD. NAD grants you a license for personal use of the supplied images. Licensed images may not be resold, distributed for commercial use, published for commercials use, or used for profit or publicity by anyone other than NAD without express written permission. The client acknowledges that images used by NAD for promotional or other purposes, may contain their, or their friend’s/partner’s/family member’s faces, or other identifying features, and consents on behalf of all individuals involved in the photo-shoot or event*. Unless otherwise agreed, the client has unexclusive license of the images delivered to them, and is able to use the images for personal use.  

PERSONAL USE: The client may make prints of the images, both watermarked and non-watermarked, for personal use. The images are not to be used for marketing purposes, unless agreed to prior to the shoot. If the images are placed on social media, the client will upload only watermarked images. Images supplied to the client are not to be further edited or altered by the client, with the exception of being re-cropped as per the guidelines below. Both watermarked and un-watermarked images will be supplied on a USB device to the client within 8 weeks of the shoot.  Only edited JPEG format images will supplied to the client. The selection of images provided to the Client is at the sole discretion of NAD. Some images may not be in 4x6 format due to cropping; however, can be printed in photo books, re-cropped by the client or printed as cropped by NAD (recommended). Should additional images be requested, this must be done within 30 days of receiving your final set, as RAW files are not held by NAD after this time. This request can be denied by NAD, or alternatively, additional images may be edited and supplied at a cost of $10/per additional image requested. The additional images chosen for supply are at the sole discretion of NAD.

PRINT PACKAGES: In the event that a print package has been ordered, the Client acknowledges and understands that these are ordered from a third party, and NAD takes no responsibility for delays on orders as a result of delays from the printer. The Client is aware that the Albums are 5x7 albums with 10 individual images supplied. The images used in the albums are chosen from an online gallery which will be available to the client for a period of 30 days. If the client fails to make a selection of images within this time, the images for the album will be selected by NAD. Albums and prints will not be re-ordered as a result of the client changing their mind; replacements will only supplied where there is a practical fault with the product.

SOCIAL MEDIA: The Client agrees that, should a grievance arise, this will immediately be raised via email with NAD, and NAD will work with the Client to resolve any issues, and will aim to provide a positive outcome that satisfies all parties. NAD agrees to pursue all appropriate, and possible, courses of action to resolve the grievance, so long as that action is within the guidelines of this contract. If an occasion should arise where the outcome is not considered satisfactory to the Client, the Client understands that it is a breach of their contract to name NAD on social media, in a way that is defamatory, negative, or gives information regarding the grievance.  Should NAD become aware of any such posts on social media, NAD reserves the right to withdraw services from the Client, and any and all payments made to NAD will be liquidated for damages to NAD.

NAD will retain digital copies of all supplied images for a period of two years following the date of the shoot. In the event that the client’s copy of images are lost and/or stolen, replacement images can be supplied at a cost of $55.

In the case of Boudoir shoots, or other intimate portraiture work, the client confirms that they are over 18 years of age. The images able to be used by NAD will be discussed with the client. The client may choose to have;   

         Non-identifying images able to be used for promotional purposes. 

         All images able to be used for promotional purposes.

NAD takes no responsibility for any injury caused to any person directly or indirectly involved with a photo-shoot, and clients engage in shoots at their own risk.  The Client acknowledges that NAD will not operate in wet weather conditions, unless supplied with a sheltered area under which to work from.

By paying the deposit, the Client confirms that they have read this contract, and understand and accept the above terms and conditions, on behalf of all subjects involved in shoot.