Terms & Conditions for Clients of Shot by Skye

Agreement

This agreement contains the entire understanding between Shot by Skye and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. 

In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

Engagement and Services

The Agreement is between Shot by Skye and the Client named in the photography contract. The Client wishes to engage Shot by Skye and Shot by Skye accepts the engagement to hereby:

(a) provide the Services to the Client and

(b) produce Digital Photographs supplied 

   (1.) Bespoke online gallery

   (2.) Delivered by USB (fees are applicable) 

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Contract and Payment Arrangements

The aforementioned 25% non-refundable deposit fee is due at the time of signing of agreement, to reserve the dates and times of the Event (S). The remaining balance is payable in full 2 or 4 weeks prior to the day of the Event(S) as detailed on the client contract. In the event the Client fails to remit payment as specified, Shot by Skye shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the Event(S). 

If the Event (S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the deposit  is non-refundable and shall be liquidated damages to Shot by Skye. The Client shall also be responsible for payment for any of Shot by Skye’s materials charges incurred up to time of cancellation.

These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at: www.shotbyskye.com.au on the bottom of the website. Our terms and conditions apply to all previous, current and future clients.

The Client agrees to pay the Fee to Shot by Skye. All amounts payable under this Agreement are inclusive of GST. All additional costs such as permits to photograph in national parks or on beaches that require permits, if any, are the responsibility of and must be paid for by the Client.

Event Scheduled

The client agrees to confirm the schedule one-week (7 days) prior to the Event(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Shot by Skye by the Client. Shot by Skye is not responsible for any omissions to the schedule that result in us not being able to carry out our duties. Shot by Skye will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.

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Force Majeure Clause

Shot by Skye is not responsible for any failure to perform any obligation under these T&Cs if its performance has become impossible due to any matter beyond the reasonable control of Shot by Skye which includes (but is not limited to): Obtrusive guests, lateness of the Client or guests, weather conditions ie: fire flood, tempest, earthquake, natural disasters, schedule complications, incorrect addresses provided to Shot by Skye, rendering of decorations, or restrictions of the locations, riot, civil disturbance, national emergencies, pandemic, government interference, theft, crime, strike, lockout, breakdown or war. Shot by Skye is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. Shot by Skye is not held liable for missed coverage of any part of the Event (S). Shot by Skye will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S). In such circumstances, Shot by Skye will be under no obligation to refund the Deposit or Invoice.

Safety


Shot by Skye reserves to right to terminate coverage and leave the location of the Event (S) if the photographer from Shot by Skye experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the Event(S); or in the event that the safety of the photographer from Shot by Skye is in question. The client understands that in such an event, no refunds will be granted.

Limitations from Venues

Please note that Shot by Skye is governed by the restrictions imposed by the venues. In some cases, venues restrict the movement of photographers, the use of flash or in extreme cases prevent the taking of photographs at all. It is the responsibility of the client to inform themselves of these restrictions and inform Shot by Skye prior to the event. Shot by Skye will not be held responsible for any lack of photographs delivered due to these restrictions.

Copyright

Copyright in the photographs is retained by the client for private, domestic and personal use only. Any sale or commercial use must have written approval by Shot by Skye. Shot by Skye asserts all moral rights attached to the Photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the Photographs without the prior written consent of Shot by Skye except in the case of cropping an image. The client may submit images to their other vendors for social media use only or to sections of websites, magazines, and blogs, however, a credit to Shot by Skye as the photographer must be given in the form of either a social media handle or direct website link. Our social media handle is @_shotbyskye and our website link is www.shotbyskye.com.au

Image Style & Editing Process

The client acknowledges that they are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that Shot by Skye will use their expertise and artistic judgement to create images consistent with their vision of the wedding, which may be different from the clients. Our editing encompasses colour grading of all selected images for the client in Lightroom, however, our prices do not include cropping or advanced editing/retouching such as individual removal of pimples, scars, double chins or distracting elements. Additional editing may be requested and a fee per image will be quoted upon request and must be accepted prior to any work being carried out.

Image use & Storage

Shot by Skye may use the photographs for advertising or otherwise promoting her work. This is optional and the client must inform Shot by Skye in writing if they do not wish to have their images used in any advertising or promoting.

Shot by Skye will keep copies of both your finished jpegs for 3 years and your RAW files for one year from the date of your event.

Delivery

All clients will be supplied with high-resolution jpeg files upon final delivery. At no stage will RAW files be delivered. Online galleries will be uploaded within a week of the event excluding public holidays. Final delivery of USB drives (at an additional cost) will be four-six weeks excluding public holidays and delivery times. Shot by Skye is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of Shot by Skye.

Limit of Liability 

In the unlikely event that the assigned photographer from Shot by Skye is unable to perform to the guidelines of this contract due to an injury, illness, death, act of terrorism, or other cause beyond the control of Shot by Skye, Shot by Skye will make every effort to secure a replacement. If the 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(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Shot by Skye control, including but not limited to camera, hard drive, or equipment malfunction, Shot by Skye liability shall be limited to a full or partial refund of any money paid under this agreement, which shall be in full & final satisfaction of any damage or loss suffered. 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. Shot by Skye is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

Coverage

Every effort will be made to capture as many moments of your day as humanly possible however it is not possible to capture absolutely everything. If you have suggestions or desires for photos to be captured on the day of the event, please write them down on a list for me and I will do my best to get them. Because of the ever-changing nature of events not everything can be covered. Shot by Skye is not responsible for missing specific photo's if you have not previously discussed them and delivered a final copy of the shot list 7 days prior to the event. 

Shooting Time/ Additions

The Client and Shot by Skye agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the Event(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the Client.

Expenses Incurred

When applicable, the Client is responsible for all travel, accommodation, meal and transport costs unless provided by the Client.Travel Expenses: All travel expenses are based on the distance between the Event location(s) and Shot by Skye business address. For all Events(S), the first 50km roundtrip of travel are included. All kms in excess of 50 km roundtrip are charged at an additional price to the discretion of Shot by Skye.

Permits: The Client is responsible for acquiring all permits and necessary permission for all locations on which Shot by Skye will be performing services.

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Permits

The Client is responsible for acquiring & payment for all permits and necessary permission for all locations on which Shot by Skye will be performing services.