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This Agreement contains the complete understanding between you, your partner, from now on referred to as the CLIENT, and "She Said YES! - Wedding Photography" ABN 15956459346 from now on referred to as the "PROVIDER".

Booking Confirmation:

A signed "PHOTOGRAPHY/VIDEOGRAPHY SERVICE Agreement" (this form) and payment of the booking fee (50% of the total price of all services selected) are necessary to confirm the stated wedding services from the PROVIDER.

The wedding day:

The PROVIDER will be at the CLIENT's required locations at the CLIENT's requested times from the above agreement form details fields. The PROVIDER will take photographs and record video footage of the CLIENT and their guests at those locations to the best of the PROVIDER's skills. If the locations, addresses and times are not filled in this Agreement by the CLIENT, the CLIENT should supply them by phone or email to the PROVIDER as soon as possible. If the information is not passed on or sent too late, the PROVIDER will not be held responsible if it does not show up on time or at the right location on the wedding day. It is the CLIENT's responsibility to supply all the details about the wedding day to the PROVIDER.

The Photos:

The PROVIDER will deliver all photos in high-resolution (over 12MP) from the wedding photoshoot within 48 days of the event. The images will be edited for tone, colour, noise, sharpness and cropped to the best composition. They will not be retouched for blemishes, spots, unwanted objects, reflections or alter body shape. We offer photo-retouching as an additional service. The images will be delivered in JPEG file format in an online gallery customised for the CLIENT. The lifetime of the gallery and the access of the client is guaranteed for two years from the delivery of the photos. The gallery will offer to download the images in full resolution, print the photos in a professional printing laboratory and share a single image or the whole gallery on social media. The printing price is not included in this service. It will be billed at the printing order checkout. Delivery of images on USB via post service is not available.

The Free Slideshow:

It will be 3 to 6 min long, and it will include 40 to 100 screen edited images from the wedding day with background music licensed to the provider. The slideshow will be delivered within one week of the wedding via our Facebook page and YouTube channel. The digital download of the slideshow will be available after the delivery of all images in the online gallery.

The Videos:

A full-length wedding events video will be delivered within 60 days from the wedding day in 4K resolution 2160P 24FPS with a downloadable link. Additionally, every videography package, except Short'n'Sweet, offers a Cinematic Wedding Film with a duration of up to 20 min. It will also be delivered with a downloadable link and our YouTube channel in 4K within 60 days from the recording date. In some cases, the PROVIDER may use HD 1080P cameras for capturing additional angles of the wedding events, but not more than 20% of all delivered video production.

The Basic Ceremony Video:

A minimum of two stationary cameras captures the Basic Ceremony Video option during the wedding ceremony of the CLIENT. The two cameras are set before the event by the PROVIDER, and there is no dedicated videographer to operate them. Therefore, the PROVIDER can not be held liable for missed moments in case of a guest is standing in front of a camera, sudden change in lighting conditions, ceremony action is moved out of the frame of both cameras, the CLIENT is standing with their back facing away from the cameras. The PROVIDER will use up to two microphones to capture the audio of the event, but in the case where the CLIENT refuses to wear a lavalier microphone, there is too much ambient noise, the venue or celebrant can not provide an audio feed from their audio system, or a speaker does not use a microphone, the PROVIDER will not be held liable for the bad quality of the sound provided with the video production.

Cooperation:

The CLIENT and the PROVIDER consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. The CLIENT agrees to give the PROVIDER sufficient warning of key events at the wedding to give the PROVIDER time to prepare, e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photos taken. In such cases, the PROVIDER will use his discretion but cannot be held responsible for the lack of pictures of these people.

The Schedule:

Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos/videos for the CLIENT, accomplished with good humour and enjoyed by all concerned. Both the CLIENT and the PROVIDER, therefore, agree that punctuality and cheerful cooperation are essential to producing outstanding photographic/video results. In cases where the wedding does not run on time (for example, extreme lateness by one of the CLIENTS arriving in the church) we cannot guarantee to take our standard set of photos/videos although in such circumstances we will do our absolute best to compensate.

Paparazzi Wedding Guests:

All your guests will have digital cameras, and all your guests will want to photograph the CLIENT. In the spirit of cheerful cooperation, the CLIENT agrees to give the PROVIDER precedence over the guests to take the photographs required for the wedding services described above. The PROVIDER cannot be held liable for lack of wedding photos if guests were taking their pictures of the CLIENT AND continuously interrupting the PROVIDER's work. That also applies to photographers and videographers hired by the CLIENT with another contract.

House Rules:

The PROVIDER can sometimes be limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, some ministers insist that no flash photography is allowed, and others will ask that the PROVIDERs shoot from a specific location. In such circumstances, the CLIENT agrees to accept the technical limitations that may be imposed on the equipment used. We advise the CLIENT to make themselves aware of the rules of the venue concerned and if necessary, negotiate with the personnel involved. The use of a drone camera can also be affected by these rules.

The Copyright:

None of the images or videos, delivered by the PROVIDER, can be used in any form for commercial/business purposes. Including but not limited to: advertising on websites or printed media, broadcasting on TV or Cable, uploading to YouTube, Vimeo or other video and image social cloud other than Facebook, Twitter and Instagram from non-business accounts. Alternating of the images and videos such as but not limited to applying filters and colour correction, drawing on the portraits, removing objects from the images or videos, cutting or editing the video product, is forbidden without prior written permission by the PROVIDER. The copyright of photographs and videos remains with the PROVIDER. The PROVIDER grants the CLIENT permission to make copies of the images under the following conditions. The images taken by the PROVIDER are for personal use by the CLIENT and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the PROVIDER.

Model Release:

The CLIENT grants the PROVIDER and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photographs and video footage of the CLIENT for editorial, competition, advertising and any other purpose and in any manner, to alter the photos/videos without restriction, and to copyright the images. The CLIENT hereby releases the PROVIDER and its legal representatives, heirs and assigns from all liability and claims in connection with the photos and video footage. Please note - the PROVIDER will not be able to deliver the images or video footage to the CLIENT if there is no agreement upon this model release.

Limit of Liability:

The PROVIDER has working methods in place to prevent loss or damage to your images and video footage. However, there is the unlikely possibility that images or footage may be lost, corrupted, stolen or destroyed for reasons in or beyond our control. In these circumstances, liability is limited to the return of fees paid for the service or part thereof according to the percentage of images or footage lost. In the case where there is sufficient video footage to cover all live events even from one camera, the PROVIDER will not owe refunds.

Date change and cancellations:

Any change in the original wedding date or cancellation of the wedding shall forfeit the booking fee received. The booking fee is non-refundable. It will be considered as liquidated damages to the PROVIDER.

Smoking:

The PROVIDER respect the rights of the CLIENT and their guests to smoke tobacco products, but the PROVIDER reserves the right to stop photographing/filming and leave the room/area until the air is fit for normal breading and it's free of smoke and tobacco odour.

Booking
For wedding photography and videography packages, a 50% non-refundable booking fee is due immediately to book and hold the date of your event and also serves as a cancellation fee. The remaining 50% balance is due two (2) weeks after the date of the wedding.
For the Elopement package, photo booth hire and pre-wedding sessions, a 100% non-refundable booking fee is required to book and hold the date for you and serves as a cancellation fee. However, the fee can be credited towards a future service upon our approval.

Cancellation Policy
For the Elopement package, photo booth hire or pre-wedding photo sessions, the client forfeits their session retainer paid to book the session. As previously stated, the fee can be credited towards a future session if the client reschedules the appointment by contacting us 48-72 hours before the session date, paying a 20% rescheduling fee and re-booking at an agreeable date and time.

UPDATED CANCELLATION POLICY - COVID-19
For weddings and events, if the CLIENT requires to change or postpone the wedding date due to COVID-19 restrictions and lockdowns, we will do our best to accommodate the change. No rescheduling fee will be charged if the new date is available and within one (1) year of the original event date. If we cannot secure a team for the new date, the original contract will be cancelled and subject to the above cancellation policy. If the CLIENT cancels the wedding due to the COVID-19 or other reasons, the COMPANY will keep the booking fee paid as a cancellation fee. Cancellation must be made in writing or by e-mail.

Third-parties:

The PROVIDER reserves the right to hire third-party contractors to execute part or all services from this Agreement but with the same as or better quality than the PROVIDER's portfolio work advertised. The PROVIDER will be in full control of the contractor at all times to guarantee a quality product of industry standard.
The following terms and conditions set forth an agreement between the PROVIDER and the CLIENT for the photo booth hire services during the designated service period. This written contract sets forth the full, written intention of both parties and supersedes all other written and oral agreements between the parties.

Booking Confirmation:

A signed "PHOTO BOOTH SERVICE Agreement" (THIS DOCUMENT) and payment of the total price of all services selected are necessary to confirm the stated service from the PROVIDER.

THE SERVICE

The Service Period starts from the above form field data [START TIME] until the end of the service package on the form field data [Event Date] at the form field data [Event Venue]. The PROVIDER agrees to have a photo booth operational, taking photos and printing images, for a minimum of 80% of this time. Occasionally, operations may need to be interrupted due to the maintenance of the photo or printer unit. The photo booth unit uploads the photos from the event on an online gallery via the venue's WiFi network and gives the CLIENT, and guests access to download and share the images from the event. A the end of the hire service, the PROVIDER copies all images from the event to a USB drive and give them to the CLIENT to keep.
-If the photo service cannot be provided due to PROVIDER's fault or faulty equipment for the minimum time, the PROVIDER agrees to refund money equal to the percentage of the time left of the service package that the photo booth unit has not been taking photos due to the fault.
-If the photo booth unit is unable to print images at the event, the PROVIDER agrees to print the images not been printed at the event, on the next day and post them to the CLIENT's address above.
-If the CLIENT's venue doesn't provide WiFi access to the photo booth unit during the event, the PROVIDER agrees to upload the images from the event on the next day to the online gallery and send the CLIENT a link for access.

ACCESS, SPACE & POWER FOR PHOTO BOOTH

CLIENT acknowledges that the PROVIDER must have access to the event space at least ONE hour before the service start time. CLIENT should arrange for an appropriate space (3 x 6 meters 2.5m high and an additional 3 x 1 meter for the props table) for the photo booth at the event's venue. CLIENT is responsible for providing power for the photo booth. The photo booth requires a standard household power outlet. The photo booth cannot be set near a pool area due to water damage. Outdoor installation is possible if the chosen location meets the following requirements: dry must be on a paved or grassy surface (no dirt), protected from the elements: rain, wind, heat, direct sunlight. CLIENT agrees that the PROVIDER can not be held liable for any lack of service due to the CLIENT failure to provide these minimum requirements.

CHILDREN UNDER 12

Children under the age of 12 are not be permitted in the photo booth without adult supervision. The adult supervisor doesn't need to be in the photo with the child/children.

DAMAGE TO PROVIDER'S EQUIPMENT & REFUSAL

CLIENT acknowledges that the CLIENT shall be responsible for any damage or loss to the PROVIDER's Equipment or props caused by theft or misuse of the PROVIDER's equipment by CLIENT or CLIENT's guests. PROVIDER reserve the right to immediately refuse service, pack up and depart from the venue with no compensation for lost rental time to CLIENT if the attendants are harassed, threatened, or abused by the CLIENT/guests or if CLIENT/guests' behaviour is out of control.

INDEMNIFICATION

CLIENT agrees to, and understands the following:
a) CLIENT indemnifies PROVIDER against any liability related to CLIENT's Event during or after the CLIENT's event. CLIENT indemnifies PROVIDER from the time of service and >
b) CLIENT indemnifies PROVIDER against any liability associated with the use of pictures taken within the photo booth, its representatives, employees or affiliates at CLIENT's event.

COPYRIGHTS

Original media and copyrights remain the exclusive property of the PROVIDER.

MODEL RELEASE

The CLIENT grant the PROVIDER and its legal representatives, heirs, and assigns, the irrevocable and unlimited consent to use the photographs of the CLIENT and his/her guests for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction, and to copyright the images. The CLIENTs at this moment release the PROVIDER and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

DATE CHANGE AND CANCELLATIONS

Any change in the original event date/time or cancellation of the event shall forfeit the booking fee received and cancel the services owed by the PROVIDER. The booking fee is non-refundable. It is considered as liquidated damages to the PROVIDER.

SMOKING AND AIR QUALITY

The PROVIDER respect the rights of the CLIENT and their guests to smoke tobacco and other products, but the PROVIDER reserves the right to stop the service and leave the room/area until the air is fit for normal breading, it's free of smoke and odours. Cooking next to the photo booth unit or backdrop is not allowed.