She Said YES

1. Parties

This Agreement is between:

The Trustee for RAD Films Trust
Trading as She Said YES – Wedding Photography
ABN 15 956 459 346
(“PROVIDER”)

and

The booking client(s) identified on the invoice (“CLIENT”).

The CLIENT confirms they are authorised to enter into this Agreement on behalf of both partners and all persons associated with the booking.

2. Electronic Acceptance & Binding Effect

This Agreement is entered into electronically.

By selecting the checkbox stating:

“I have read and agree to the She Said YES Service Agreement”

and by proceeding with payment of the booking fee, the CLIENT:

1. Confirms they have read and understood this Agreement in full.
2. Acknowledges they have had the opportunity to seek independent advice.
3. Agrees to be legally bound by its terms.
4. Confirms they are authorised to accept on behalf of all named parties.

Electronic acceptance and payment constitute a legally binding agreement equivalent to a handwritten signature.

The PROVIDER retains a record of:

• Agreement version accepted
• Date and time of acceptance
• Associated invoice number
• Payment confirmation
• IP address (where available)

This record constitutes evidence of agreement.

3. Booking & Payment

3.1 A booking is confirmed only when:

• The CLIENT electronically accepts this Agreement; and
• A booking fee equal to 50% of the total package price is paid in cleared funds.

3.2 The booking fee is strictly non-refundable.

3.3 The remaining balance is due no later than 14 days prior to the wedding date.

3.4 If final payment is not received by the due date, the PROVIDER may suspend or cancel services without refund.

4. Cancellations & Date Changes

4.1 Cancellation by the CLIENT results in forfeiture of the booking fee.

4.2 If cancellation occurs within 30 days of the wedding date, the CLIENT remains liable for 100% of the total package fee.

4.3 Date changes are subject to availability. If the PROVIDER is unavailable, the change is treated as a cancellation.

4.4 Rescheduled weddings must occur within 12 months of the original booking date unless agreed otherwise in writing.

5. Services & Client Responsibilities

5.1 The PROVIDER will attend the locations and times confirmed in writing.

5.2 The CLIENT must provide a final schedule at least 7 days prior to the wedding.

5.3 The PROVIDER is not responsible for:

• Delays caused by third parties
• Restricted venue access
• Missed moments due to schedule changes
• Interference from guests or other vendors

6. Artistic Discretion

6.1 The CLIENT acknowledges that photography and videography are creative services.

6.2 The final gallery and films are produced in the PROVIDER’s professional style.

6.3 Editing decisions are at the sole artistic discretion of the PROVIDER.

6.4 RAW files and unedited footage are not supplied.

6.5 Additional retouching is available at additional cost.

7. Delivery

Photography

• Edited high-resolution images (minimum 12MP) delivered within 90 days.
• Online gallery active for 12 months.
• CLIENT is responsible for downloading and backing up files.
• PROVIDER is not obligated to archive files beyond 12 months.

Videography

• Wedding films delivered within 120 days.
• Resolution may vary depending on lighting and technical conditions.
• Film duration varies according to package and event structure.

8. Basic Ceremony Video (If Applicable)

Where a Basic Ceremony Video is booked:

• Cameras may operate unattended.
• The PROVIDER is not liable for missed footage caused by obstruction, interference, lighting, or audio issues.
• The CLIENT accepts inherent technical limitations.

9. Drone Use

Drone footage is subject to CASA regulations, airspace restrictions, weather conditions, and venue approval. Drone footage is not guaranteed.

10. Copyright & Licence

10.1 All images and video remain the intellectual property of the PROVIDER.

10.2 The CLIENT receives a non-exclusive personal-use licence.

10.3 Commercial use requires written consent.

10.4 The CLIENT grants the PROVIDER permission to use images and video for portfolio, advertising, website, social media, awards, and editorial purposes unless written opt-out is received before the wedding date.

11. Limitation of Liability

11.1 In the event of equipment failure, data loss, or corruption, liability is limited to a proportional refund of the affected portion of services.

11.2 The PROVIDER is not liable for:

• Indirect or consequential damages
• Emotional distress
• Loss caused by events beyond reasonable control

11.3 If at least one functioning camera successfully captures a key event, the service is considered delivered.

Nothing in this Agreement excludes rights under Australian Consumer Law.

12. Force Majeure

The PROVIDER is not liable for failure to perform due to circumstances beyond reasonable control including illness, injury, natural disaster, government restrictions, venue closure, or severe weather.

Where possible, a replacement operator of similar professional standard will be arranged.

13. Equipment Damage

The CLIENT is responsible for damage caused by themselves or their guests.

Children must be supervised around equipment.

14. Photo Booth (If Applicable)

• Operation guaranteed for 80% of booked time.
• Short maintenance interruptions permitted.
• In case of total operational failure, liability is limited to partial refund of booth hire only.
• CLIENT must provide adequate power, space, and weather protection.

15. Third-Party Contractors

The PROVIDER may engage associate photographers or videographers.

All work remains under PROVIDER direction and quality control.

16. Indemnity

The CLIENT agrees to indemnify the PROVIDER against claims arising from:

• The event
• Guest behaviour
• Venue restrictions
• Use of delivered images

Except where caused by proven gross negligence.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties.

Amendments must be in writing.

18. Governing Law

This Agreement is governed by the laws of the State or Territory in which the wedding takes place and subject to Australian Consumer Law.