AGREEMENT Nitika Rae Photography and the Client hereby acknowledge that the following standard Terms and Conditions are incorporated in and make a part of the Agreement between the parties hereto.
ENGAGEMENT AND SERVICES The Agreement is between Nitika Rae Photography and the Client named in the photography contract. The Client wishes to engage Nitika Rae Photography and Nitika Rae Photography accepts the engagement to hereby:
CONTRACT AND PAYMENT ARRANGEMENTS An electronically signed photography contract and $50 non-refundable retainer is required to secure your booking. Final payment is required no later than one week (7 days) prior to the session.
These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. Our terms and conditions apply to all previous, current and future clients.
The Client agrees to pay the Fee to Nitika Rae Photography. All additional costs such as parking or 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.
CANCELLATIONS All dates may be transferred once (1) at no extra cost. Any extra transfer will incur a $50 fee (subject to photographer availability). If a cancellation is made by the client more than 2 weeks (14+ days) prior to the session date, the non-refundable retainer payment will not be returned - it being the agreed loss suffered by the photographer due to cancellation. If the session is cancelled within 1 week (7 days) of the booking, the full amount paid will become non-refundable. In the unlikely event the photographer determines that they are unable to complete the coverage due to unforeseen circumstances, a backup photographer will be provided or a full/partial refund given.
LIMITATIONS FROM VENUE Please note that Nitika Rae Photography is governed by the restrictions imposed by 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 Nitika Rae Photography prior to the session date. Nitika Rae Photography 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 Nitika Rae Photography. Nitika Rae Photography 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 Nitika Rae Photography except in the case of cropping an image. The client may submit images to any vendors for social media use, however, a credit to Nitika Rae Photography as the photographer must be given in the form of either a social media handle or direct website link.
IMAGE STYLE AND EDITING PROCESS The client acknowledges that they are familiar with our style, and that our work is continually evolving, that the photos taken may be different from those taken in the past and that Nitika Rae Photography will use their expertise and judgement to create images consistent with their vision of the day, which may be different from the clients.
IMAGE USE (OPTIONAL) Nitika Rae Photography may use the photographs for advertising or otherwise promoting her work. This is optional and the Client must inform Nitika Rae Photography in writing if they do not wish to have their images used in any advertising or promoting.
IMAGE STORAGE Nitika Rae Photography will keep copies of both your finished jpegs for three (3) years and your RAW files for one (1) year from the date of your session.
DELIVERY All clients will be supplied with high-resolution jpeg files via a Personal Online Gallery. At no stage will RAW files be delivered. Online galleries will be completely uploaded within 2 weeks of the date excluding public holidays. Final delivery of products (Acrylic photo block, print etc.) will be another 2-4 weeks (excluding public holidays) after issuing of images.
ATTENDANCE In the unlikely event your chosen photographer is unable to complete the coverage due to unforeseen circumstances such as serious injury or sickness; we will work together to find a professional photographer to cover your session.
LOSS OR DAMAGE Nitika Rae Photography shall carry out this assignment with due and professional diligence. Elements that are beyond our control include interruption of our service due to guest photographers, faulty material, equipment failure or damage or loss of digital files. In the case of digital file loss, Nitika Rae Photography and the client agree that the liability of Nitika Rae Photography 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.
COVERAGE Every effort will be made to capture as many moments as humanly possible however it is not possible to capture absolutely everything. If you have suggestions or desires for photos to be captured, please write them down for me and I will do my best to get them. Nitika Rae Photography is not responsible for any missing family member(s) during a family photo session.
TRAVEL ALLOWANCE If the photographer is required to travel interstate, half the cost for airline tickets/fuel, accommodation and/or car hire will be added to the fee. If the photographer is required to travel over 50KM from home, the photographer will accept a travel fee of $1 per/km to cover costs (double if adding Second Photographer). When the photographer is expected to travel interstate, accommodation is required. If the photographer is travelling within the state, given the travel time home is before midnight, then accommodation is not expected.
FOOD AND BREAKS (Events only) Photographers will be allowed one 20 minute break at their own discretion and bathroom breaks when necessary. Photographers will be provided a full meal for events lasting longer than 5 hours. If no meal is provided the photographers reserve the right to go off-site for a meal for 45 minutes.