BOOKING FEE PAYMENTS
A non-refundable booking fee as well as full acceptance of the terms and conditions as published on the photographers website secures the time and services of the Photographer/s for the photography session and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer/s due to cancellation. Payment in full of the remaining balance will be due 1 week before the day of the photo shoot.
Weather permitting, the photographs will be taken as agreed. In the event of rain or snow or any form of weather disturbances, the photographer will make the necessary changes in the photographic session and will not be responsible for any disappointment caused by the weather.
Payment of the balance of the photography session fee is to be made not later than 1 week prior to the photo shoot.
The Client may cancel this contract at any time by giving written notice to The Photographer/s but in doing so shall forfeit any monies paid.
All image sizes are nominal. The Photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or digitally the exact colour as seen by the human eye. The client will not receive the RAW files.
All images will be retouched for exposure, brightness, contrast, sharpness, and including digital manipulation and artist finishing. The Photographers judgement regarding these corrections and the number of images put forward to the Client shall be deemed correct.
All prints and reorders shall be treated as an extension of this contract and no responsibility for error will be accepted unless orders are given in writing.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
FORCE MAJEURE OR ACTS OF GOD
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
In the unlikely event of the assigned Photographer/s being unable to attend the photo session due to unforeseen circumstances, alternative arrangements will be made for another suitable date with no additional costs to the client.
LIMITATION OF LIABILITY
In the unlikely event of severe medical, natural or other emergencies it could be necessary to cancel the shoot. Dermot McElduff Photography will make every effort to secure an alternative date If the situation should occur and a suitable date is not found, responsibility and liability is limited to the return of all payments received for the photo shoot. Dermot McElduff Photography takes the utmost care with respect to exposure, transportation and processing the photographs, however, in the unlikely event those photographs are stolen, lost or destroyed for reasons within or beyond the control of Dermot McElduff Photography, it will result in the return of all payments received for the event.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer/s cannot be held responsible for any personal accidents during a photographic shoot.
The Clients acknowledge that they are responsible for ensuring appropriate behaviour by those in attendance at the photoshoot. In the event that the Photographer identifies any inappropriate, threatening, hostile, or otherwise offensive behaviour directed at them, their assistants, or their equipment, Photographer reserves the right to end the photoshoot, retain all fees paid by the Client, and hold no further responsibilities to the Clients. Photographer agrees to notify the Clients of any of the above listed behaviours, and give them an opportunity to correct such from the venue prior to ending event coverage.
To be able to grow my business, I need to have a strong online presence and deliver new content on a regular basis. But you are entitled to privacy and to understand what happens to your images once they have been taken and delivered. In line with the new GDPR policy, I now offer an opt in/ opt out service. I do reserve the right to post details images (flowers, locations and scenic shots) without using any names, people or faces as a marketing tool even if you have requested privacy.
Additional Terms and Conditions for services in use by Dermot McElduff Photography
Terms and conditions for the client portal clients.duffphotography.com.au adhere to the terms and conditions as outlined on the hosting platform, ShootProof. Full details can be read at this link https://www.shootproof.com/legal/terms-of-use
The website is hosted square space and as such it adheres to the applicable terms and conditions listed on this link, https://www.squarespace.com/terms-of-service/