Terms of Service
TERMS OF SERVICE
These legal terms of service contains the entire understanding between Hallmark Photography (owned by Codesglobal Pty. Ltd. ABN: 54604993080) and the client(s). 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.
RESERVATION: A signed agreement and booking fee are required to reserve the dates and times for the event(s). HALLMARK PHOTOGRAPHY will reserve the time and date agreed upon, for this reason, the booking fee is non‐refundable, even if the date is changed or the event(s) are cancelled for any reason; including acts of God, fire, strike, and/or extreme weather. The client(s) understands and agrees that the entire amount owed for the package described in the contract is due on or before the day of the event(s). HALLMARK PHOTOGRAPHY reserves the right to refuse to offer services or deliver products due to non-payment.
EVENT SCHEDULE: The client(s) agrees to confirm the schedule up to two-week 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 HALLMARK PHOTOGRAPHY by the client(s).
SAFETY: The client(s), their immediate family members or the organizers, shall make sure that their guests treat the professionals from HALLMARK PHOTOGRAPHY with utmost respect and dignity. Use of any foul language or any kind of harassment whether oral or physical shall entitle HALLMARK PHOTOGRAPHY to forthwith terminate the contract without being liable to give any notice or refund. This shall be in addition to any civil/criminal relief available to HALLMARK PHOTOGRAPHY.
SHOOTING TIME / ADDITIONS: The client(s) and HALLMARK PHOTOGRAPHY 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. All additional time beyond the scheduled end time will be billed to the client(s).
TRAVEL & ACCOMMODATION EXPENSES: All travel expenses are based on the distance between the event(s) location(s) and HALLMARK PHOTOGRAPHY registered address. For all event(s), the first 30 kilometers of travel are included. All travel in excess of 30 kilometers is charged at $2 per km per professional. For overseas or interstate bookings, the client(s) is responsible for travel, accommodation, meal, and transport costs of all professionals unless provided by the client(s).
FOOD & REFRESHMENTS: Providing meals is not an obligation but for event(s) greater than 4 hrs. of duration, the client(s) is requested to provide meals/snacks/refreshments for professionals from HALLMARK PHOTOGRAPHY. Should the client(s) opt not to provide meals, HALLMARK PHOTOGRAPHY and their professionals reserve the right to take a lunch/dinner break, leave the venue to get food, and return. HALLMARK PHOTOGRAPHY would seek client(s) permission before taking a break and should not be held responsible for any coverage missed during that time. Client(s) shall advise HALLMARK PHOTOGRAPHY (prior to the wedding day) if meals shall NOT be provided.
RESPONSIBILITIES: HALLMARK PHOTOGRAPHY would try its best to cover all events but should not be held responsible for compromised coverage due to causes beyond the control of HALLMARK PHOTOGRAPHY including but not limited to weather conditions, schedule complications, incorrect addresses provided, rendering of decorations, restrictions of the locations, obtrusive guests, lateness of the client(s) or guests. HALLMARK PHOTOGRAPHY does not guarantee everyone at the event will be photographed or included in the final Images/video or every part of the event be covered, our main focus is the bride and groom and the events surrounding them. If it is important for the client(s) to have coverage of any wedding guests or simultaneous events occurring at the same time, it is recommended that client(s) book through HALLMARK PHOTOGRAPHY an additional photographer and videographer.
VENUE AND LOCATION LIMITATIONS: HALLMARK PHOTOGRAPHY is limited by the rules and guidelines of the location(s) and site management. The client(s) agrees to accept the technical results of their imposition on HALLMARK PHOTOGRAPHY. Negotiation with the officials for moderation of guidelines is the client(s)’s responsibility; HALLMARK PHOTOGRAPHY will offer technical recommendations only and cannot be held responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo or video coverage.
PERMITS & COOPERATION: The client(s) is responsible for acquiring all permits and necessary permission for all locations on which HALLMARK PHOTOGRAPHY will be performing services. The client(s) and HALLMARK PHOTOGRAPHY consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. HALLMARK PHOTOGRAPHY needs to be provided with a helper (usually a family member) who will point out key individuals to be photographed. HALLMARK PHOTOGRAPHY will also require the assistance of the helper in organizing family groups. The client(s) also agrees to give HALLMARK PHOTOGRAPHY sufficient warning of key events at the event(s) to give HALLMARK PHOTOGRAPHY time to prepare e.g. bouquet throwing, cake cutting, speeches or any surprise dance performances, etc.
COPYRIGHTS: The photographs or videos produced by HALLMARK PHOTOGRAPHY are protected by Australian Copyright Laws (all rights reserved) and may not be reproduced in any manner without HALLMARK PHOTOGRAPHY explicitly written permission. HALLMARK PHOTOGRAPHY owns copyrights of all photographs or videos captured or produced. HALLMARK PHOTOGRAPHY grants the client(s) permission to share the images or videos on social networking websites, with family and friends, and on vendor websites as long as the images & videos remain unaltered and textual credit is explicitly given to HALLMARK PHOTOGRAPHY. The client(s) must obtain written permission from HALLMARK PHOTOGRAPHY prior to publishing or selling the photographs or videos or for using them for any kind of commercial gain.
RELEASE: The signing of this agreement by the client(s) agree to a commercial media release to HALLMARK PHOTOGRAPHY. HALLMARK PHOTOGRAPHY will have the right to make reproductions included but not limited to HALLMARK PHOTOGRAPHY websites, portfolio samples, self-promotion, self-advertisement, marketing, trade, competitions, awards, educational, exhibition, and any other purpose and in any manner and medium without further release. The client(s) releases all claims to profits that may arise from the use of images or video.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer or videographer from HALLMARK PHOTOGRAPHY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, the act of terrorism, or other cause beyond the control of HALLMARK PHOTOGRAPHY, HALLMARK PHOTOGRAPHY will make effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is only limited to the payments received for the event(s) and shall not be liable for any amount in excess of the payment received.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond HALLMARK PHOTOGRAPHY control, including but not limited to camera, hard drive, or equipment malfunction, HALLMARK PHOTOGRAPHY liability is only limited to the payments received for the event(s) and shall not be liable for any amount in excess of the payment received. The limit of liability for a partial loss of originals shall be a prorated amount of the media lost based on the percentage of a total number of originals. HALLMARK PHOTOGRAPHY is not liable for the loss of images or videos beyond the lesser of the final delivery of all products included in the package. Any unordered products or un-shot engagement sessions will expire 30 days after the event(s) date.
CAPTURE AND DELIVERY: No unauthorized “professional” photographer or videographer is allowed at the event(s). Based on the service chosen, HALLMARK PHOTOGRAPHY shall be the exclusive photography or videography team retained by the client(s) for the purpose of professionally photographing or filming the event(s). Due to the increased use of “instant” cell phone photography and other mobile or video devices, it is requested that family and guests do not interfere in any way, shape, or form (i.e. standing in the line of sight in front, the background or standing anywhere near the photographer) with HALLMARK PHOTOGRAPHY duties. It is highly recommended that the client(s) research “unplugged weddings” at a bare minimum. This may avoid undoing issues later on that will be beyond the control of HALLMARK PHOTOGRAPHY.
The delivery of photographs can take up to 8 weeks, delivery of video can take up to 12 weeks. Images are delivered as JPEG files (max. resolution: 2048 px wide) and videos are delivered as MP4 files (max. resolution: 1080p). We do not supply RAW image or video files but by RAW we refer to native un-edited JPEG files and video. If required, the client(s) can buy RAW files from us as an add-on. Unless otherwise stated in the package, images & videos are provided on USB or as digital downloads through our client access website. The client(s) would receive instructions to download the images and video. Once the images or video are uploaded to the gallery and the client takes possession of the images or video, HALLMARK PHOTOGRAPHY cannot be held liable for the storage of the images or video.
POST PRODUCTION AND EDITING: It is understood that the client(s) is hiring HALLMARK PHOTOGRAPHY for their technical and artistic expertise and, therefore, HALLMARK PHOTOGRAPHY reserves the right to photograph, edit and deliver images & video at their sole discretion and without interference from the client(s) or any person/s associated with the client(s). If the client(s) is not satisfied with the delivered images or videos and requires re-editing, then re-editing will be done at additional cost depending on the nature of requirements. The determination of images and videos delivered to the client(s) is left to the discretion of HALLMARK PHOTOGRAPHY.
PAYMENT SCHEDULE: The client(s) can request a booking by paying a $250 booking advance within 2 days of receiving this contract agreement. The remaining balance is payable in full during the next 60 days. If the client(s) fails to remit payment as specified, HALLMARK PHOTOGRAPHY reserves the right to refuse to offer services or deliver products due to non-payment. Payment can be made online by credit or debit card or bank transfer to the Account Name: CODESGLOBAL PTY LTD, Account number: 24-379-6234, BSB: 084-004.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit or gift vouchers have no intrinsic cash value and may only be applied toward merchandise or services purchased from HALLMARK PHOTOGRAPHY.
CANCELLATION: In the event that the booking being cancelled or not honored by HALLMARK PHOTOGRAPHY the full deposit is REFUNDABLE by HALLMARK PHOTOGRAPHY. In the event of the client(s) cancelling the event(s) for whatever reason, the booking fee is non-refundable.
INHERENT QUALITIES: The client(s) is aware that color dyes in printed photography may fade or discolor over time due to the inherent qualities of dyes, and client(s) releases HALLMARK PHOTOGRAPHY from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. client(s) is also aware that HALLMARK PHOTOGRAPHY is not responsible for the quality of reprints made by the client(s).
RESHOOTS: The client(s) will be charged 100% fee and expenses for any required reshoot requested by the client(s), and be subject to all the terms and conditions of the contract (available on request).
DISPUTES: Any disputes between HALLMARK PHOTOGRAPHY and the client(s) must be submitted in writing to HALLMARK PHOTOGRAPHY within 48 hours of receipt of services and/or products or HALLMARK PHOTOGRAPHY will deem client(s) has accepted without reservations the services and/or products received. In case of any disputes or if any payments are outstanding or the client(s) fails to pay after the services have been offered, commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over them or any of their assets or if the client(s) resolve to wind up their business, then HALLMARK PHOTOGRAPHY may (in its absolute discretion):
- Take proceedings against the client(s) to recover any overdue amount.
- Recover from the client(s) all costs in relation to any action taken against the client(s) by HALLMARK PHOTOGRAPHY to recover overdue amounts, including without limitation, debt collection costs and legal costs on a full indemnity basis; and/or
- Exercise any other rights available to HALLMARK PHOTOGRAPHY at law.