Bec Gordon Photography Terms & Conditions:
1. Scope of Work:
BEC GORDON PHOTOGRAPHY and The CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location which will be confirmed 7 days prior to the photoshoot. Refer to the invoice for details regarding products, inclusions, and fees.
2. Deposit and payment:
Upon your signature, BEC GORDON PHOTOGRAPHY will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT shall make a non-refundable deposit of $150 ($200 for Cake Smash sessions) to BEC GORDON PHOTOGRAPHY to perform the services specified in the invoice.
Upon deposit payment being received, BEC GORDON PHOTOGRAPHY will reserve the time and date agreed upon by both parties exclusively for The CLIENT. The full amount + any agreed upon additional travel fees must be paid at least 7 days prior to the date of PHOTOSHOOT. No services will be made until full payment is made. In the event that full payment is dishonoured after deposit payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.
BEC GORDON PHOTOGRAPHY accepts Cash, Bank Transfer & Credit Card payments. All prices include 10% GST.
3. Work Product:
3.1 - All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 6 weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. When the online gallery is delivered, it shall remain open for 7 days from delivery date. Be advised that RAW files may be destroyed at any time after the online gallery has closed. The CLIENT may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of BEC GORDON PHOTOGRAPHY.
3.2 - Printed Products (prints, canvas', framed prints, boutique albums, etc.) will be processed on the Thursday following a full print payment being received. No prints will be ordered until full payment is received. The timeframe for orders being completed may take up to 4 weeks from the date of BEC GORDON PHOTOGRAPHY placing the order. Urgent orders can be requested, however a 10% surcharge applies.
4. Rescheduling/Late Arrivals:
4.1 - In the event that The CLIENT requests to reschedule its session on account of illness, emergency, act of God or any cause outside its control, the deposit will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency).
4.2 - Requests to reschedule by The CLIENT for any reason other than a reason under clause 4.1 is at the discretion of BEC GORDON PHOTOGRAPHY.
4.3 - An additional $50 rescheduling fee must be paid by The CLIENT on making a rescheduling request and BEC GORDON PHOTOGRAPHY will be entitled to retain all amounts paid under this contract until the rescheduled PHOTOSHOOT.
4.4 - If The CLIENT requests to reschedule its PHOTOSHOOT with less than 7 days notice, an additional $150 fee (deposit amount) must be paid by The CLIENT and BEC GORDON PHOTOGRAPHY will be entitled to retain all amounts paid under this contract until the rescheduled PHOTOSHOOT.
4.4 - The rescheduled PHOTOSHOOT must be within 4 weeks of the original session date and is subject to the availability of BEC GORDON PHOTOGRAPHY.
4.5 - If The CLIENT is late arriving to its PHOTOSHOOT, The CLIENT will have the remaining amount of time allotted for the session. Sessions can not be extended.
4.6 - If The CLIENT is 20 minutes late OR more to its PHOTOSHOOT, the session will be forfeited and will need to be rescheduled. A $150 rescheduling fee (deposit amount) will be required for the new session.
5. Cancellation:
If The CLIENT cancels their agreement, giving less than 24 hours notice prior to the date of the PHOTOSHOOT or fails to show on time, all payments made to BEC GORDON PHOTOGRAPHY will be forfeited and released to BEC GORDON PHOTOGRAPHY unconditionally.
6. Indemnification:
6.1 - BEC GORDON PHOTOGRAPHY and The CLIENT agree that BEC GORDON PHOTOGRAPHY is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT.
BEC GORDON PHOTOGRAPHY is not responsible for compromised coverage due to causes beyond the control of BEC GORDON PHOTOGRAPHY including but not limited to lateness of The CLIENT, weather conditions, restrictions of the locations, baby/children’s behaviour.
6.2 - Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, BEC GORDON PHOTOGRAPHY is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.
6.3 - If one of the BEC GORDON PHOTOGRAPHY team is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control: BEC GORDON PHOTOGRAPHY will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract.
6.4 - BEC GORDON PHOTOGRAPHY reserves the right to substitute with another photographer from the team in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of BEC GORDON PHOTOGRAPHY and does not constitute a breach of this agreement. BEC GORDON PHOTOGRAPHY warrants the substitute photographer to be of comparable quality and professionalism.
6.5 - If BEC GORDON PHOTOGRAPHY is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of BEC GORDON PHOTOGRAPHY, BEC GORDON PHOTOGRAPHY will not be liable for any consequential loss arising from the non-delivery, and the liability of BEC GORDON PHOTOGRAPHY to The CLIENT should be limited to the repayment of amounts paid to BEC GORDON PHOTOGRAPHY under this Agreement.
6.6 - The CLIENT understands and agrees that BEC GORDON PHOTOGRAPHY is not required to maintain copies of the photos from the PHOTOSHOOT 14 days after the online gallery has been delivered to The CLIENT. The CLIENT will have 14 days after gallery delivery to make BEC GORDON PHOTOGRAPHY aware of any issue, discrepancy, technical problem regarding photos, the quality and contents, or anything relating to session coverage. After this 14-day term has expired, BEC GORDON PHOTOGRAPHY will no longer be liable to The CLIENT for any corrections, damages or re-edits. Re-edits after this term may be made by BEC GORDON PHOTOGRAPHY if requested by The CLIENT, but the hourly fee of $60 per hour plus GST for retouching will be billed with a minimum of one hour required.
6.7 – The CLIENT agrees to indemnify and hold BEC GORDON PHOTOGRAPHY harmless for any and all personal injury which may occur during the course of the photography session and immediately surrounding the PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of BEC GORDON PHOTOGRAPHY).
6.8 – The CLIENT agrees to indemnify BEC GORDON PHOTOGRAPHY and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement.
6.9 – BEC GORDON PHOTOGRAPHY retains the right of discretion in selecting the photographic materials released to the client.
6.10 - The final post production and editing styles, effects, and overall look of the images are left to the discretion of the BEC GORDON PHOTOGRAPHY.
6.11 - BEC GORDON PHOTOGRAPHY reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from anyone at the PHOTOSHOOT; or in the event that the safety of the photographer is in question. If BEC GORDON PHOTOGRAPHY leaves the PHOTOSHOOT in accordance with this clause, BEC GORDON PHOTOGRAPHY will not be liable to refund any amount to CLIENT, but will be obliged to provide CLIENT with photographs taken by BEC GORDON PHOTOGRAPHY prior to BEC GORDON PHOTOGRAPHY leaving the PHOTOSHOOT.
9. Permissions and permits:
The CLIENT will obtain all permissions necessary for BEC GORDON PHOTOGRAPHY to photograph at the SHOOT. BEC GORDON PHOTOGRAPHY has no duty to obtain permission of buildings, properties, national parks or other locations. The CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent BEC GORDON PHOTOGRAPHY from photographing the PHOTOSHOOT is not the fault, liability, or responsibility of BEC GORDON PHOTOGRAPHY and The CLIENT agrees:
10. Exclusive Photographer:
The CLIENT agrees and understands that no other party other than BEC GORDON PHOTOGRAPHY and the BEC GORDON PHOTOGRAPHY'S assistant may take pictures of any poses, lighting situations, or setups made by BEC GORDON PHOTOGRAPHY. This slows down BEC GORDON PHOTOGRAPHY’S work and violates the BEC GORDON PHOTOGRAPHY’S intellectual property in the composition of pictures of the PHOTOSHOOT. The CLIENT agrees to do all things reasonably requested by BEC GORDON PHOTOGRAPHY to ensure that no person(s) get in the way of the BEC GORDON PHOTOGRAPHY or take pictures in these situations.
11. Copyright and Model Release:
11.1 - BEC GORDON PHOTOGRAPHY shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media channels and/or studio. The CLIENT releases BEC GORDON PHOTOGRAPHY from all claims and liability in relation to the photographs and any use by BEC GORDON PHOTOGRAPHY which is consistent with this agreement.
11.2 - Should the images contain a child or children, The CLIENT as parent or guardian of the child gives permission for the images to be used and published by BEC GORDON PHOTOGRAPHY, including for the purposes of the reproductions under clause 10.1.
11.3 - If BEC GORDON PHOTOGRAPHY desires to make other commercial uses of the images to promote the commercial interests of any business other than BEC GORDON PHOTOGRAPHY’s business, BEC GORDON PHOTOGRAPHY must not do so without first obtaining the written permission of The CLIENT.
11.4 - It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of BEC GORDON PHOTOGRAPHY.
12. Social Media and Personal Use License.
In consideration of the payment of monies due under this agreement, BEC GORDON PHOTOGRAPHY grants The CLIENT a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by BEC GORDON PHOTOGRAPHY as follows:
1. The CLIENT may share high resolution photos delivered by BEC GORDON PHOTOGRAPHY on The CLIENT’s personal and business social media accounts, provided that in each such post The CLIENT must credit/tag BEC GORDON PHOTOGRAPHY.
2. This license does not permit The CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe BEC GORDON PHOTOGRAPHY’S moral rights.
3. The CLIENT may print high resolution photos delivered by BEC GORDON PHOTOGRAPHY or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
13. Pricing & Additional Products:
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 vouchers have no intrinsic cash value and may only be applied toward products or services purchased.