THIS AGREEMENT is between the wedding client and Jennifer Oliphant Photographer

As part of the Services, the Photographer will produce or take images. “Images” means still photographic material/photos created by the Photographer. Images can be supplied as but not limited to digital files, jpegs, prints, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital, online gallery or any other medium.

1.Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services in coverage of the Wedding, unless otherwise agreed to by the parties in writing.

2.Client Responsibilities

Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees of the Wedding.

Meals. When the number of hours that Photographer will be providing the Services is expected to be in excess of six hours in duration, Client will provide a meal for Photographer and Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services), or be responsible for reasonable meal expenses incurred for which Photographer shall provide an invoice.

Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

Digital Negatives. The client/s high-resolution images are their digital negatives. Client’s are to download and backup their high-resolution images within 7 days. The photographer cannot guarantee another copy. Client/s shall make multiple copies and store them in different locations. The client/s shall protect their digital negatives.

Albums. If the client/s fails to provide the photographer with their wedding album selection or fails to approve their album design within 12mths of their wedding date the client will be charged current album pricing and a design fee.

Photographer’s Standard Price List. The charges in this agreement are based on the photographer’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

Inherent Qualities. Client is aware that colour dyes in photography may fade or dissolve over time due to the inherent qualities of dyes, and client releases photographer from any liability for any claims whatsoever based upon fading or discolouration due to such inherent qualities. The client also is aware that hard-drives damage over time, and client releases photographer from any liability for any claims whatsoever based upon unforeseen damages.

3.Photographer Responsibilities

Equipment. Client will not be required to supply any photography equipment to Photographer.

Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.

4.Artistic Release

Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

Style. Client acknowledges and agrees that:

Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style

Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and

Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Photographic Schedule. The photographic schedule supplied by the photographer is a guide only and may change on the wedding day due to events out of the photographer's control. The photographer will endeavour to photograph the wedding day as the event unfolds.

5.Term and Termination

Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).

Cancellation. Client may terminate the Agreement (“Cancellation”) and/or reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than three months before the original date of the Wedding (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 6 is duly provided or unless the parties otherwise agree in writing.

Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Wedding.

No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.

Replacement. If the photographer cannot perform this agreement due to casualty, sickness, act of God or other cause beyond control the photographer will return all monies paid to the photographer by the client in relation to this booking but shall have no further liability with respect to the agreement.

This limitation on liability shall also apply in the event that the photographic materials are damaged, lost through camera malfunction or otherwise lost or damaged without fault on the part of the photographer. In the event the photographer fails to perform for any reason, the photographer shall not be liable for any amount in excess of the retail value of the clients order. The photographer may substitute another competent professional photographer to take the photographs in the event of illness or of scheduling conflicts.

6.Ownership of Work Product by Photographer

Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees at the Wedding) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Wedding Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Wedding Materials as provided herein.

7.Limited License to Client

Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

8.Indemnity and Limitation of Liability

Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

Act of God. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, pandemic, earthquake, or any other conditions beyond the reasonable control. If such Act of God persists for more than 60 days, the party not affected may terminate the Agreement and any prepaid fees for Services not performed (other than the Deposit) shall be returned within 15 days of the date of termination of the Agreement.

 Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees at the Wedding that are beyond the control of Photographer (e.g., camera flashes).

Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

9.General

 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Photographer’s Email: 

Client’s Email: 

Governing Law. This agreement incorporates the entire understanding of the parties. The laws of the state of Queensland shall govern this agreement.