Popcorn Photography Terms & Conditions Published 2007 - 2017
1) This document comprises an agreement between yourselves and Popcorn Photography Australia Pty Ltd (ABN 55 150 985 265) upon payment of your non refundableBooking retainer and acceptance by us. Your acceptance of these terms and conditions occurs upon your signing of the Agreement. Please retain a copy for your records.
2) These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at: www.popcornphotography.com.au on the bottom of the website.
3) Package & Product Prices are subject to change. All prices include GST or relevant VAT.
4) This agreement is governed by the laws of New South Wales, Australia.
5) By accepting these terms and conditions, you acknowledge that you are at least eighteen years of age, or the legal age to form a binding contract within your legal jurisdiction.
6) We will not be responsible for any failure or delay in providing services to you due to any events beyond our reasonable control including but not limited to acts of god or elements of nature (including fire, flood, earthquake, storm, hurricane or other casualty), war, civil commotion, labour disputes, strikes, government regulation or restriction.
7) All care and diligence will be exercised in the performance of the assignment/s and that liability is limited to monies paid only should mechanical failure, theft, accident, or any other mishap occur which prevents the fulfillment of this agreement.
8) In the unlikely event that the assigned Photographer is unable to attend your wedding due to unforeseen circumstances, we reserve the right to appoint another professional photographer to attend your wedding on our behalf to undertake the wedding photography to his / her best ability.
9) It is your responsibility to arrange bookings and payments (if necessary) for locations, this is important especially in case of rain (e.g. hotel foyers, private premises etc.).
10) Your order of any package of photography services here-under includes the purchase of the final edited photographic images in connection with the photography services provided to you for your wedding in the form of High & Low Resolution JPEG files which will be made available to you approximately 8-12 weeks after the wedding date. You will receive a selection of the images at our discretion (Colour, B&W, etc.). This selection will reflect the best of artistic and technical merit as well as telling the story of your day. An additional fee of $20 per image will be incurred to changes requested (ie. B&W to Colour). RAW images are never released.
11) You acknowledge that you are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past and that the studio will use their expertise and artistic judgement to create images consistent with their vision of the wedding, which may be different from yours.
12) You acknowledge that you have retained us as the sole and exclusive professional stills photographer for your event and that we retain the right to discontinue services, without refund or compensation, should other vendor’s or guests actions or activities interfere or impede our ability to perform such services.
13) Photographers must be respected at all times and with all communication, including but not limited to, email and telephone communication, in person, prior to your shoot, during your shoot or after and we will not tolerate poor behaviour such as aggression, abuse or rudeness in any form. Every effort will be made by Popcorn Photography to resolve any conflicts, however should you refuse to partake in a mutually beneficial resolution, we may refuse to complete your photography assignment including producing and delivering any and all package products, should we deem it necessary without refund or compensation.
14) Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said person’s own risk. The photographer cannot be held responsible for any personal accidents incurred.
15) We are often booked up to two years in advance; therefore we require a non-refundable booking retainer paid for all packages to complete the booking. Final payment is required no later than one month prior to wedding.
16) Cancellation Policy: All dates may be transferred, but no refunds will be given for any photography assignments, packages and products booked. A $2,000 cancellation fee will be charged due to loss of income. If work has already been completed on package products including, but not limited to, edited files, prints, albums, canvas' and folio boxes, this will also be invoiced at our hourly rate of $550 per hour spent. If this fee is not paid with (7) days of cancellation, legal action will be stringently enforced and pursued against you for breach of this legally binding contract.
17) For Weddings, every endeavour will be made to conduct your bonus engagement photo shoot prior to your wedding. It is not transferable or redeemable unless selected as a paid item. These shoots are available anytime (mutually agreeable schedules permitting) during the week (Mon-Fri) and occasionally on weekends. You acknowledge that unless purchased, there are no files or products given to you from the shoot.
18) All final jpg images are securely backed up and retained by us for a maximum of two years. After this date all package inclusions will become null and void.
19) It is noted that your starter album of 10 spreads ifincluded in your package will not complete your entire wedding day story. Average album sizes to tell a full wedding story are 30 spreads. You are entitled to to 2 rounds of changes to the initial design. Each change thereafter will be charged at $150. A full redesign will incur a fee of $375.
20) A surcharge of $500 will be charged for all album and product orders not received within six months of your final wedding images being released to you. Upon final approval and payment, products may take up to 12 weeks for delivery.
21) We cannot be held responsible for any damages, extended delivery time or loss to products sent via postal services. We will pursue the courier service and lodge a formal investigation if your package has not arrived within the online tracking time frame. We will ensure all avenues and effort is made to the best of our ability to find and deliver your products, however no refund or compensation will be made. It is our sole discretion whether to provide a replacement product.
22) All images are provided to you with a ‘personal use, royalty free, perpetual licence’. You are free to print your photos and make copies of your images. You may also submit them to the ‘Real Weddings’ sections of online or print publications. We only require that you acknowledge Popcorn Photography as the artist and request a credit and website link when using images in notices and media (ie. Magazines, Newspapers, Blogs, Websites, etc).
23) It is a breach of Copyright to give any and all images to others. Including but not limited to vendors, employee and contract photographers who photographed your wedding, suppliers, designers, stylists, venues, artists etc. You must refer everyone, bar yourselves back to us for express permission to usewatermarked images. Penalties of up to $500 per image will be incurred by you for this breach. Penalties of up to $1,000 per image will be incurred by the party using the images.
24) Popcorn Photography Australia Pty Ltd. owns full Cpyright to any and all images taken. Permission is granted by you to use the images as we see fit for all Media, Marketing and Promotion. Including but not limited to Film, Television, Online and Print.
25) Photographer’s Requirements for Wedding (all packages) – Meals plus 6 bottles of Water (collected from Grooms Preparation Address).