Popcorn Photography Terms & Conditions Published 2007 - 2019
1) This document comprises an agreement between yourselves and Popcorn Photography Australia Pty Ltd (ABN 55 150 985 265) upon payment of your non refundable booking 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
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) You acknowledge that we are a small team of accredited professional photographers and we will appoint our team members based on availability. All team members are highly experienced and have been trained by Mere (Meredith). Each have the same professional, technical and creative skills, plus the highest standards of ethics and morals as each other.
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 may take around 3 months after the wedding date (During peak Wedding Season and over the Christmas period, they make take slightly longer). RAW/DNG files are never released under any circumstances.
You will receive the minimum number of images based on your package. The images will be edited in a range of colour and black & white unless you have chosen the option to have 1 complete set of each. 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). Products included with your package will be ordered once your final images are released to you and you return your order form and pay any relevant invoice.
11) Once all forms have been sent through to acquire your date, your chosen Collection cannot be altered to a lesser value, only a greater value.
12) 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.
13) You acknowledge that you have retained us as the sole and exclusive professional 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.
14) 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.
15) 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 or incidents incurred.
16) 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 split with ½ balance being due 3 months prior to your event and final ½ required no later than one month prior to wedding.
17) 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 all fee's are not paid with (7) days of cancellation, legal action will be stringently pursued against you for breach of this legally binding contract.
18) For relevant 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 an additional paid item. These shoots are available May - July, during the week (Mon-Fri) and occasionally on weekends. You acknowledge that unless purchased, there are no files or products included from the shoot (unless you have selected the Luxe Collection, Classic Collection or pre-purchased images/product).
19) All final jpg images are retained by us for a maximum of two years. After this date all package inclusions will become null and void. Raw images are not retained by the studio, only final edited jpgs.
20) It is noted that your starter album of 10 spreads if included in your package will not complete your entire wedding day story. A complete album of 40 spreads will always be designed to show your complete wedding day story. Average album sizes are 25-40 spreads. You are entitled to 2 rounds of changes to the initial design. Each round thereafter will be charged at $150. A full redesign will incur a fee of $600.00. Album designs can take up to 8 weeks for the initial design year-round.
21) 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 around 12 weeks for delivery.
22) 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.
23) 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 Australia as the photographer and request a credit and website link when using images in notices and media (ie. Magazines, Newspapers, Blogs, Websites, etc).
24) It is a breach of Copyright to give any and all images to others; Including but not limited to vendors, employees 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 use watermarked images. Penalties of up to $500 per image will be charged to you for this breach. Penalties of up to $1,000 per image will also be incurred by the party using the images.
25) Popcorn Photography Australia Pty Ltd. owns and retains full Copyright of 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.
26) Photographer’s Requirements for Wedding (all packages) – All Meals (Entree and Main) plus 6 bottles of Water (collected during Prep). Meals must be provided at the same time as the Bridal Party so as not to interfere with us photographing speeches/events that happen.