TERMS AND CONDITIONS
LBDESIGNS and the Client hereby acknowledge that the following standard terms and conditions are incorporated into, and form part of, the Contract between the parties here to.
1.Engagement and Services
This Contract is between LBDESIGNS and the named above (“the Client”) . The Client wishes to engage LBDESIGNS and LBDESIGNS accepts the engagement to hereby:
(a) provide the services to the Client; and
(b) produce digital photographs supplied on USB and online gallery (available for twelve (12) months following delivery).
2. Contract and Payment Arrangements
As LBDESIGNS is often booked up to two (2) years in advance, the following is required to secure a Client booking:
An electronically signed Wedding Photography Contract and acceptance of the Terms and Conditions; and
Payment of the non-refundable retainer of $500 AUD
Final payment is required no later than one (1) month prior to the wedding date.
The hours of service provided in each package are continuous.
All additional costs such as permits to photograph in national parks or on beaches that require permits, if any, are the responsibility of, and must be paid for by, the Client.
3. Pre-event Consultation
The parties agree to a pre-event consultation before the wedding date via in person, zoom, or phone - in order to finalise the actual shooting times and locations and specific requests. This will occur on, or at least, three (3) weeks prior to the wedding date.
Should the Client wish to cancel this Contract at any time, a Notice of Cancellation must be given in writing to LBDESIGNS as soon as possible. Under any circumstances after booking, if a cancellation occurs, LBDESIGNS will retain the non-refundable booking fee paid of $500.
If the Contract is terminated within six (6) months of the wedding date, LBDESIGNS will also retain all balances paid under this Contract and the Client agrees that no refund will be provided.
Should the Client wish to reschedule the wedding date at any time, a Notice of Postponement must be given in writing to LBDESIGNS and LBDESIGNS must provide written acknowledgement that such notice was received before the notice is effective.
Under any circumstances after booking, if a rescheduling occurs more than six (6) months prior to the wedding date, LBDESIGNS will retain a rescheduling booking fee of $400 (equal to the price of their cheapest portrait package to compensate for the original date being held and work not taken).
If a rescheduling occurs within six (6) months of the wedding date, LBDESIGNS will retain a rescheduling fee of $500.
The rescheduled wedding date must be within twelve (12) months of the original wedding date and is subject to the availability of LBDESIGNS. If a suitable rescheduled wedding date is not available within twelve (12) months of the original wedding date the rescheduling will be considered to be cancellation and will be processed accordingly pursuant to clause 4 above.
The rescheduling fee must be paid at the time of rescheduling.
If the service entailed subcontractors which have been paid in full at the time of rescheduling, such as a second photographer, the rescheduling will be subject to their availability as well as the availability of LBDESIGNS.
Any amounts paid to subcontracted photographers to support the photoshoot and contracted will be an additional charge on top of the rebooking fee a the time of reschedule.
LBDESIGNS will provide a schedule for the time that the Client has booked. The schedule will include all known times for each component of the wedding day. It is the responsibility of the Client to inform LBDESIGNS of any changes or additions made to the schedule no sooner than seven (7) days prior to the wedding date. LBDESIGNS is not responsible for any omissions to the schedule that result in LBDESIGNS not being able to carry out its duties. LBDESIGNS will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.
7. Limitations from venues
Please note that LBDESIGNS is governed by the restrictions imposed by churches and other venues. In some cases, venues restrict the movement of photographers, the use of flash, or in extreme cases, prevent the taking of photographs at all. It is the responsibility of the Client to make the necessary enquiries regarding possible restrictions and inform LBDESIGNS to the wedding date. LBDESIGNSw ill not be held responsible for any lack of photographs delivered due to such restrictions.
8. Coverage + Organisation
Every effort will be made to capture as many moments of the wedding day as practically possible, however it is not possible to capture absolutely everything. If the Client has suggestions or desires for photos to be captured, such as a surprise dance down the aisle or specific family photos, LBDESIGNS requests that the Client provides LBDESIGNS with a family list and LBDESIGNS will do its best to capture them. Because of the ever-changing nature of wedding days, not everything can be covered. LBDESIGNS is not responsible for a missing family member(s) during the family photo session nor promises to deliver certain images/poses, however LBDESIGNS will do their uttermost to satisfy the Client.
Punctuality by both LBDESIGNS and the client is essential and is important that times commence at the scheduled time. Please ensure hair and makeup aware of time frames. A timeframe minimum of 1.5hrs is required for bridal party photos and with any time delays, LBDESIGNS will not be held liable with missed photographs.
The client is responsible for ensuring key people are in attendance for family portraits and LBDESIGNS will not be held liable for portraits missing due to non-arrival of family members. LBDESIGNS requires a photo list for the day to point out important individuals. LBDESIGNS will not be held accountable for not photographing desired people if the client has not assigned an family/friend member to help identify people of gathering individuals for photographs.
If the wedding photography service is equivalent or exceeds six (6) hours, LBDESIGNS requires a twenty (20) minute break and to be provided with a meal. The photographers shall have their meal along with the guests and bridal party to manage time and ensure all important events of the evening are documented.
10. Guest Cooperation
The Client is responsible for the conduct of their guests. LBDESIGNS will not tolerate abusive, inappropriate, threatening, hostile or offensive behaviour from anyone at the service. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. If LBDESIGNS leaves the service in accordance with this clause, LBDESIGNS will not be liable to refund any amount to the Client, but will provide the Client with photographs taken by LBDESIGNS prior to leaving the service.
LBDESIGNS reserves the right to terminate coverage and leave the location of the photoshoot/event if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from anyone at the photoshoot/event, or in the event that the safety of the photographer is in question LBDESIGNS reserves the right to terminate coverage and leave the location of the service in the event that the safety of the photographer is in question. If LBDESIGNS leaves the service in accordance with this clause, they will not be liable to refund any amount to the Client, but may provide the Client with photographs taken LBDESIGNS leading.
12. Photographer Attendance
In the unlikely event LBDESIGNS is unable to complete the coverage due to unforeseen circumstances such as serious injury or illness, LBDESIGNS will notify the client as soon as possible and make every effort to find a replacement professional photographer of equivalent skill, to cover the Client’s wedding day. In the event that serious injury or illness occurs and LBDESIGNS is unable to deliver on the agreed service, a full refund will be paid to the Client within (6) six months from the wedding date and this agreement will be terminated.
13. Image Style & Editing Process
The Client acknowledges that they are familiar with LBDESIGNS style, and the LBDESIGNS work is continually evolving, that it is of a unique and artistic nature, that the photos taken may be different from those taken in the past and that LBDESIGNS will use its expertise and artistic judgement to create images consistent with its vision of the wedding, which may be different from the Client’s. LBDESIGNS prices do not include advanced editing/retouching such as individual removal of scars, tattoos, double chin s. Additional editing may be requested and a fee will be quoted upon request.
Unless printing has occurred at Streets Pro Lab (which is the only Australian based lab LBDESIGNS recommends for images to be printed in the very best quality), LBDESIGNS does not take responsibility for quality or colour issues. Printing labs and poor download/upload processes can heavily alter the quality of the image of which LBDESIGNS takes no responsibility for.
14. Image use
LBDESIGNS may use the photographs for advertising or otherwise promoting their work. This is optional and the Client must inform LBDESIGNS in writing prior to the wedding date if they do not wish to have their images used in any advertising or promoting.
15. Image Storage and Client Responsibility
LBDESIGNS will provide a USB and online copy of the images. The Client’s online gallery will be live for twelve (12) months. It is encouraged to download these photographs into multiple places and take the uttermost care of the USB. After this time, if the Client loses their images and LBDESIGNS still has the images in storage, a re-upload fee of $110 will be charged if the Client requests LBDESIGNS to re-upload the images. The Client should be aware that after LBDESIGNS provides the product in full, there is no obligation for LBDESIGNS to keep the images stored.
16. Albums + Prints
If an album is included in the wedding package, the Client has four (4) weeks to review their album design once it is completed and ready for preview. The client may make a limit of up to three (3) design changes to the layout and design of the album prior to a design fee being applied. The client has four (4) weeks to confirm their chosen images for printing including wood prints and archival prints. The usb will be delivered with all printed product and delivery is dependant on clients selection time.
17. Image Processing
A sneak peek after the wedding will be provided within one week of the wedding. Image processing of high resolution images will take a maximum of 6 (six) weeks and at no stage will RAW files be delivered. Album creation and artwork / photos printing is subject to the timing of clients proofing approval.
Copyright in the photographs is retained by the client for private, domestic and personal use only. Any sale or commercial use must have written approval by LBDESIGNS. LBDESIGNS asserts all rights attached to the photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the photographs without the prior written consent of LBDESIGNS except in the case of cropping an image. The Client may submit images to their other vendors for social media use only or to “real weddings” sections of websites, magazines, and blogs, however, a credit to LBDEISGNS as the photographer must be given in the form of either a social media handle or direct website link. LBDESIGNS social media handle is @lb_designs_01 and website link is www.lbdesigns.com.au
19. Loss or Damage
LBDESIGNS shall carry out the services with due and professional diligence. Elements that are beyond its control include interruption of the services due to guest photographers, faulty material, equipment failure or damage or loss of digital files. In the case of digital file loss prior to the delivery of USB and online gallery, LBDESIGNS and the Client agree that the liability of LBDESIGNS shall be limited to a full or partial refund of any money paid under this Contract as considered appropriate by LBDESIGNS in the circumstances, which shall be in full & final satisfaction of any damage or loss suffered.
20. Performance + Weather
The performance of this Contract is contingent upon acts of God, weather, flood, fire, warfare, government laws or regulations, electrical failure, equipment failure, strikes by suppliers, and/or any conditions beyond its control.
In the event that weather conditions are unsuitable on the day of the event, the client shall be responsible for organising a suitable alternative venue or location for ceremony and post ceremony photos. LBDESIGNS will offer technical recommendations only and will not be held liable for images missed due to unsuitable weather conditions. LBDESIGNS will not photograph outside in heavy rain with risk of equipment damage and alternative location will be sourced.
21. COVID-19 + Force Majuere
In the event that the wedding cannot legally proceed on the wedding date due to force majeure - pandemic, flood, or fire, any acts outside the clients control including imposed restriction and bans due to covid 19 and the wedding is postponed, the save the date retainer will be transferrable to a new date if available within twelve (12) months of the original wedding date.
This complimentary rescheduling is not applicable to weddings that legally can go ahead with certain restrictions. If a wedding can legally go ahead on the original wedding date but is rescheduled by the Client, it will be considered by LBDESIGNS to be a standard rescheduling and will be processed accordingly pursuant to clause 5 above.
In the event that Lucinda as a part of LBDESIGNS is prevented from attending the venue due to government ordered lockdown, imposed restrictions or travel bans LBDESIGNS will work together with the Client to find an alternative professional photographer to cover the photography on the Client’s wedding day.
LBDESIGNS will do its very best to support and accommodate the Client whose wedding date has been affected by COVID-19 or other circumstances. However, it must also protect the business and livelihood of its staff. For LBDESIGNS to remain in business it is not in a position to offer refunds. The Client acknowledges and agrees that in all cases the Client will not be entitled to a refund of any monies paid under this Contract, with the exception only of the extent provided for in clauses 12 and 19 above.
Please sign the WEDDING PHOTOGRAPHY CONTRACT
by typing your full name in the form below: