SURF HIRE TERMS AND CONDITIONS
Last revised: 19/10/2021
GENERAL TERMS & CONDITIONS
1. Overview
This Agreement is by and between RYAN MARAIS PHOTOGRAPHY (Photographer) and (Client), its heirs, successors and representatives. Photographer is an independent contractor. “Image” refers to the visual, in any form, including as digital information, supplied by Photographer to Client. “Service” refers to the photography, related digital or other post- production services Client is paying Photographer to perform. “Written consent” includes email correspondence if receipt of the email correspondence is confirmed. All paragraph captions in the Agreement are for reference only.
2. Payment
Client and Client’s representatives are jointly and severally responsible for full payment of all fees, charges and advances as set forth in this Agreement for any Image or Service agreed upon.
3. Rights
Photographer is the sole creator and sole copyright owner of the image(s). Except for rights specifically licensed or transferred elsewhere in this Agreement, Photographer reserves all rights in the image(s) without limitation, and including digital or electronic publishing and use rights in any and all media now existing and yet unknown throughout the world.
4. Client’s Usage
Client is obtaining Images for personal use only, and shall not sell said Images or authorize any reproductions thereof by parties other than Photographer. Any sale or commercial use must have written approval by Photographer. Photographer asserts all moral rights attached to the photographs and Client does not have the right to edit, change, add to, take from, alter or otherwise amend the photographs without the prior Written Consent by Photographer except in the case of cropping an image. Client may submit Images to their other vendors for social media use only or to sections of websites, magazines, and blogs, however, a credit to RYAN MARAIS PHOTOGRAPHY as the photographer must be given in the form of either a social media handle or direct website link. Our social media handle is @ryanmarais on Instagram and @ryanmaraisphoto on Facebook. Our website link is www.ryanmarais.com
5. Reschedules & Cancellations
It is understood that Client will be responsible to inform Photographer by email for any date or location changes prior to the original conditions. Multiple rescheduling fees counts as 2 or more booking reschedules. If Client cancels a photoshoot after multiple rescheduling, the fee will be 100% of all accumulative bookings fees.
6. Release
Photographer does not warrant that he or she has secured any underlying or third party rights in the image unless Photographer submits a separate release signed by a third party model, property owner, trademark owner or any other owner of any underlying right. If no such release is submitted, no release exists for any underlying rights in any image nor are any such rights secured.
7. Reshoots
Unless otherwise specifically negotiated, Client shall pay 100 percent of Photographer’s fees, charges and expenses if Client requests that an Image be reshot or a Service redone unless such a request is the result of an Image being lost or rendered unusable prior to delivery, because of a technical error such as defective materials or damage, or equipment or processing malfunction. In the event of such technical error Photographer will reshoot the Image or redo the Service at no additional fee. If the weather conditions are deemed too dangerous for both Client and Photographer up to 48 hours or even during an active photo session, the Photographer will postpone Service at no additional cost to Client, including voiding any fee costs set out in the Rescheduling Fee section under Booking Terms and Conditions.
8. Deliverables
All Images deliverable are in High-Resolution (or known as High-Res) are 300dpi with 2000 Pixels along the longest edge.
9. Archiving
Photographer keeps Client files for up to 18 months after deliverables have been sent to the Client. Photographer is not liable for any claims after this period.
10. Session Terms
Client is responsible for choosing the date and location of a session unless specified by Photographer beforehand in emails. Photographer is not liable for any changes in weather conditions that may impact the session quality, including but not limited to wind, rain, swell, changes in tide or any other factor/s that may arise such as crowds.
11. Force Majeure
Photographer shall not be in default of this agreement if a delay or failure to perform results from an occurrence beyond his or her reasonable control and without his or her fault or gross negligence.
12. Post Photoshoot
Client will pay the remaining amount of the selected or custom package after the photoshoot/s has completed. Once payment has cleared, Photographer will proceed with post-production to finalise the photoshoot deliverables to the Client. If Client decides not to pay for the remaining amount, Photographer will not proceed with post-production work. Client has 2 months to pay for post-production work or else any or all Images taken from the photoshoot by the Photographer can be deleted, resulting in all cease of Service.
13. Modification, Governing Law and Miscellaneous
This Agreement constitutes the entire understanding and agreement between Photographer and Client regarding the image or service commissioned by Client. This agreement supersedes any and all prior written or verbal representations and agreements between Client and Photographer. No waiver or modification may be made to this Agreement unless in writing and signed by both Client and Photographer. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. The formation, interpretation and performance of this agreement shall be governed by the laws of Australia.
BOOKING TERMS & CONDITIONS
1. Booking Deposit and Payment
Client shall make a booking fee as per contract to lock in/retain the booking slot to have the Photographer perform the Services specified in the contract. This booking fee is required to be paid upfront with a minimum of 24 hours prior to any photoshoot/s.
2. Booking Fee
A 75% booking fee for any selected or custom photography package valued up to $175. A 50% booking fee for any selected or custom photography package valued up to $400. A 30% booking fee for any selected or custom photography package valued over $400, but meets the minimum of a $200 booking fee ($667).
3. Rescheduling Fee
Rescheduling within 48 hours = 0% fees, plus a free reschedule. Rescheduling within 12 hours = 50% fees, plus a free reschedule. Multiple rescheduling within 48 hours = 50% fees, plus an additional 50% booking fee to be paid if Client wishes to continue with the photoshoot. Multiple rescheduling within 12 hours = 100% fees, plus an additional 100% booking fee to be paid if Client wishes to continue with the photoshoot.
4. Cancellation Fee
Booking cancellation within 72 hours = full refund. Booking cancellation within 48 hours = 25% of fees. Booking cancellation within 24 hours = 50% of fees. Booking cancellation within 12 hours = 100% of fees.