TERMS AND CONDITIONS

This agreement is an agreement between you (the client) and Sarah Ellen Jones trading as Sarah
Ellen Photography.


1. Agreement


Sarah Ellen is pleased to confirm the arrangements under which Sarah Ellen shall be
engaged by you to provide the photography services and products.


2. Order & Invoice


You acknowledge receipt of the invoice from Sarah Ellen confirming Your Order (Invoice)
and accept the Invoice as true and correct.


You acknowledge that what is included as part of the photography services is outlined in
Sarah Ellen’s current price list which has been made available to you.


Should you request additional photography services, this will be an additional cost and will
be charged at the rates provided in Sarah Ellen’s current price list.


3. Photography Products and Services
In consideration for you agreeing to pay the fees in accordance with clause 4, Sarah Ellen
will provide the photography services set out in the Invoice.


4. Fees and Expenses
In consideration for Sarah Ellen providing the photography products and services, you
shall pay the Fees as set out on the invoice.


Session Fees are payable in advance of the session and your session will only be secured
once you pay a $100 deposit in full and enter into this Agreement. Session Fees shall be
payable within 7 days of the date of the Invoice or a minimum of 24 hours before your
session, whichever is earlier. Service Fees shall be nonrefundable, subject to the terms of
this Agreement.


Delivery fee’s of products to and from Sarah Ellen are in addition to the session fee and
must be paid before the session commences. If return postage is not paid, Sarah Ellen
reserves the right to keep the products until postage is paid.


Where you and Sarah Ellen agree to host the confirmed session at a location other than
Sarah Ellen’s home studio: i. you shall be responsible booking that alternative venue and
any additional costs relating to that alternative venue shall be to your account; and ii.
where that alternative venue is more than 50km from Byford you shall pay Sarah Ellen’s
reasonable travel expenses in attending the session at a rate of $1.50/km plus any
additional reasonable expenses incurred (such as hotel accommodation where an
overnight stay is required etc);


Where any fees have not been paid by the due date, Sarah Ellen shall charge interest on
the outstanding amount at a rate of 10% per annum, calculated daily.


Where you request Sarah Ellen to provide additional image customisation beyond that
considered by Sarah Ellen (in Sarah Ellen’s absolute discretion) to be reasonably
necessary and appropriate, Sarah Ellen may provide that additional customisation services
at a rate of $50 per hour.


5. Image Delivery
Sarah Ellen will provide you with an online gallery ready to download of images
taken at the photography session making the Gallery available to you up to 3
weeks from your session date.


An express edit fee of $150 may be applicable if a client requests a gallery sooner
than this timeframe.


You acknowledge the Gallery will be made available for a period of 30 days only. It
is your responsibility to download the gallery before the expiry date.


Sarah Ellen does not offer file storage. While Sarah Ellen may keep a client’s
images on file for future retouching/resizing orders, Sarah Ellen takes no
responsibility for loss or damage to these files while in storage. It is therefore
recommended that clients duplicate their files and store them across separate
locations.


6. Product Delivery
You acknowledge that it is your responsibility to ensure your products are delivered
to Sarah Ellen before the session date. A delay in delivery of products may result in
a reschedule of session and a forfeit of deposit.


Sarah Ellen will not be liable damage to any products while delivering to or after the
session. If a product is unable to be photographed due to prior damage, Sarah
Ellen will do her best to accommodate a reschedule however any additional
delivery fee’s must be paid by you.


5. Rescheduling Sessions
You may reschedule any confirmed session time by providing not less than 1 weeks
prior notice.


Where you provide Sarah Ellen with the notice required by clause 6(a), you may
book in an alternative session with Sarah Ellen for any available timeslot within the
following 12 months. Should you not book into an alternative session within four
weeks of rescheduling the original session time, your deposit will be forfeited.
Where a deposit has been forfeited, Sarah Ellen shall be under no obligation to
confirm an alternative session time until you pay a further Service Fee.


6. Provision of Services
Sarah Ellen shall provide the photography services and Finishing Products with due
and professional diligence. You agree you have carried out your own due diligence
and research on Sarah Ellen’s unique creative style, and accept that Sarah Ellen
shall make the final decision on the artistic direction and final customisation of all
images.


Factors outside of Sarah Ellen’s control, including faulty material, equipment failure,
damaged and/or exposed film, loss of or damage to film/photos/negatives/data in
transit between Sarah Ellen and third party service providers, industrial disputes,
civil disturbances or weather conditions, may inhibit or prevent Sarah Ellen
providing photography services. Where either you or Sarah Ellen consider (acting
reasonably) such factors are likely to occur, either party may request the scheduled
session be rescheduled to another time, and that session may be rescheduled
without the deposit being forfeited.


7. Title
The copyright and moral rights associated with all images taken at your
photography session shall be and remain the property of Sarah Ellen.


Sarah Ellen shall retain the exclusive right to make reproductions of any images
taken at your photography session (whether edited or unedited), and shall be
entitled to do so for noncommercial use, including but not limited to portfolio use,
samples, business promotion, entry into photographic contests and editorial use.


For the avoidance of doubt, you expressly authorise Sarah Ellen to publish the
images online (including but not limited to social media channels) and in print for
the purposes set out in clause 8.


Once you have paid all Fees, Sarah Ellen grants to you a license to utilise the
images for business use only. You may only make the images publicly available
(including publication via social media and email) where you have paid all Fees and
disclose and clearly attribute ownership in the images to Sarah Ellen.


8. Indemnity
You shall indemnify and hold harmless Sarah and its directors, officers, employees,
advisers, representatives and agents (Indemnified Party) against any claims,
losses, liabilities, expenses, damages and/or costs (including legal costs on a full
indemnity basis, and whether incurred by or awarded against the Indemnified Party)
(Losses) that any Indemnified Party may sustain or incur in relation to (whether
directly or indirectly) this Agreement, including a breach by you of this Agreement;
and/or 2. the performance by Sarah Ellen or the Indemnified Party of the services
contemplated by this agreement.


For the avoidance of doubt, you expressly acknowledge you shall be responsible
for indemnifying and fully reimbursing Sarah Ellen for any Losses associated with
recovering from you any unpaid and overdue Fees (and associated interest on
such amounts).


In no event will Sarah Ellen be required to contribute to any Loss in an aggregate
amount that exceeds the fees paid to Sarah Ellen under this Agreement.
M. You waive, release and discharge Sarah Ellen from any and all liability, including
but not limited to, liability arising from the negligence of Sarah Ellen.


9. Health and Safety
You acknowledge that you shall participate in any photography session with Sarah
Ellen at your own risk, and shall be responsible for your own safety and wellbeing.
You expressly release and hold Sarah Ellen harmless for any injuries or harm you
may suffer at any photography session with Sarah Ellen.


In the event that any Sarah Ellen staff are unwell, Sarah Ellens’s policy is to cancel
scheduled sessions out of an abundance of caution. Sarah Ellen shall work in good
faith to reschedule any rescheduled session to a time convenient to you and in any
event to not less than two weeks of the original scheduled session, unless
otherwise agreed.


You undertake to ensure that all intended participants at the scheduled session are
physically fit and will not attend the scheduled session should they become aware
of any symptoms (whether such symptoms are understood to be contagious or not)
of any illness prior to the scheduled session.


10. Dreamers Club Subscription
By entering into a Dreamers Club subscription, you acknowledge you have read
and understood all terms and conditions set out by Sarah Ellen.


You acknowledge that you will meet the minimum commitment terms as specified
per subscription plan. If you wish to exit these commitment terms early, you will be
required to pay out the remaining term in full.


In order to cancel your subscription, you will provide 14 days written notice to Sarah
Ellen.


You acknowledge it is your responsibility to ensure your payment and contact
details remain up to date at all times.


Once a payment has been processed, you agree to book one session as per the
terms of your subscription plan. If you do not utilise this session before the next
payment, the payment will not be held as a credit, it will be forfeited.

CONTENT CREATION FOR THE DREAMERS

Sarah Ellen is a photographer and content creator from Perth, WA.  Take the hassle out of creating beautiful imagery and elevate your brand to the next level with professionally styled and shot content. 

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