TERMS AND CONDITIONS
This agreement is an agreement between you (the client) and Sarah Ellen Barnes trading as Sarah
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 25% deposit in full (or $300 if package is not determined) 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 $1.72/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.
Basic retouching is provided in all standard photography packages, where you request Sarah Ellen to provide additional image customisation beyond that considered by Sarah Ellen (in Sarah Ellen’s absolute discretion) as basic, Sarah Ellen may provide that additional customisation services at a rate of $100 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. Once client has selected images for retouching, these images will be retouched within 2 weeks of selection.
An express edit fee of 20% of total booking fee may be applicable if a client requests a gallery sooner than this timeframe. Express editing galleries are expected to be delivered within 3 business days of session date, and retouched images provided within 4 business days of selection.
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.
Return postage is required to be paid for by the client and it is recommended that a return postage slip is sent in the original package. If this is not present, an invoice will be issued to client for return of product.
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, 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.
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.
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. 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
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.