Terms and Conditions.
Definitions
1.1 "The Wandering Creative" refers to Samantha Nowak, trading as The Wandering Creative.
1.2 "The Client" refers to the individual or entity making the booking.
1.3 "Session or Package" refers to the photography package and its associated inclusions selected by the Client.
2. Payment
2.1 A non-refundable booking deposit of $500.00AUD is required to secure any session.
2.2 The final invoice payment is due on the day of the booked session.
2.3 All payments received are considered fully earned and non-refundable upon session completion unless otherwise specified.
2.4 Payments must be made via direct deposit; bank account details will be provided with the invoice.
2.5 Late payments may incur additional fees as specified in the invoice.
2.6 The Wandering Creative reserves the right to withhold all imagery until full payment has been received.
2.7 Payment is required for all weddings, regardless of cancellation, after the wedding day.
2.8 If debt collection becomes necessary for unpaid invoices, the Client is responsible for any incurred costs, including but not limited to fees and commissions payable to debt collectors.
3. Photographic Materials and Copyright
3.1 All photographic materials and images produced are the exclusive property of The Wandering Creative. The Wandering Creative holds the copyright to all images created and may utilize them for samples, contests, exhibitions, advertising, and self-promotion, including but not limited to social media accounts and websites owned by The Wandering Creative.
3.2 The Client is granted a print release for personal use only and shall not sell or authorize any reproduction of the images without prior agreement.
3.3 All images displayed on The Wandering Creative's website or social media accounts are subject to copyright and must not be copied or used without explicit permission from The Wandering Creative and the Client. Any breach of copyright will result in legal action if necessary.
3.4 The Client permits The Wandering Creative to display any imagery on its website, social media accounts, and portfolio for self-promotional purposes unless stated otherwise, with mutual agreement from both parties.
3.5 This clause extends to all social media platforms, including but not limited to Facebook and Instagram, as well as any prints or future prints of the imagery. The Client agrees not to alter any photographs delivered by The Wandering Creative, accepting full responsibility for any family member or friend who posts the photographs online. Alterations include cropping (except for forced cropping on social media platforms), color changes, or any other editing.
4. Liability
4.1 The Wandering Creative exercises the utmost care concerning the exposure, transportation, and processing of photographs. However, in the unlikely event that the Client's photographs are lost, stolen, or destroyed due to circumstances within or beyond control, The Wandering Creative assumes no liability.
4.2 Each photograph is edited according to The Wandering Creative's personal style, expertise, and artistic vision. By signing this agreement, the Client acknowledges that they have no control over the artistic direction of the images.
4.3 The Wandering Creative is not obligated to perform retouching services for any areas the Client wishes to be concealed, including but not limited to skin, hair, or makeup retouches. Any additional edits requested by the Client will incur a fee of $55 per image or $250 per hour for film, subject to the photographer's acceptance.
4.4 The Client is responsible for supervising any children under the age of 18 during the photo session. The Wandering Creative will not be held liable for any accidents involving children or damage to public or private property during the photo or consultation sessions.
4.5 The Wandering Creative assumes no responsibility for any accidents or damages to public or private properties caused by the Client or the Client's family during the photo or consultation sessions.
5. Cancellation Policy
5.1 The Client may cancel this agreement for any reason by providing a minimum of seven (7) days' written notice to The Wandering Creative. Any deposit paid prior to cancellation is non-refundable.
5.2 If the Client cancels within seven days of the session, a cancellation fee of 50% of the total invoice may apply.
5.3 The Wandering Creative reserves the right to cancel this agreement at any time for any reason by providing written notice to the Client. Any deposits paid are non-refundable unless otherwise discussed. Any payments exceeding the deposit amount will be refunded.
5.4 Neither party shall be liable for any failure to perform its obligations under this agreement if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or governmental actions.
6. Liability Insurance
6.1 The Wandering Creative maintains liability insurance to cover any accidents or damages that may occur during photo sessions. The Client is encouraged to secure their own insurance for personal property or liability.
7. Client Responsibilities
7.1 The Client agrees to cooperate fully with The Wandering Creative during the session and will provide a safe environment for the photoshoot. The Client is responsible for any persons they invite to the session, including ensuring their behavior is appropriate and does not interfere with the session.
9. Dispute Resolution
9.1 In the event of any dispute arising from this agreement, the parties agree to attempt to resolve the dispute amicably through negotiation. If resolution cannot be achieved, the parties may proceed to mediation before seeking legal recourse.The terms and conditions apply to all dealings between The Client and The Wandering Creative. By engaging in business with The Wandering Creative you as a Client are forming a legally binding contract for services and you agree to the following terms and conditions including payments.