TERMS & CONDITIONS
In the following terms & conditions ‘the photographer’ means Avalon Mohns trading as Avalon Mohns Photography. ‘The Client(s)’ is those person/persons who have booked a shoot with said photographer. These terms & conditions cannot be varied in any way by the clients unless agreed on by both parties in writing.
1. Copyright & Reproduction
The Copyright Act assigns the copyright of the images to the Photographer.
The Photographer shall have exclusive rights to the reproduction and usage of image(s). The Client hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, social media, articles, etc.
A retainer of 20% must be paid in full at the time of booking. This retainer secures the time and services of the Photographer and is non-refundable or transferable in the event of cancellation. Payment of the deposit confirms full acceptance of the terms & conditions as published on the Photographer’s website. The deposit will be deducted from the cost of the Client’s chosen package when calculating the final balance due.
The remainder of the balance is to be paid on the date of the shoot, or before the date. No photographs will be delivered until all payments due have been paid in full. Payment for additional images will be added as they are ordered.
All images will be adjusted for skin blemishes, exposure, brightness, contract, sharpness, etc, including artist finishing as the Photographer sees fit. As the Client(s) you are responsible to express which style of photography you like from the Photographer’s previous works before post-production, and the images will be edited accordingly. Failure to do so will result in editing at the Photographer’s discretion. The Photographer reserves the right to refuse any request that does not align with Avalon Mohns Photography as a brand.
With any session, you are entitled to provide feedback if you are unsatisfied with the final images. Any complaints should be raised in writing within 7 days from the date of deliverance of the image(s). The Photographer will complete two revision stages within 14 days of the initial complaint. Any revisions made after this point are subject to additional fees at an hourly rate.
Retouching and digital manipulation are available to the Client(s) as an option at an extra cost.
All final JPEG images are retained by the Photographer for a maximum of 6 months. After this date all package inclusions will become null and void. It is the Client’s responsibility to make sure the photos are downloaded and stored safely.
In no packages are RAW images included unless otherwise stated in a written agreement between the Photographer and Client(s).
5. Client Usage
The Client(s) is obtaining photos for non-commercial use only, and shall not sell photos or authorize any reproductions thereof by parties other than the Photographer. If the Client(s) is obtaining image(s) for reproduction or publication, Photographer authorizes the Client(s) to reproduce the photo only as agreed upon by the Client(s) and the Photographer. In such event, please advise the Photographer what you plan on using the photos for and obtain written approval.
6. Attendance & Performance
In the unlikely event of the Photographer being unable to attend your shoot to unforeseen circumstances, the Client(s) payments towards the shoot will be refunded (including the retainer).
7. General Liability & Releases
The Photographer will take all reasonable care in the production of image(s) and the performance of this agreement, but the Photographer will not be liable for any loss, damages, or costs, suffered by the Client(s), or by any third party, arising from Client’s use of any image(s).
The Client(s) will indemnify, defend, and hold harmless, the Photographer, their contractors, and their representatives, against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, that may arise from the Client’s use of any image(s).
No amendment or waiver of any items is binding unless set forth in writing and signed by the parties. E-mail and electronic signatures will be considered legal and binding. However, the invoice may reflect, and Client is bound by, Client’s oral authorizations for any additional image(s), fees, and expenses, that could not be confirmed in writing due to the immediate proximity of completing the photography assignment.