Client Agreement & Questionnaire
TERMS AND CONDITIONS
Our Terms and Conditions are here to ensure a clear and smooth experience for everyone. Think of them as a shared understanding between us. They outline the details of our services, payment expectations, and what you can expect from us, as well as what we kindly ask from you.
By setting out these terms, we aim to prevent any misunderstandings, protect both parties, and ensure that our time together is focused on creating something wonderful, with all the practicalities clearly laid out beforehand. It's all about making sure we're on the same page and can proceed with confidence and transparency.
This Agreement is made between:
The Photographer: Kane Vestey
(Hereinafter "Photographer")
The Client: As on “Client Acceptance form”
(Hereinafter "Client")
1. Services Provided
The Photographer agrees to provide professional photography services for the Client's City Portrait session as detailed in the “Client Acceptance Form”.
Deliverables: Edited digital images as per package selected.
2. Package Selection & Payment Terms
2.1. Deposit: A 50% non-refundable deposit is required upon signing this Agreement to secure the session booking. No date is reserved until the deposit is received.
2.2. Remaining Balance: The remaining balance is due on the day of the photoshoot, prior to the session commencing.
2.3. Payment Method: Bank Deposit or PayID. Payment details at the bottom of this page.
3. Social Media Discount
By selecting “yes” on the “Social Media Discount” on the “Client Acceptance form” below, the Client agrees to credit the Photographer on all social media platforms (e.g., Instagram, Facebook, LinkedIn) whenever sharing images from this session. The required credit: Photos by IG: Kane_Vestey | KaneVestey.com. This credit must be clearly visible and active on all shared posts within two (2) weeks of receiving the final edited photos. Failure to provide consistent and visible credit as agreed may result in the discount being voided and the $20 not payable to the Client.
Discount Applied: $20 (if selected) paid after providing proof (screenshot) of posting on social media.
4. Photographer's Obligations
The Photographer agrees to use their professional expertise and artistic judgement to capture the images.
The Photographer will provide a private online gallery for image selection within 2-4 business days of the session.
The Photographer will deliver the agreed-upon number of edited digital images in high-resolution JPEG format via preferred email within 2-4 business days after the Client has made their final selections.
5. Client's Obligations
The Client agrees to arrive on time and date for the session on the “Client Acceptance form”
The Client agrees to complete the provided "prep form" to help the Photographer understand the desired vibe, look, or emotion for the photos.
The Client understands that results depend on cooperation from all parties.
The Client is responsible for their own attire, hair, and make-up.
6. Copyright & Usage Rights
6.1. Copyright Ownership: The Photographer retains all copyright to all images created during the session, as per the Copyright Act 1968 (Cth) of Australia.
6.2. Client Usage (Personal Use License): The Client is granted a non-exclusive, non-transferable perpetual license to use the final edited digital images for personal, non-commercial purposes including:
Sharing on personal social media profiles (with credit as per Section 3 if discount applied).
Sharing with friends and family.
Display on personal websites or blogs.
Personal printing (e.g., for framed prints, albums).
Use for resumes, dating profiles, personal portfolios.
The Client may NOT:
Sell, license, or commercially exploit the images without explicit written permission from the Photographer.
Edit, alter, crop, or apply filters to the images beyond the final edits provided by the Photographer, other than basic resising for web use.
Claim authorship or copyright of the images.
6.3. Photographer Usage (Model Release): The Client hereby grants the Photographer, Kane Vestey, and his assigns, the irrevocable and unrestricted right to use and publish photographs of the Client for editorial, trade, advertising, or any other purpose, including but not limited to:
Display in the Photographer's portfolio, website, and social media.
Use in marketing materials, advertisements, and promotional items.
Entry into photographic competitions or awards.
Sale of prints or digital files of the images to third parties as fine art.
The Client waives any right to inspect or approve the finished product or the use to which it may be applied. The Client releases the Photographer from any claims for libel, invasion of privacy, or right of publicity arising out of the use of the photographs.
7. Rescheduling & Cancellations
Rescheduling: If the Client needs to reschedule the session, 4 days' notice must be given to the Photographer. The deposit will be transferred to the new session date, subject to the Photographer's availability.
Client Cancellation: If the Client cancels the session less than 4 days before the scheduled date, the 50% deposit is non-refundable. Cancellations with more than 4 days' notice will receive a full refund of the deposit.
Photographer Cancellation: If the Photographer must cancel a session due to unforeseen circumstances (e.g., illness, equipment failure), the Photographer will offer to reschedule the session at the earliest mutually agreeable date. If rescheduling is not possible, all monies paid (including deposit) will be fully refunded to the Client. The Photographer is not responsible for any additional costs incurred by the Client due to cancellation.
8. Limitation of Liability
In the unlikely event that digital files are lost, stolen, or destroyed for reasons beyond the Photographer's control (e.g., camera malfunction, data corruption), the Photographer's liability is limited to a full refund of all monies paid to date.
The Photographer is not responsible for any circumstances outside their control, including but not limited to bad weather, lighting issues due to venue restrictions, uncooperative subjects, or restrictions imposed by public spaces.
9. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party, including acts of God, natural disasters, war, terrorism, epidemics, or pandemics.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
11. Entire Agreement
This Agreement constitutes the entire agreement between the Photographer and the Client and supersedes all prior agreements, understandings, and negotiations, whether written or oral.
Client Acceptance form:
Client Questionnaire for Personalised Photoshoot
Our client questionnaire is designed to help us understand your unique vision for your photoshoot. Think of it as our first conversation, allowing us to get to know your style, preferences, and the specific moments you want to capture.
By gathering this information beforehand, we can tailor the session to truly reflect your personality and needs, ensuring we create personalized photos that you'll absolutely love. It helps us prepare and make the most of our time together, resulting in a smooth and enjoyable experience for you.
Payment to Kane Vestey | ABN: 55738493477
A 50% non-refundable deposit is due when you sign this agreement. The remaining balance must be paid on the day of the photoshoot, before the session begins.
If you've opted for the social media discount, please provide a screenshot of your post, and we'll apply a $20 credit after your session.
Payment Details
Bank Deposit or PayID: 0424 721 925
Bank: Bankwest
BSB: 306 821
Account: 350 2851