BRONWYN PARSONS PHOTOGRAPHY CLIENT AGREEMENT (signature required prior to our services commencing)
Creation fee: The client shall make an initial payment of a non-refundable creation fee on booking to secure the session. The session creation fee is payment for pre-services that take place in advance of the session including planning, administration, email communication, phone communication, purchasing, associated travel and for the photographer’s time and talent at the actual session itself. The creation fee further compensates the photographer for foregoing income by not scheduling any other client on the agreed date and time of the session and is not refundable in the event of cancellation.
Client services agreement: In addition to payment of the creation fee, the client shall be required to sign a binding client services agreement accepting the terms and conditions of photography services. A client services agreement is required for Bronwyn Parsons Photography to undertake any photographic services including pre-services.
Gift vouchers and gifted sessions: Gift vouchers are not gift cards. Gift vouchers or gifted sessions
- Must be redeemed by the bearer within 12 months from the issue date and are valid for the session type originally purchased
- Are not redeemable by the bearer for cash, are not transferable to a different session type and any unspent balance will be deemed void.
- Are not transferable to another person(s)
- Bronwyn Parsons Photography works by appointment only and it is essential (especially in the case of newborn photography) to book your shoot by contacting us soon after receiving your voucher so that session dates can be booked well in advance of your preferred or expected due date. Bookings are subject to availability at the time of booking with November and December being peak season.
- Gift vouchers may not be used in conjunction with any other offer or promotion.
- Bronwyn Parsons Photography does not undertake all forms of photography and gift vouchers apply to the session type inclusions as purchased by the giver.
- The bearer of a gift voucher or gifted session is subject to the terms and conditions of this agreement and must return a signed client client services agreement at the time of booking prior to any photographic work or services commencing.
Cancellation: If the client cancels this agreement more than fourteen (14) calendar days before the session date, any creation fee paid to Bronwyn Parsons Photography shall be credited towards a new booking at the next available date. If the cancellation occurs with less than fourteen (14) calendar days before the session date, the client forfeits the creation fee. Cancellations must be made by the client in writing by email. Sessions are deemed complete, the creation fee is forefited by the client and the photographer shall have no further liability in respect to this agreement under the following circumstances: i) failure to show ii) arrives more than 30 minutes late iii) breaches the health and safety policy iv.) persons participating in the client session display disrespectful, violent or verbally aggressive behavior towards the photographer or any other persons present. v). the client makes false or misleading statements when additional products and services not included in the services agreement will not be provided by Bronwyn Parsons Photography for free.
Payment: The client shall make payment of the creation fee within two (2) calendar days of booking to secure the services of Bronwyn Parsons Photography. Payment of the balance is due on the date of the clients gallery presentation and ordering appointment. Payment for a la carte printed products is also required to be paid in full at the ordering appointment and it is therefore important that all decision makers are present on the day.
Copyright and intellectual property: Bronwyn Parsons Photography retains copyright and ownership of all works resulting from the client’s session under the Australian Copyright Act 1968. Bronwyn Parsons Photography reserves moral rights to all digital negatives and creative works resulting from services and shall have a perpetual royalty free license to use such works for samples, contests, exhibition, advertising and self-promotion. Bronwyn Parsons is irrevocably released and discharged claims or demands arising out of or in connection with the use of images, including defamation, copyright, privacy or right to publicity. Clients affirm legal guardianship of children under the age of 18 and consent to them appearing in photographs. In undertaking services with Bronwyn Parsons the same release applies to any other person who appears in the images.
Personal-use license: A perpetual personal-use license shall be granted to the client on delivery of final images, granting permission to download digital images from the client gallery hosted by Bronwyn Parsons Photography for 14 calendar days. The client shall be granted a print release to make unlimited reproductions (prints) for personal use. Images may not be used for commercial purposes or in any way in which the client receives remuneration. The client affirms Bronwyn Parsons Photography retains copyright and ownership of all digital negatives and creative works associated with images produced from the session and as such consitutes understanding and agreement that images may not be modified or edited from their original delivered form. The client affirms understanding that applying filters, overlays, text, cropping (with the exception of forced cropping on the Facebook timeline) overlays, text overlays or any other type of filter constitutes modification and is a breach of this agreement, a breach of copyright and a breach of the artist’s moral rights. Bronwyn Parsons Photography reserves the right to seek damages for any such infringements.
Personal-use license terms (what you may do):
- Watermarked versions may be displayed on personal websites
- Non-watermarked versions may be displayed on personal computers and personal devices
- The client may make image prints for personal use
Personal-use license terms (what you may not do)
- Resell, relicense, sub-license, redistribute without express written permission from the creator Bronwyn Parsons
- Use works in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration
- Use the works for advertising or commercial purposes
- Incorporate into trademarks, logos or service marks
- Make available for public download
- Modify works from the way in which they were delivered by the creator to the client. Works must remain in their original form. (this also extends to applying overlays used by phone apps and social media sites)
- Submit to competitions or published on any website that attributes ownership
- Use works in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. This also includes making defamatory statements/comments about the creator’s service or product.
Copyright infringement: Royalty free perpetual licensing is available to the client for a sum of $2000.00 per image. By using images for any other purpose than stated in this agreement, the client is liable for payment of full copyright or damanges as determined by law. The client shall be given written notice of the infringement and shall have seven (7) calendar days to settle before legal action commences. Bronwyn Parsons Photography reserves the right to pursue any such infringements to the full extent of the law.
Social media: Bronwyn Parsons Photography retains the moral rights to all images and creative works produced. All work resulting from the services of Bronwyn Parsons Photography must be attributed to the artist. Low resolution images with a small watermark shall be provided by Bronwyn Parsons Photography for the purpose of crediting the artist online and are to be displayed in a manner that presents an accurate representation of work produced by the artist. The client may display images purchased for personal use on personal social media pages but not entered into any competition or website that attributes ownership of images. High resolution images are not permitted to be shared online. The client agrees that they will under no circumstances alter any photographs and is also responsible for any family member or friend who publishes images resulting from our services online. Images may not be copped (with the exception of forced social media cropping), be overlaid with filters, be altered in colour, have text overlaid or be edited or altered in any way. Bronwyn Parsons Photography reserves the right to seek damages for mis-representation of work and to seek compensation for infringement of copyright to the full extent of the law. The same release applies to any other person who publishes works produced by Bronwyn Parsons Photography online.
Warranties: All work produced by Bronwyn Parsons Photography is delivered to the client "AS IS" Bronwyn Parsons Photography provides no warranties for digital or printed products only those of the manufacturer of printed products apply. Bronwyn Parsons Photography makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose. Bronwyn Parsons Photography is not liable for any third party claims or incidental, consequential or other damages arising out of the client’s license or clients use of works. No returns or exchanges are provided for digital images. Due to the original custom nature of digital art, all transactions are final on download. Bronwyn Parsons Photography shall provide download instructions to the client but is not responsible for the client’s personal storage or software. Bronwyn Parsons Photography is irrevocably released from any damage or loss that may occur to digital files as a result of the clients use.
Guarantees: The photographer makes no guarantee with respect to any issue of quality, type, style, number of photographs, visual or artistic appearance of the final product. Every effort will be made to ensure that the client(s) receive the highest possible quality product. Many factors contribute to the outcome of a session, including the cooperativeness of the subject. lateness, personal appearance and presentation, natural light conditions or environmental conditions. The photographer makes no guarantee with respect to the quality, appearance or longevity of any printed product, and only those guarantees made by the manufacturer of said product(s).
Editing services: All deliverable images shall have standard image editing (including: light skin retouch, light and colour adjustment, blemish removal and correction to zoned areas of newborn skin heavily saturated in magenta) consistent with the style contained in the portfolio of Bronwyn Parsons Photography. Bronwyn Parsons Photography does not undertake fashion editing or glamour editing. Bronwyn Parsons Photography will not undertake body sculpting or alteration to a person’s personal presentation unless requested in writing by email prior to the session. Clients are responsible for communicating any insecurities in relation to personal appearance prior to the session to enable the photographer to provide mutual understanding of what is and isn't technically possible and so that the photographer may provide recommendations on wardrobe selection, plan lenses, equipment, posing and lighting in advance of the session. Any additional editing or revisions requested by the client will cost $75 per image and shall be payable in advance of additional work commencing. The photographer shall not be responsible for personal appearance, hair, make-up, nails, wardrobe imperfections, the visibility of undergarments, fluff on clothing, personal accessories, presentation of pose, mannerisms or expressions. The client is responsible for ensuring personal appearance is to their personal satisfaction prior to being photographed. The photographer holds no responsibility for the client’s self-perception of their personal appearance, and is unable to re-create the look and style of another artist. The client shall be charged for any additional editing to the client’s personal appearance subject to the editing services provided and limitations of editing software. The client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. The client accepts responsibility for viewing the photographer’s portfolio and ensuring the style of photography is to the client’s taste prior to booking.
Composite and fine art editing: In accordance with best industry practice, Bronwyn Parsons Photography undertakes safety pre-cautions for newborn sessions by using an assistant to "spot" or support newborns into select positions. Bronwyn Parsons Photography shall use composite editing techniques to overlay several images to remove hands in the final image. Bronwyn Parsons Photography shall use composite editing techniques to produce the illusion of newborns elevated in hanging baskets or suspended elevated on a parents arm or raised in hands. Packages that include digital backgrounds or custom fine art original backgrounds are produced with the same composite editing techniques and require advanced planning. The photographer shall pre-select the digital background or custom design and photograph elements for original custom fine art works in advance of the session. To produce an authentic, look the photographer shall photograph the subject on similar colours and textures, position lighting and use lighting conditions similar to the digital background. The photographer shall also pre-determine the position subjects are to be photographed in and shall photograph subjects in angles appropriate for use on digital backgrounds or custom fine art original backgrounds. The photographer is not responsible for the "look" of any final images that are requested at the session without being able to pre-plan or that are produced with the use of digital backgrounds selected by the client post-session. Composites requested with pre-planning will not be permitted to be shared on the internet and do not accurately represent the work of Bronwyn Parsons Photography.
Style of photography: The styling of the session, style of photography and style of editing is determined by Bronwyn Parsons Photography. The client is responsible for viewing the photographer’s portfolio and ensuring the style of photography is suited to personal taste prior to booking. Any special requests for styling or variations to the photographer’s type of editing must be communicated at the time of booking so that the photographer can determine if this need can be met within the pricing of the session
Delivery: No unedited images will be available for viewing or available to purchase. Bronwyn Parsons Photography shall select the best images from the day and edit them to the style consistent our portfolio in accordance with the editing services provided and inclusions specified in the client package. Delivery timeframe is up to 20 business days (excluding weekends and public holidays) with slightly longer timeframes expected during peak periods. Images shall initially be presented in proofing and will be made available for viewing in a private online gallery. Bronwyn Parsons Photography shall communicate delivery of proofing galleries by email. Proofing galleries will available online for three (3) calendar days. Print orders and digital selections must be finalized within this timeframe. Delivery of high resolution and duplicate web resolution images shall be facilitated when the client has instructed that selections are finalized and on the completion of any additional editing. Orders for a la carte printed products not included in the client’s package must be placed and paid for in full at this time. Bronwyn Parsons Photography shall communicate delivery of final galleries by email and provide a download pin and password at this time. Final galleries shall be hosted online for fourteen (14) calendar days. A fee of $55 applies to re-upload the gallery after the expiry date. Production and delivery of printed products is approximately three (3) weeks. Bronwyn Parsons Photography shall communicate the arrival of printed products by email and establish a collection appointment with the client. No digital or printed products will be delivered without payment in full.
Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall provide the client the option of a re-scheduled session OR return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing or lost through camera malfunction without fault on the part of the photographer. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.
High-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 300DPI supplied un-watermarked
Web-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 96DPI supplied watermarked at 2048 pixels on the longest side of the image
Storage: Bronwyn Parsons Photography keeps client files for up to 12 months after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period. In the event the client’s relationship with his or her partner dissolves both parties consent to Bronwyn Parsons Photography providing either party with copies of photographs within a 12-month period after delivery. In person collection and proof of identify will be required and images must be signed for.
Liability: It is client’s responsibility to supervise children. Bronwyn Parsons Photography will not accept any responsibility due to any accident to children or damage to public or private properties during the photography sessions or studio attendance.
Photography and Video: No photography or video is permitted other than by the photographer and any breach of this agreement will constitute a reason for non-completion of the job with no liability to the Photographer and loss of initial session fee paid by the client.
Willingness to participate: Bronwyn Parsons Photography is not responsible for the cooperativeness of subjects and no complimentary re-shoots apply. Every effort is made to calm newborn clients to an acceptable safety level for posing. No complimentary re-shoot will apply if we are unable to pose newborn clients into positions desired by the client.
Communication: All communication with Bronwyn Parsons Photography with the exception in person interaction and phone consultations shall be in writing by email or through the contact form provided on the Bronwyn Parsons Photography website.
Health and Safety policy: Bronwyn Parsons Photography follows recommendations set out by the ACT Health Department in relation to exclusion following illness. Bronwyn Parsons Photography has an exclusion policy for studio based sessions of 48 hours following gastroenteritis, vomiting, viral infection or any other type of transmittable illness. Bronwyn Parsons Photography has a duty of care to ensure other clients are not placed at risk and is unable to schedule any other client on the agreed date and time of the client’s session with less than14 days’ notice and our cancellation policy applies. Bronwyn Parsons Photography reserves the right to deem the session complete in accordance with the terms of our cancellation policy should anyone attending present with symptoms of illness. Clients presenting with illness forfeit the session fee and Bronwyn Parsons Photography shall have no further liability with respect to the agreement.
Bronwyn Parsons Photography adheres to best industry practice for newborn safety. Posed newborn sessions shall be performed by a photographer trained in newborn safety and posing. Posed newborn photography is subject to age restrictions (5 - 16 days) with less posed positions practiced for infants up to one month. Posing is subject to safety, capability and the comfort newborn subjects. The photographer shall assess potential risks prior to posing newborn subjects and will not undertake select poses if the subject cannot be settled to an acceptable safety level.
Siblings may not be present before the commencement of family newborn photography. Children must be accompanied by their parent/legal guardian and be closely supervised at all times. Children are not permitted near the photographer whilst they are working with a newborn or near props and equipment unless it is under supervision to have their photograph taken.
Newborn session attendance and participation: is for newborn parents only with the largest portion of the session dedicated to newborn photography. Siblings may attend the family newborn segment scheduled in the last 30 minutes of the session but must not attend before the scheduled start time for the family newborn segment. Bronwyn Parsons Photography maintains an environment conducive to newborn photography achieving results by keeping stimulation at a minimum for newborn clients. Bronwyn Parsons Photography is unable to extended family or additional persons in studio and attendance is restricted to the newborns parents.
Inclusions: are published on the Bronwyn Parsons Photography website or as otherwise agreed by both parties in the client contract. Studio newborn and infant sessions (up to 3 months) include available in stock items including backdrops, wraps, accessories, curly felt layers, wool layers, blankets, bonnets, hair flowers, fabric backdrops and digital backdrops. Studio cake smash sessions include in stock items including backdrops, balloons, a 6-inch around butter cream cake or giant cupcake (subject to availability of suppliers) with a "ONE" gold acrylic cake topper and cake smash outfit from available in stock outfits. USB delivery for packages not inclusive of one is an additional $25. Props are not provided for on-locations shoots. Posed newborn photography is only available in studio. Custom backdrops, props, accessories, decorations, outfits or any other items or services (hair and make-up) the photographer does not have in stock or include may be supplied by the client in consultation with the photographer. Alternatively, the client may purchase these items as an ad-on through Bronwyn Parsons Photography. Payment for custom items includes the photographers labor to order and provide custom services and inclusions, is subject to payment in full prior to orders being placed. All sessions include pre-session communication by email, the photographers time in planning your session, one pre-session phone consultation, consumables (for select session types), travel (for select session types),the photographers time talent at the session, the photographers knowledge and use of industry professional lenses, camera and lighting equipment, an on-line proofing gallery, approximately four to five hours of labor undertaking standard editing services post session, gallery upload, administration and post-session communication by email. Select packages include printed products and the photographers time to prepare files, order prints, receipt and dispatch orders. To provide clients with beautiful images Bronwyn Parsons Photography incorporates a percentage towards the cost doing business including the following on costs:
- business registration
- public liability insurance
- website hosting
- domain registration
- gallery hosting
- CRM systems
- Subscription to professional bodies
- Ongoing professional development
- Industry professional software
- Monitor calibration, desktop editing computer, storage and hardware
- Offsite encrypted back-up of galleries for 12 months
- Photographic equipment, equipment insurance, equipment maintenance and equipment replacements
- Handmade props, wraps, accessories, layers, hair flowers, bonnets, blankets, backdrops, newborn posing aids, fabric posing backdrops,
- Studio maintenance, electricity, phone, internet, cleaning and sanitizing props
- Salaries, superannuation and leave
Cake smash photography: The photographer holds no liability for minor imperfections that may occur during the supplier’s transit of the cake. and balloons. The photographer is not responsible for the way in which the camera interprets colour or how that colour casts onto skin. Its recommended clients follow the recommendations of Bronwyn Parsons Photography when selecting a colour scheme. It is further recommended that clients view the available colours (inflated) in person by visiting any Big W party store. If in doubt how a particular colour will photograph it is strongly recommended a test shot be arranged with the photographer at least 4 weeks prior to the session date. The client is responsible for the purchase and delivery to the studio of any balloons for requested test shots of for any custom items supplied by the client to be included in the set-up. A fee of $30.00 applies for a test shot.
Security and CCTV: CCTV camera's monitor the studio and may be used for quality and coaching purposes. Footage may also be provided to a third party if required by law or to protect copyright, trademarks, safety and other legal rights of Bronwyn Parsons Photography.
CLIENT SIGNATURE REQUIRED ON BOOKING:
This Agreement is a legally binding document and your signature will commit you to its terms. You acknowledge that you have carefully read and fully understand all of the provisions of this Agreement, and that you are voluntarily entering into this Agreement.