AGREEMENT Nitika Rae Photography and the Client hereby acknowledge that the following Wedding Terms and Conditions are incorporated in and make a part of the Agreement between the parties.
ENGAGEMENT AND SERVICES The Agreement is between Nitika Rae Photography and the Client named in the photography contract. The Client wishes to engage Nitika Rae Photography and Nitika Rae Photography accepts the engagement to hereby:
CONTRACT AND PAYMENT ARRANGEMENTS An electronic wedding photography contract and 30% non-refundable retainer is required to secure your booking. Final payment is required no later than 4 weeks (28 days) prior to the event. The Client agrees to pay the fee to the Photographer. All additional costs such as parking fees, permits to photograph in national parks or on beaches, if any, are the responsibility of and must be paid for by the Client.
CANCELLATIONS All dates may be transferred once (1) at no extra cost. Any extra transfer will incur a $50 fee (subject to photographer availability). If a cancellation is made by the client with more than 4 weeks (29+ days) until the wedding date, the non-refundable retainer will not be returned - it being the agreed loss suffered by the Photographer due to cancellation. If the wedding is cancelled with less than 28 days until the wedding, the full amount paid will become non-refundable. In the unlikely event the photographer determines that they are unable to complete the coverage due to unforeseen circumstances, a backup photographer will be sourced or a full/partial refund given.
SECOND PHOTOGRAPHER (CONTRACTOR) Payment will be $100 per hour. The photographer will pay the contractor 4 weeks (28 days) before the event. The contractor warrants that they will perform when booked for a photographic assignment and that they are liable for any loss or other financial liability suffered by the Photographer due to failure to perform other than a documented medical emergency or an “Act of Nature.”
SCHEDULES The Photographer will provide a schedule for the time that the client has booked. The schedule will include all known times for each component of the wedding day. It is the responsibility of the Client to inform the Photographer of any changes or additions made to the schedule no later than 7 days prior to the wedding date. The Photographer is not responsible for any omissions to the schedule that result in us not being able to carry out our duties. The Photographer will not be held responsible for any lack of photographs delivered due to unknown changes or omissions.
LIMITATIONS FROM VENUE Please note that the Photographer is governed by the restrictions imposed by churches and venues. In some cases, venues restrict the movement of photographers, the use of flash or in extreme cases prevent the taking of photographs at all. It is the responsibility of the client to inform themselves of these restrictions and inform the Photographer prior to the wedding date. The Photographer will not be held responsible for any lack of photographs delivered due to these restrictions.
COPYRIGHT Copyright in the photographs is retained by the Client for private, domestic and personal use only. Any sale or commercial use must have written approval by the Photographer. The Photographer asserts all moral rights attached to the photographs and the Client does NOT have the right to edit, change, add to, take from, alter or otherwise amend the photographs without the prior written consent of the Photographer except in the case of cropping an image. As a photographer, I need photographs to be an accurate representation of my work so that future clients have a good understanding of my brand and style. The Client may submit images to their vendors for social media use only or to “real weddings” sections of websites, magazines, and blogs, however, a credit to Nitika Rae Photography as the Photographer must be given in the form of either a social media handle or direct website link.
IMAGE STYLE AND EDITING PROCESS The Client acknowledges that they are familiar with our style, and that our work is continually evolving. The photos taken may be different from those taken in the past and the Photographer will use their expertise and judgement to create images consistent with the Clients vision of the day.
IMAGE USE (OPTIONAL) The Photographer may use the photographs for advertising or otherwise promoting their work. This is optional and the Client must inform the Photographer via the booking form if they do not wish to have their images used in any advertising or promoting.
IMAGE STORAGE The Photographer will keep copies of both your finished jpegs for three (3) years and your RAW files for one (1) year from the date of your wedding.
DELIVERY All Clients will be supplied with high-resolution jpeg files via a personal online gallery. At no stage will RAW files be delivered. Online galleries will be completely uploaded within 4-10 weeks of the wedding date excluding public holidays. Couples will have 8 weeks (56 days) from the day images are delivered, to supply favourites for their printed products. Should selections be made after this time a new fee will be needed to create printed products, due to missing the original selection timeframe.
ATTENDANCE In the unlikely event the Photographer is unable to complete the coverage due to unforeseen circumstances such as serious injury, sickness, caring responsibilities etc; a back up photographer will be provided. If no backup can be found, all money (including the deposit) will be returned to the Client.
LOSS OR DAMAGE The Photographer shall carry out this assignment with due and professional diligence. Elements that are beyond our control include interruption of our service due to guest photographers, faulty material, equipment failure or damage or loss of digital files. In the case of digital file loss, the Photographer and the Client agree that the liability of the Photographer shall be limited to a full or partial refund (partial being, coverage time lost), which shall be in full and final satisfaction of any damage or loss suffered.
COVERAGE Every effort will be made to capture as many moments of your day as humanly possible, however it is not possible to photograph absolutely everything. If you have suggestions or desires for photos to be captured such as a surprise dance down the aisle or a specific family photo, please send the Photographer a list and they will do their best to capture them. The Photographer is not responsible for any missing family member/friends during the group photo session.
GUEST COOPERATION The Client is responsible for the conduct of their guests. The Photographer will not tolerate verbally or physically abusive behaviour. If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the Photographer, it will result in the early or immediate departure of the Photographer. The Client understands that in such an event, no refunds will be granted.
TRAVEL ALLOWANCE All travel expenses are based on the distance between the Wedding location(s) and the Photographer/s address (Rifle Range 4311). For all events, the first 100km roundtrip of travel is included. All trips in excess of 100km return are charged at a rate of $0.50c per/km over (same costs apply if adding a Second Photographer). If the Photographer/s is required to travel interstate/overseas, the cost for airline tickets/fuel, accommodation and/or car hire will be the sole responsibility of the Client.
FOOD AND BREAKS Photographers will be allowed one 15 minute break at their own discretion and bathroom breaks when necessary. Photographers will be provided a full guest meal for weddings lasting longer than 5 hours. If no meal is provided the Photographer/s reserve the right to go off-site for a meal for 45 minutes. It is highly recommended that the Photographers are allowed a meal at the same time as the bridal party to ensure they are finished eating by the time the next activity is scheduled.