Terms-and-Conditions

By engaging Foto Diem - Peter J. Photography  the following is agreed by the engaging party/s:

 Any agreement between the "Client" or "Clients", hereinafter referred to as the "Client(s)", and Photographer: Foto Diem - Peter J. Fraser Photography and associates, hereinafter referred to as the "Photographer(s)", are subject to all of the following terms on this page: The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable.  Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

Entire Agreement: This agreement contains the entire understanding between the Client(s) and the Photographer(s).

Confirmation: A signed “Contract for Photography Services” and payment of the booking fees are necessary to confirm the stated services from the Photographer(s) and to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the clients, the retainer fee is non-refundable and shall be liquidated damages to The Photographer(s). The Client(s) shall also be responsible for payment of any of The Photographer(s)'s materials charges and costs incurred up to time of cancellation. In the situation where a written agreement does not exist the Client(s) agree to and have read all the terms on this page.

Pre-Wedding Consultation: This normally happens at the time of booking. The Client(s) will outline broadly what is required and the Photographer(s) will advise on planning, logistics and timings where needed. If required the Client(s) are welcome to request a meeting for an additional chat closer to the time of the wedding (about 2 weeks) to iron out the remaining details. In any case we will contact you by phone a few days before the wedding to ensure that there have been no last minute changes.

Cooperation: The Client(s) and the Photographer(s) consent to happily cooperate and communicate with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer(s) be provided with a helper (usually the best man) who will point out key individuals to be photographed. The Photographer may also require the assistance of the best man in organizing family groups. The Client(s) also agree to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use his discretion but cannot be held responsible for a lack of photos of these people.

The Schedule: Our shooting schedule, style of working and experience are designed to achieve a great set of wedding photos for the Client(s), accomplished with good humour and enjoyed by all concerned. Both the Client(s) and the Photographer(s) therefore agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. In cases where the wedding does not run on time (for example, extreme lateness by one of the Client(s) arriving to the church) we cannot guarantee to take our normal set of photos although in such circumstances we will do our absolute best to compensate within reason. In extreme cases shooting will commence at the scheduled start time and end at the scheduled end time.  All additional time beyond the scheduled end time will be billed to the Client(s) at the discretion of the Photographer(s).

Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt and approval must be obtained from The Photographer(s) by the Client(s).

Paparazzi Wedding Guests: All your guests will have digital cameras and all your guests will want to photograph the Client(s). In the spirit of cheerful cooperation the Client(s) agree to give the Photographer(s) precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Client(s) continually interrupt the Photographer(s) work.

House Rules: Note the Photographer(s) are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographer(s) shoot from a specific location. In such circumstances the Client(s) agree to accept the technical limitations that may be imposed on the equipment used. We advise the Client(s) to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.

Copyright Law: The copyright of photographs remains with the Photographer(s). The Photographer(s) grants the Client(s) permission to make copies of the images under the following conditions. The images taken by the Photographer are for personal use by the Client(s) and their friends and relatives. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer(s).

Model Release: The Client(s) grant the Photographer(s) and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Client(s) for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client(s) hereby release the Photographer and its legal representatives, heirs and assigns from all liability, profits and claims in connection with the images.

Limit of Liability: In the unlikely event that the assigned photographer from The Photographer(s) is unable to perform to the guidelines of these terms due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of The Photographer(s), the Photographer(s) will try to book a replacement wedding photographer. Under normal circumstances a second photographer from the Photographer(s) may be there for the day, dependant on the selected package, and this photographer will then shoot the day on his/her own. If both Photographer(s) are unavailable and a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographer(s) have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

In  the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond The Photographer(s)'s control, including but not limited to camera, hard drive, or equipment malfunction, The Photographer(s) liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.  The Photographer(s) is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

Booking Fee/Deposit: A minimum of 25% deposit is required to confirm any booking. In the event of the Client(s) cancelling the event, for whatever reason, the booking fee is non-refundable. It will be considered as liquidated damages to the Photographer(s).

Expense Incurred: When applicable, the Client(s) is responsible for all travel, accommodation, meal and transport costs unless provided by the Client(s).

Travel expenses:  All travel expenses are based on the distance between the EVENT location(s) and The Photographer(s) studio address.  For all EVENT(S), the first 50 kilometres roundtrip of travel is included.  All travel in excess of 50 kilometres roundtrip is charged at recommended AA rates for the Photographer(s) vehicle. Any additional fees, such as toll and parking could be passed onto the Client(s), where applicable, at the discretion of the Photographer(s). 

Safety: The Photographer(s) reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from The Photographer(s) experiences inappropriate, threatening, hostile or offensive behaviour from person(s) at the EVENT(S); or in the event that the safety of the photographer from The Photographer(s) is in question.  The booking fee and incurred cost by the Photographer(s)   for the event will be non-refundable and will be considered as liquidated damages to the Photographer(s).

Engagement: Engagement of the Photographer(s) will be by payment of the fee in part or in full.  By engaging the Photographer(s), in terms of the Engagement definition, the client agree to have read and understood the contents of this page and the terms-and-conditions set out on it and agree to the terms therein.

Responsibilities:  The Photographer(s) is not responsible for compromised coverage due to causes beyond the control of The Photographer(s) including but not limited to obtrusive guests, lateness of the Client(s) or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer(s), rendering of decorations, or restrictions of the locations. The Photographer(s) is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer(s) is not held liable for missed coverage of any part of the EVENT(S).  The Photographer(s) will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).

Venue and locations limitations: The Photographer(s) is limited by the rules and guidelines of the location(s) and site management. The Client(s) agrees to accept the technical results of their imposition on The Photographer(s). Negotiation with the officials for moderation of guidelines is the CLIENT's responsibility; The Photographer(s) will offer technical recommendations only.

Permits: The Client(s) is responsible for acquiring all permits and necessary permission for all locations on which The Photographer(s) will be performing services. The Client(s) is responsible for gaining permission of all guests to be videoed and photographed on the day.

Capture and Delivery:  The Photographer(s) is not liable to deliver every image taken at the event.  The determination of images delivered to the Client(s) is left to the discretion of The Photographer(s).

Post production and editing: The final post production and editing styles, effects, and overall look of the images are left to the discretion of The Photographer(s).  Products are not guaranteed by the Photographer(s) other than the guarantee which is provided by the manufacturer. Cost incurred that is not covered by the manufacturers guarantee or incurred by the Photographer(s) will be carried by the Client(s) in full.

Payment schedule: The aforementioned Booking fee, which is a non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the Client(s) fails to remit payment as specified, The Photographer(s) shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will incur a $150 non-sufficient funds fee payable by the Client(s). The Client(s) agree to pay for any costs associated with collecting any outstanding fees reasonably incurred by the Photographer(s).

Pricing: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Photographer(s).  The final commercial arrangement between the Client(s) and the Photographer(s) will be strictly confidential and will be considered under a non-disclosure agreement. Products are not guaranteed by the Photographer(s) other than the guarantee which is provided by the manufacturer. Cost incurred that is not covered by the manufacturers guarantee or incurred by the Photographer(s) will be carried by the Client(s) in full. All prices quoted exclude any taxes, GST or international price fluctuation unless expressly stated otherwise. 

Rights reserved: The Photographer(s) retain the right to do business with the  Client(s) if he so chooses and can abstain from engaging in service for or to any Client(s) without any explanation. In the event that the Photographer(s) exercises  this right, not to engage in service for a client, the Photographer will return any monies paid by the Client(s) to the Photographer(s).