Terms of service.
1. Photographer & Videographer’s Responsibilities
TwelveelevenPtyLtd ("Photographer/Videographer") agrees to provide professional photography and videography services ("Services") for the Client at the specified Event. The Photographer/Videographer may employ assistants as needed. While every effort will be made to capture requested shots, specific images or footage cannot be guaranteed due to factors beyond control, including guests, venue restrictions, weather, and other unforeseen circumstances.
If unsafe conditions or objectionable/illegal acts occur at the Event, the Photographer/Videographer reserves the right to take necessary action, including leaving the Event. In such cases, no refunds will be issued.
2. Deposit & Payment
A non-refundable deposit is required upon signing this Agreement, which will be applied toward the total fee. The remaining balance must be paid in full before delivery of photos and video. Non-payment may result in cancellation without refund.
3. Copyright
All images and videos captured remain the exclusive property of the Photographer/Videographer and are copyright-protected. The Client may use the final deliverables for personal use (e.g., prints, social media), but commercial use or resale requires written permission.
4. Term
This Agreement is valid upon execution and remains in effect until final delivery of the completed photos and/or video.
5. Event Changes
Any changes to the Event’s schedule or location must be communicated at least 7 days in advance. If notice is not given in time, the original retainer will be forfeited, and a new deposit will be required to reschedule, subject to availability.
6. Cancellation
Once the Agreement is signed and the deposit is paid, the Photographer/Videographer commits to the Event date. If the Client cancels, all payments made are non-refundable.
7. Delivery Timeline
Edited photos and videos will be delivered within 90 days of the Event. Timelines may be adjusted based on unforeseen circumstances.
8. Model Release
The Client grants the Photographer/Videographer permission to use images and videos for promotional, marketing, and portfolio purposes unless otherwise agreed in writing. No identifying details will be shared without consent.
9. Force Majeure
If the Photographer/Videographer is unable to fulfill obligations due to unforeseen events (e.g., natural disasters, illness, war, civil unrest), all payments made will be refunded, and this Agreement will terminate.
10. Indemnification
The Photographer/Videographer is not responsible for any limitations imposed by the venue or Event organizers that may affect the final product. The Client agrees to hold the Photographer/Videographer harmless in such cases.
11. Limitation of Liability
The Photographer/Videographer’s total liability for any claim, loss, or damage is limited to the fees paid by the Client. Under no circumstances shall liability include indirect, incidental, or consequential damages.
12. Event Meals
For Events exceeding 4 hours, the Client agrees to provide meals for the Photographer/Videographer and one assistant (if applicable).
13. Governing Law
This Agreement is governed by the laws of the State of NSW, without regard to conflict-of-law principles.
14. Agreement Modifications
This Agreement represents the full understanding between the parties. Any modifications must be in writing and signed by both parties.
15. File Retention
The Photographer/Videographer will take reasonable measures to safeguard the captured files until final delivery. After delivery, no obligation exists to retain any images or footage.
16. Promotional Use
The Client consents to the use of their name and likeness in photographs and videos for promotional, marketing, and advertising purposes unless otherwise stated in writing.