Terms and conditions
JayD Clicks all photography and videography services Terms and conditions
It is agreed that the following terms and conditions set out the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.
Booking Fee
1. Booking fee of $200 for the weddings and $100 for the other photography services is required secures the date, time, and services of JayD Clicks for the wedding and is non-refundable or transferable in the event of cancellation, it being the agreed loss suffered by the photographer due to cancellation. All cancellations must be in writing. Events/ weddings that are postponed to a later date will retain the fee as long as the photographer can re-schedule for the new date and time.
Payments
2. Following payment of the booking fee, other remaining total balance is due prior to the event date.
3. JayD Clicks accepts cash or bank transfers. Bank transfer payment details will be made available on the invoice from.
Display
4. JayD Clicks may use any images included in this contract in their portfolio, literature, display areas, exhibitions, competitions, advertising including third-party marketing, corporate advertising, slide shows or commercially. They may also be used on the website, email, and social media channels including Facebook, Instagram, blogs and etc.
Copyright
5. All photographs, videos, and any other visual or audio-visual materials created by JayD Clicks (“the Photographer”) remain the exclusive property and copyright of JayD Clicks under the Copyright Act 1968 (Cth). This includes all original images, edited images, digital files, negatives, video footage, and any printed or electronic reproductions.
The Client acknowledges that JayD Clicks retains full copyright in all works produced and agrees not to claim ownership or author status of any image, video, or related file.
JayD Clicks grants the Client a perpetual, non-exclusive licence to use the delivered photographs and/or videos for personal, business, promotional, and commercial purposes, including publication on social media, websites, and marketing materials. This licence allows the Client to print, share, and publish the materials freely, provided that the files are not resold, sublicensed, or used in a way that misrepresents JayD Clicks as the creator. JayD Clicks retains the right to use the images and videos for portfolio display, marketing, and promotional purposes, unless the Client explicitly requests otherwise in writing prior to the event.
Attendance
6. In the unlikely event of the assigned photographer being unable to attend your wedding/event due to unforeseen circumstances, I reserve the right to appoint another photographer to attend your wedding on our behalf to undertake the wedding photography to his/her best ability.
7. In the event of cancellation by the photographer, or in the very unlikely event of total photogenic failure, liability shall be limited to a full refund of any fees paid.
License, Coverage and Reproduction
8. Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the client’s requirements.
9. The Photographer shall endeavour to Photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the Photographer on the occasion of leaving some body out.
10. If specified people on the family group shot list are not available to be photographed at the allocated time, it is not the Photographer’s responsibility.
11. For a booking involving church ceremony or at certain venues, the Photographer’s movement are sometimes restricted by the official in charge. The area from which the Photographers able to cover the ceremony may not be the Photographer’s choice and the Photographer cannot accept responsibility for any obstructed view should this be the case
12. Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
13. The Photographer will carry out this assignment with professional diligence. Elements beyond the Photographer’s control (faulty material, equipment failure, damaged memory cards or weather conditions) may inhibit or prevent the Photographer completing in whole or in part this assignment. In this case, JayD Clicks shall not be liable for the complete performance of the assignment.
Confirmation
14. The Client must accept the responsibility to contact the Photographer at least two [2] weeks prior to the wedding date / event date, to confirm details are correct and there are no alterations.
Location Information
15. The Client must agree to advise the hairdressers, make-up artists, the hire cars and anyone else involved with providing services for the wedding/events of all the relevant times, details, and locations as detailed, and to coordinate their services. The details and times listed, form part of this agreement and the Client agrees to make every effort to cooperate in order for the Photographer to fulfil the contracted photogenic services. The Client acknowledges the Photographer cannot accept responsibility for the ‘extent’ of the photogenic coverage if these details are incorrect or if the agreed schedule was not followed.
Personal Accident
16. Any directions issued to clients, their guests or employees during a photogenic shoot are deemed to be at said person’s own risk. The Photographer cannot be held responsible for any personal accidents during a photogenic shoot.
Retouching and Completion Schedule
17. All images will be adjusted for exposure, colour, brightness, contrast, and sharpness. All deliverable images as per contract will have standard image editing (including: light skin retouch, light and colour adjustments) to the Photographers taste. Any extra edits requested by the client will cost the client $10 per image if accepted by the Photographer. Extra image adjustments include (change the size of the body or parts of the body, replace parts of the body from another image, change the colour of parts of the body, extra skin retouch, replace or swap background). It is also understood that unless hair and makeup is included in the contract, Photographer is not responsible to fix hair or skin, or makeup problems.
18.Client accepts that all photographs will be taken and edited at the photographer’s discretion based on the photographer’s experience and artistic view. If the client has special requests, style or colours shall create a “shot list” of all shots that they require and discussed with the photographer before the job booking date and shall be agreed by the photographer in writing to perform requested work and edits. JayD Clicks will take no responsibility to reedit photos if requirements have been discussed and sent in writing by the client prior to the booking.
Social Media:
19. This clause applies to all social media, including Facebook, Instagram and blogs. When published online it is required that citation of photographer be made. The client agrees that they will under no circumstances alter any photographs that are placed in public on the internet. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.
Failure to Perform:
20. If the Photographer/ videographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, due to the Photographer’s illness, due to war, insurrection, strikes, walk-outs, riots, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labour or materials, laws or governmental restrictions then the Photographer/videographer shall return any funds previously paid to the Client but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic/ Video graphic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without a fault of the Photographer/videographer. In the event the Photographer fails to perform for any other reason, the Photographer / videographer shall not be liable for any amount in excess of the retail value of the Client’s order.
21. JayD Clicks keeps client files for up to 2 months after the photos delivery date, via online or on USB media, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
Liability
22. It is client’s responsibility to take care of the children; JayD Clicks will not accept any responsibility due to any accident to children or damage to public or private properties during the photo shooting or consultation session.
23. It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the venue (wedding, portrait, family photography , etc.) while JayD Clicks is working, and that 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 deposit by the client.
Photos delivery time:
24. Digital processing takes a little while however, the turnaround time for fully edited wedding/any other photography service is between 4 to 8weeks and for videography service it’s between 8 to 10 weeks.
Meals and brakes:
25. The photographer(s) / videographer(s) will be allowed one 20 minutes break at their own discretion, and bathroom breaks when necessary. Each photographer / videographer will be provided a full guest meal for any photography session lasting longer than 5 hours. If no meal is provided, the photographer(s) reserves the right to go off-site for a meal for 45 to 60 minutes.
Change of date, location and time:
26 It is understood that it is clients responsibility to inform the Photographer by email for any date or location changes (including but not limited to wedding dates, baby delivery for birth or hospital photography). JayD Clicks does is not liable for any claims for messages sent by mobile text messages or social network websites.
Photo Cooperation:
27. In the event that the family/guests are taking photos, JayD Clicks is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. JayD Clicks is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
Communications:
28. All the communications with the Photographer shall be made in English and in Writing to email address sales@jaydclicks.com.au
Changes to Terms and conditions
29. Changes to the terms and conditions of the contract can be changed and updated by JayD Clicks at any time without any notification to the client. If you need to get an updated copy of terms and conditions of the contract please check our website (https://jaydclicks.com.au/terms-and-conditions).
Handling of the RAW files
30. JayD Clicks does not provide original RAW files to the clients under any circumstance; they only get edited digital photos only. Only if the photographer and the client agree on a price for all the RAW files then only RAW files will be given and client has to provide their own storage devise for storing the RAW files. The Client acknowledges and agrees that JayD Clicks may engage trusted third-party contractors or service providers to assist with the processing, editing, retouching, or production of photographs and videos. These contractors may be located within Australia or overseas.
Videography Services related terms and conditions
31. EXCLUSIVITY: JayD Clicks shall be the only videography service provider retained by the Client for agreed upon events/projects. Family and friends of Client shall be permitted to videotape the event, for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s duties. If, in the opinion of the assigned videographer(s), such person or persons are inhibiting the videographer from performing his or her duties, Client shall require the person interfering with the videographer to stop all further videotaping.
32. ILLNESS AND UNEXPECTED EVENTS: JayD Clicks will not be liable to Client under any circumstances if his performance is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control, JayD Clicks shall promptly return/refund to Client all paid videography fees made prior to Event (EXCLUDING HIRE OF EQUIPMENT) and shall then have no further liability with respect to this Agreement.
34. COMPLETION OF FINAL PRODUCT: The entire editing process, from time of scheduling to receipt of the final product is normally 8 to 10 weeks, at which time Client will receive the final product of the Event completed in full and delivered on prior approved format
35. LIQUIDATED DAMAGES: Client and the JayD Clicks recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual damage in the event of a breach on the part of JayD Clicks. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of JayD Clicks, including, without limitation, any damage to or loss of any videotape footage, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS OF ANY VIDEOTAPE FOOTAGE: A percentage reduction in the price of the agreed upon video package, based upon the amount of actual recorded footage which has been damaged or lost and in relation to the filming of the event and post product services. If possible, JayD Clicks will make all available efforts to provide Client with a final edited product from remaining Event Footage and will have full creative control in this regard and the return of prior mentioned fees and payment of such damages shall be the sole and exclusive remedies available to Client.
36. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that
Videographer(s) may use images from Client’s event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients.
37 .CREATIVE CLAUSE: It is understood that JayD Clicks is the exclusive official videographer retained by the Client to cover this event. JayD Clicks is granted full editorial, production and content control by the Client regarding all aspects of production and post-production services. In the case a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master product, it is at the sole discretion of JayD Clicks as the exclusive Producer of the event’s video recording. If something occurred at the event that Client does not want to appear on the final edited product, the Client must instruct JayD Clicks within two weeks after the event’s recording. The “3-6 Minute Highlight Video” and “Full Length Feature” will be made available to the Client on approved media and any requests for changes will be accepted within 30 days after delivery of final edited master product. Further requests for changes, following delivery of final edited master product(s), that are not the result of errors by JayD Clicks and are considered creative in nature, will incur additional costs of $100 per hour for editing, labor and export times. JayD Clicks cannot guarantee video or audio quality due to restrictions imposed at and/or by the event location. JayD Clicks is not responsible in any way for less than satisfactory shooting conditions and therefore is not responsible for shots that are missed, omitted or blocked.
38. Laser Lighting and Equipment Damage
The Client acknowledges that laser lighting used by the DJ, venue, or any third-party operator may cause permanent damage to camera sensors and photographic equipment. If laser lighting is used during the event, the Photographer reserves the right to suspend or cease photography services immediately for the duration of the laser operation.
The Photographer will not be responsible for any missed photographs, reduced photographic coverage, or inability to complete the photography services as a result of laser lighting being used.
Should any camera sensor or photographic equipment be damaged due to exposure to laser lighting during the event, the Client agrees to be fully liable for all repair, replacement, and associated costs incurred by the Photographer. Such costs shall be payable by the Client within the timeframe specified on the Photographer's invoice.
No refund, compensation, or reduction in fees shall apply where photography services are interrupted, suspended, or terminated due to the use of laser lighting.