GENERAL TERMS AND CONDITIONS
Effective January 2021
1. ENTIRE AGREEMENT
This agreement contains the entire understanding between Kirsten Cunningham Photography and the Client. It supersedes all prior and/or any other verbal or other agreements between the parties. Additions or alterations to this agreement will only be recognised if in writing and signed by both parties.
2. BOOKINGS
When written confirmation of the booking fee and the signed contract is received, Kirsten Cunningham Photography will reserve the time/s and date/s agreed upon, and will not make any other reservations for that period. For this reason the required booking fee is non-refundable.
The booking fee is applied towards the agreed upon wedding photography package. The Client understands and agrees that the total amount owed for the wedding photography package described in the contract is due one week before the day of the actual wedding event as scheduled between Kirsten Cunningham Photography and the Client.
3 CANCELLATION
In the event that the Client cancels the contracted services for wedding photography outlined in this contract before the wedding ceremony takes place, the booking fee will be forfeit. In the event Kirsten Cunningham Photography are unable to attend the wedding due to sickness or natural disaster Kirsten Cunningham Photography will organise a primary photographer of the same level or above to step in for Kirsten Cunningham Photography. If Kirsten Cunningham Photography cancel the Client's event and are unable to fulfil their photographic obligations for whatever reason, all monies paid by the Client will be refunded.
4. ARTISTIC STYLE
The Client acknowledges that they are familiar with the Kirsten Cunningham Photography's portfolio and are requesting services with knowledge of the Kirsten Cunningham Photography's style. The Client also acknowledges that:
Kirsten Cunningham Photography's style is natural and candid and as such no airbrushing or beauty retouching is included - if the client requires specific post-production this will be outsourced to a professional agency for an agreed upon price
Kirsten Cunningham Photography's work is constantly evolving
Kirsten Cunningham Photography's services are of unique and artistic nature
The photographs may be different from photographs taken by the Kirsten Cunningham Photography in the past
In creation of the photographs, Kirsten Cunningham Photography shall use their personal artistic judgment to create images consistent with their personal vision of the event, which may be different to the Client's and the subject's. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
5. SPECIFIC PHOTOGRAPHS
The Client is responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired including the family photographs immediately after the ceremony. The photographer will not be held accountable for not photographing desired people if there is no family photography list and no-one to assist in identifying or gathering those people for the required photographs.
6. COOPERATION
The parties agree to positive cooperation and communication to achieve the best possible result. Kirsten Cunningham Photography are not responsible for key individuals’ failure to be present or to cooperate during the photographic sessions or for missed images due to details not revealed to Kirsten Cunningham Photography.
7. SHOOTING TIME / ADDITIONS
The photography schedule is designed to accomplish the goals and wishes of the Client in a manner enjoyed by all parties involved. All parties agree that positive cooperation and punctuality are therefore essential for the photography process to remain on schedule.
Should the ceremony start late due to any reason whatsoever, Kirsten Cunningham Photography cannot be held liable for any photographs not taken later on due to lack of time. If the photographer is asked and agrees to photograph for additional time beyond the agreed package on the day, a rate of $400/shooting hour will apply.
8. HOUSE RULES OF VENUES
If the photographer is limited in what they can do or where they can photograph by the guidelines of the ceremony official or the reception site management, the Client agrees to accept the technical results of their imposition. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. Kirsten Cunningham Photography can offer technical recommendations only.
9. COPYRIGHT ON DIGITAL NEGATIVES AND PRINTS
Copyright is assigned to the photographer. The photographs, digital negatives and prints produced by Kirsten Cunningham Photography are protected by Australian Copyright Law (all rights reserved) and may not be reproduced in any manner without Kirsten Cunningham Photography’s written permission. The Client has limited copyright ownership of the resulting images, which will be transferred to the Client under the following conditions:
• The digital Images and digital files are the property of the Client for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
• The Client and their friends and family are welcome to post images on social media without credit to Kirsten Cunningham photography - however vendors or anyone outside this scope are required to provide proper credit (see below).
• The Client must obtain written permission from, and compensate Kirsten Cunningham Photography prior to an event where the Client, the Clients friends or relatives publish or sell the photographs for profit.
• If the client wishes to supply vendors with images for their social media sites, vendors are to be informed that credit MUST be given to Kirsten Cunningham Photography in every instance with a live link to the appropriate Kirsten Cunningham Photography site - FB/Instagram @kirstencunninghamphotography or www.kirstencunningham.com. If vendors wish to use the images in any other form prior permission from Kirsten Cunningham Photography must be negotiated.
10. MODEL RELEASE
The Client hereby assigns and grants Kirsten Cunningham Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright same. The Client hereby releases Kirsten Cunningham Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Kirsten Cunningham Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television, advertising, magazine advertising and any other purpose thought proper by Kirsten Cunningham Photography.
11. EXCLUSIVITY / GUEST PHOTOGRAPHY
It is understood and agreed that Kirsten Cunningham Photography will act as the sole and exclusive wedding photographer. The formal photography time is for the exclusive use of Kirsten Cunningham Photography to capture the formal/bridal party wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography cannot be permitted during the formal/bridal party photography session. Kirsten Cunningham Photography agrees to guests taking snapshots during the pre and post professional sessions. The Client is responsible for restricting Guest photography that may adversely affect the services of Kirsten Cunningham Photography if deemed necessary by the Client or photographer.
12. GUEST COOPERATION
The Client is responsible for the conduct of their guests. Kirsten Cunningham Photography will not tolerate any verbally or physically abusive behaviour towards the photographers. Unruly or inappropriate guest behaviour and/or photographic equipment damage will result in the immediate and possible early departure of the photographer. The Client understands that in such an event, no refunds will be granted. The Client will also be responsible for the costs of any repair or replacement of any equipment damage caused by unruly or inappropriate Guest behaviour.
13. NON-GUARANTEE
Although all possible care will be taken to produce images of all important or special moments during the wedding, Kirsten Cunningham Photography cannot place an unconditional guarantee on the above. Kirsten Cunningham Photography cannot be held responsible for any substandard images due to guests’ (or any other) flashes or any other cause in or outside of Kirsten Cunningham Photography’s control.
14. RIGHT OF WITHDRAWAL
Kirsten Cunningham Photography reserves the right to withdraw from the contract if changes to agreed and contracted circumstances become unacceptable to Kirsten Cunningham Photography. This includes non-cooperation, changes in locations, facilities or available times, date changes, missed appointments and late payments. In the event of withdrawal, all payments made to date will be returned, excluding the booking fee as well as fair market value for all services/products already provided. In case of withdrawal, $400.00 an hour is charged for all photography services already provided and $50.00 an hour is charged for all other services, consultations and all driving time, rounded up to the nearest half-hour.
15. LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Kirsten Cunningham Photography will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package.
16. PRICE PROTECTION
Kirsten Cunningham Photography warrants all prices quoted for Event images are valid for a period of six months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
17. EVENT MEALS
Client shall arrange with the caterer for a main meal to be provided to Photographer and 1 assistant (if applicable) for all packages over 5 hours. If meals are not provided the Client understands that the photographers will leave the venue for 30 minutes plus travel time in order to eat.
