Terms and Conditions

---

This page contains GEM Photography services Terms and Conditions:

1. Booking Deposit and Payment: The Client shall make a booking fee as per contract to retain the photographer to perform the services specified in the contract.
2. Cancellation: For jobs that include a booking fee: If the Client shall cancel this Agreement more than six (6) calendar days before the photo shooting day, any booking fee paid to the Photographer shall be refunded in full if the Photographer is able to re-book the same date. If the Photographer is NOT able to secure another client for the date, or if the cancellation occurs less than six (6) calendar days before the portrait date, the Client forfeits the booking fee.
3. Photographic Materials and Copyright: All photographic materials, such as original negatives, photos, or slides, shall be the exclusive property of the Photographer. The Photographer shall own the copyright in all images created and may use the work for samples, contests, exhibition, advertising and self-promotion. Usage outside the bounds of this agreement will require the Client’s consent.
4. Client’s Usage: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only as set forth under Special Usage Requirements. In such event, Client shall request that a copyright and credit notice for the Photographer be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
5. Social Media: This clause applies to all social media, including Facebook 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.
6. Failure to Perform: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return any funds previously paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
7. High-Resolution: Images deliverable in High-Resolution (or known as High-Res) are 300DPI .
8. GEM Photography keeps client files for up to 2 years after the photography session, and is not liable for any claims after this period. All client files will be deleted and backups will be purged after this period.
9. Liability: It is client’s responsibility to take care of the children; GEM Photography will not accept any responsibility due to any accident to children, games injuries or damage to public or private properties during the photo shooting indoors or outdoors.
10. It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the venue (Private events, private photo shooting sessions, etc.) while GEM Photography 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. 
11. 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 shall create a “shot list” of all shots that they require.
12. All deliverable images as per contract will have standard image editing (including: light skin retouch, light and colour adjustments). Any extra edits requested by the client will cost the client $35 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.
13. It is understood that Photographer is not responsible to fix photos to cover parts of your body that you do not wish to be seen in the photo, unless it was notified in advance to the photographer.
14. The photographer will be allowed reasonable breaks on long sessions at his own discretion, and bathroom breaks when necessary. 
15. 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 game  location, time, name of players). 
16. Photo Cooperation: In the event that the family/guests are taking photos, GEM Photography is not responsible for obstructed photos or photos ruined due to separate flashes going off or due to any other behaviour from guests. GEM Photography is not responsible for obstructed or ruined photos due to activities by other vendors and venue staff.
17. All the communications with the Photographer shall be made in English and in Writing (preferably by Email to contact@gemphotography.com.au).