1. Scope of Work:
Gro Australia agrees to provide no fewer than 30 photos for You (The Client) to view after the shoot, and is not required to provide more than this number of images. Gro Australia will perform basic post-processing or digital image editing services on these photos where artistically necessary.
2. Fees:
In consideration for the photography services provided by Gro Australia, You (The Client) agrees to pay the sum of the $150/hr +GST. You (The Client) agrees to pay the photographer a non-refundable initial payment totaling 50% of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. Gro Australia agrees to not advertise the availability of this same time slot to any other potential clients. If You (The Client) cancels this shoot for any reason, the initial payment will not be returned to You (The Client).
The balance of the payment for photography services must be paid in full no later than 7 days after the delivery of the final photos.
3. Work Product
Gro Australia will deliver proofs of photos to You (The Client) no more than three days after the date of the photoshoot. You (The Client) understands and agrees that proofs are the exclusive property of Gro Australia and You (The Client) has no right to these photos except for a license to review them, but not store the proofs.
Once You (The Client) has selected the photos to be edited, the final photos will be delivered within 14 days.
4. Indemnification:
4.1 – Gro Australia and You (The Client) agree that Gro Australia is under no obligation to capture any specific moment or pose or person(s) during the photoshoot.
4.2 – If Gro Australia is unable to perform the services in this contract due to any cause outside its control, You (The Client) agrees to indemnify the photographer for any loss damage, or liability; however, Gro Australia will return in full all payments made by You (The Client) to Gro Australia in relation to this photoshoot.
4.3 – You (The Client) agrees to indemnify and hold harmless Gro Australia for any liability, damage, or loss related to technological failure, including data loss.
4.4 – You (The Client) understands and agrees that Gro Australia is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to You (The Client).
4.5 – You (The Client) agrees to hold Gro Australia harmless for any personal injury which may occur as the You (The Client) poses or works with Gro Australia.
4.6 – Gro Australia will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of You (The Client).
5. Duty of You (The Client)
You (The Client) will obtain all permissions necessary for Gro Australia to photograph at the SHOOT. Gro Australia has no duty to obtain permission from reception centers, churches, buildings, properties, or other locations to operate thereon. You (The Client) understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the photographer from photographing the event(s) is not the fault, liability, or responsibility of the photographer.
6. Exclusive Photographer
You (The Client) agrees and understands that no other party other than Gro Australia may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. You (The Client) agrees to take responsibility for insisting that no person(s) get in the way of Gro Australia or take pictures in these situations.
7. Model Release
You (The Client) grants permission to Gro Australia and its assigns, licensees, and sublicensees, permission to use You (The Client)’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Gro Australia may use You (The Client)’s likeness and image on Gro Australia’s website or other advertising.