Please read the Clements and the Fox Services Agreement:
As an honest and reliable small business we strive to always do our best to be transparent and forthcoming at all times. We aim to provide quality service and look forward to working with you on your upcoming event. Below are the terms that we use to help guide us in making good decisions for both our clients, and ourselves. Our door is always open for a conversation. Please take the time to read through the following agreement by Clements and the Fox.
1. Co-operation & Shooting Times:
In order for the best possible images to be captured, and for our services to be seamless, we require positive cooperation and respectful communication from our couples and their guests at all times. Clements and the Fox is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed footage due to details not revealed to Clements and the Fox. Punctuality is therefore essential, and shooting commences at the scheduled time. Should the ceremony start late due to any reason whatsoever, Clements and the Fox will not be held liable for any footage not taken.
Clements and the Fox agrees to keep images in the couples private online gallery for 6 months, after which point Clements and the Fox is no longer responsible for keeping an archive of the images. It is therefore impressed upon couples to ensure that multiple backup copies of their images are made, before this time period is over.
3. Payment & Additional Hours
The couple agree that initial payment is made to Rituals by Joleen. Should the couple wish to extend their photography coverage on the day of their ceremony, additional hours may be purchased at $500 per hour thereafter. If additional hours are requested, the final images will be delivered in the couples private online gallery after any outstanding payments are made.
4. House Rules & Warranties
Clements and the Fox as photographer, is limited by the guidelines of the ceremony official or the venue site management. Couples agree to accept the technical results of their imposition on the photographer. Negotiation with any officials for moderation of guidelines is the couple's responsibility; Clements and the Fox will offer technical recommendations only. Couples warrant that they have obtained and paid for any necessary clearances, permits, consents and licences in relation to the Wedding, the venue and chosen photography locations. Clements and the Fox will be the exclusive Professional Photographer at the Wedding and will provide the services under this agreement (there are no restrictions on guests taking personal photographs). Couples agree to ensuring a safe working environment for Clements and the Fox and any assistants or second photographers working under Clements and the Fox. Where misconduct by the couple, or any of their guests, vendors or attendees, (including threatening, hostile or offensive behaviour), interfere with, or adversely affects the safety of Clements and the Fox and her assistants/second photographer's property or quality of work, Clements and the Fox reserves the right to refuse to provide the services provided under this agreement, and to immediately terminate this agreement, in which case no fees will be refunded. Clements and the Fox warrants that all services will be carried out with professionalism, care and due diligence.
All images are chosen at the sole discretion of Clements and the Fox and any artistic interpretations by Clements and the Fox, will be deemed acceptable and correct, including the supply of black and white images, colour correction, and exposure adjustments. And additional requests for editing from the couple after receiving their final photographs, including the removal of skin blemishes, scars, birthmarks (Additional Editing) will be charged on a time-spent basis at an hourly rate of $100 per hour.
6. Copyright license & social media
Artworks produced by Clements and the Fox are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the explicit written permission of Clements and the Fox. Upon final payment by the couple, full copyright ownership of the resulting images will be licensed to the couple under the following conditions:
- The footage is the property of the couple for personal use only and for the purposes of the reproduction and distribution of the photographs to friends and relatives. Images may not be used in any kind of advertising (including online), promotional material or used in competitions without expressed written consent from Clements and the Fox.
- The couple must obtain written permission from and compensate Clements and the Fox prior to an event where the couple, and/or their friends or relatives publish or sell the photographs/s for profit.
- All images posted online, including social media, by the couple, and their friends, family and guests is permitted, given that photographs contain the phrase ‘Photography by Clements and the Fox’, for copyright purposes. For example, when posting an image on Facebook, it is to be credited as "Photography by Clements and the Fox" and when posting images on Instagram, a tag should be made directly underneath the image section with wording as "Photography by @clementsandthefox", for copyright purposes. This is to ensure copyright is appropriately maintained when images are shared by third parties.
7. Sharing Images with Vendors
With the couple's approval, Clements and the Fox will share approved images with any vendors (ie hair & makeup artists, florists, dressmakers, caterers, stylists, celebrant/priest’s, Dj’s, Venues, Car Hire and any other businesses involved in the services of your event) and will ask them to adequately reference Clements and the Fox online and on social media. If the couple notice any vendors not adhering to this, we please ask that a gentle reminder be sent to them or let Clements and the Fox know so that they can be followed up.
8. Model Release
The couple hereby assigns and grants Clements and the Fox the unrestricted right to use and publish photographs of the couple or in which the couple may be included, for promotional, marketing and/or advertising purposes. It is agreed that Clements and the Fox may display and use the photos taken, for social media and online display purposes including website, blog, pdfs, articles, magazine advertising, internet promotion, contests and any other purpose thought proper by Clements and the Fox. If privacy is of concern, the couple are responsible for communicating these concerns to Clements and the Fox, whereby a conversation can take place about image use by Clements and the Fox.
9. Completion Schedule
Photo editing processing takes approximately 4 - 6 weeks, after which time, the photographs will be uploaded to a private online gallery. The password and gallery link will be sent to the couple with High Resolution and Websize images available for download. Online galleries will be available for 6 months after the gallery has been delivered.
Albums which are designed and ordered with Clements and the Fox include up to three rounds of online revisions and require final approval from the couple, via signature, before Album/s are sent for printing & production. Album/s which are not approved by the couple within 6 months of receiving their final images, will be digitally archived and will attract a $350 retrieval fee to recommence the design of the Album.
11. Limit of liability
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. Clements and the Fox will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this agreement at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package. Clements and the Fox takes the utmost care with respect to exposure, transportation and processing of photographs, including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the couple's photographs being lost, stolen or destroyed for reasons within or beyond Clements and the Fox control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the agreed upon price. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
12. Liability Cap
Under no circumstances will Clements and the Fox's liability under this agreement for any loss or claim exceed the amount of fees paid by the Client.
Although every possible care will be taken to produce photographs of all important and special events during the wedding ceremony, Clements and the Fox cannot place an unconditional guarantee on the above. Clements and the Fox will not be held responsible for any ruined footage due to guests’ (or any other) flashes; iPads; iPhones; camera's; video-recording equipment; or any other ruined photographs due to any other cause in or outside of Clements and the Fox’s control.
The performance of this contract on behalf of Clements and the Fox shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by the couple and Clements and the Fox at the time of acceptance of this contract shall be recognised as amendments to this contract.
Last updated: 14th July 2023