Portrait Session Agreement

Clements and the Fox Services Agreement

As an honest and reliable small business we strive to do our best and always be transparent and forthcoming at all times. We aim to provide a 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. Booking & Payment

Upon making payment you are agreeing to our terms of service as laid out here. Upon booking we will exclusively reserve your session time & date. We accept bank transfer and online card payment. To avoid card fees you may transfer to the following bank account:

Clements and Co Family Trust
BSB: 633 000
Acc: 168 097 087

If this is your preference, please email us first. When making an online bank transfer please quote your FULL NAME so we know it’s you. Proof of ‘payment received’ can be sent upon request).

2. Rescheduling, Cancellations & Refunds

We are flexible and accommodating with rescheduling your photoshoot.

No fees are charged if a session is rescheduled with 7 days notice, for another agreed upon date, to take place within 6 months of the original booking date, of which we are available and able to photograph. Re-scheduling of dates (with 7+ days notice) may be allowed up to three times, after which time 50% of the booking payment will be forfeit, and Clements and the Fox will have no further obligation to provide the service.

Full refunds will be granted if a session is cancelled with 7+ days notice. If a session is cancelled by you with 48+ hours notice, a late-cancellation fee of 50% will be charged. Full session amounts are forfeit, for cancellations with less than 48 hours notice, including no-shows.

If there is an extreme weather warning, and we advise a change in your session date, no cancellation fees will be charged and no refunds made.
If we are unable to photograph your session, we will find a replacement photographer to stand in for us or make arrangements to reschedule your session. If we are unable to find a replacement photographer, we will allow a full refund.

Please allow up to 30 days for refunds.

3. 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 clients 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 session start late due to any reason whatsoever, Clements and the Fox will not be held liable for any footage not taken.

4. Inclusions + Term

30min portrait sessions include 30 x High Resolution downloads in a private online gallery
1 hour portrait sessions include 60 x High Resolution downloads in a private online gallery.
1.5 hour couples sessions include 80 x High Resolutions download in a private online gallery.
2 hour hang out sessions include 120 x High Resolution downloads in a private online gallery.

Clements and the Fox may deliver more than the set images in the final gallery. You will have the option to purchase additional images through the gallery if you wish. Additional image downloads, prints, frames and art books are priced at the current cost of pricing, as per the gallery.

Clements and the Fox agrees to maintain the online gallery for 6 months, after which time Clements and the Fox will move to archive the gallery. Gallery archival retrieval fees are $350. It is therefore impressed upon the client to ensure that multiple backup copies, prints and art books of their images are made before this time period is over. Clients will receive an automatic reminder 7 days before the gallery is due to expire.

Clements and the Fox reserves the right to no longer maintain backups/archives 12 months after the session has occurred.

5. House Rules & Warranties

Clements and the Fox as photographer, is limited by the guidelines of private and public locations. Clients agree to accept the technical results of their imposition on the photographer. Negotiation with any officials for moderation of guidelines is the clients’ responsibility; Clements and the Fox will offer technical recommendations only. Clients warrant that they have obtained and paid for any necessary clearances, permits, consents and licences in relation to their session and chosen photography location. Cleint/s 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 client, 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.

6. Appearance

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. Any additional requests for editing from the Client 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 $110 per hour.

7. 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 Client, full copyright ownership of the resulting images will be licensed to the Client under the following conditions:

– The images are the property of the Client 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 Client must obtain written permission from and compensate Clements and the Fox prior to an event where the Client, and/or their friends or relatives publish or sell the photographs/s for profit.

– All images posted online, including social media, by the Client, and their friends, family and 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.

8. Model Release

The Client hereby assigns and grants Clements and the Fox the unrestricted right to use and publish photographs of the Client/s or in which the Client/s 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 Client is 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 6 – 8 weeks, after which time, the photographs will be uploaded to a private online gallery, available online for 6 months.

10. Fine Art Books

Fine Art Books which are designed and ordered with Clements and the Fox include up to three rounds of online revisions and require final approval from the Client, via signature, before being sent to production. Fine Art Books which are not approved by the Client 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 Art Book.

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 Associate 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 Client’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.

13. Non-guarantee

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.

14. Performance

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.

15. Severability

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.

16. Amendments

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 Client and Clements and the Fox at the time of acceptance of this contract shall be recognised as amendments to this contract.

Last updated: 11th March 2024