These terms and conditions ("Agreement") shall govern the business photoshoot between Ree Creative (referred to as "Photographer" or "we") and the client (referred to as "Client" or "you"). By booking and participating in the photoshoot, the Client agrees to adhere to the following terms and conditions:
1. Booking and Payment:
1.1. A 50% non-refundable deposit is required upon booking to secure the photoshoot date and time. The remaining balance shall be paid on or before the day of the photoshoot.
1.2. In the event that the Client fails to make full payment on the day of the photoshoot, the Photographer reserves the right to withhold all images until payment is received in full.
1.3 Ree reserves the right to charge a fee of up to 50% premium on any service fee requested on an urgent basis. (Under 48 hours)
1.4 A late fee of 10% may apply if full payment is not received within 7 days after the scheduled shoot date.
1.5 Client Responsibility: It is the Client’s responsibility to ensure all products, props, models, branding materials or other assets required for the shoot are ready and on-site at the agreed time. The Photographer is not responsible for incomplete results due to lack of preparation.
2. Image / Content Selection:
2.1. The Photographer will provide the Client with a selection of edited images/content based on the package agreed upon.
2.2. The Client may choose the final images from the selection provided by the Photographer if provided more than the agreed upon amount of images/content. Generally the Photographer will provide the exact amount based on their professional opinion.
2.3. Additional images beyond the agreed-upon package may be available for purchase at an extra cost.
2.4 RAW or unedited images will not be provided under any circumstances unless expressly agreed in writing.
3. Reshoot / Dissatisfaction
3.1. In the event the Client is genuinely unhappy with the final images and can provide reasonable and detailed reasons for the dissatisfaction, evidenced by the agreed brief, the Photographer may offer reasonable solutions at their discretion, free of charge, to address any issues.
3.2 Please note that while we make every effort to fulfil the set brief, Ree Creative has its own distinct photography and content style. We will style the shoot to showcase your brand and products in the best possible way.
3.3. Due to the nature of this service and copyright restrictions, we cannot guarantee specific photos or exact replication of other photographer's imagery. Our goal is to create unique imagery that aligns with your brand's vision.
3.4 Please note that studio fees will not be covered by Ree Creative in the event of a reshoot.
3.5 Where dissatisfaction can not be justified, reshoot fees will apply, starting at $250 per hour. The exact reshoot fee will be discussed and agreed upon before the reshoot commences.
3.6 Creative Direction: The Client acknowledges that the Photographer has a defined visual style. Creative direction decisions made during the shoot are final unless previously discussed.
4. Rescheduling and Cancellation
4.1. Requests for rescheduling or cancellation must be made at least 48 hours before the confirmed photoshoot date via email only.
4.2 Rescheduling requests made more than 48 hours from the date of the photoshoot, may be rescheduled without penalty and no rescheduling fee will apply. Please note that all bookings whether rescheduled or paused, will expire 6 months after the purchase date.
4.3 Where a request to reschedule is made within 48 hours days of the photoshoot, a reschedule fee of $250 may apply.
4.4 Where a request to cancel is made, your 50% deposit will be forfeited.
4.5 Every effort will be made to accommodate your preferred reschedule date; however, your preference is not guaranteed and will depend on availability.
4.6 From time to time, the Photographer may need to reschedule a photoshoot. In such cases, a mutually convenient rescheduled date will be negotiated with the Client.
4.7 Credit will only be applied upon mutual agreement of the Photographer and Client. Credit will be held for 6 months from the initial deposit date before expiring.
4.8 In the event of inclement weather or unforeseen circumstances preventing the photoshoot from taking place, the Photographer and Client shall agree on a new date without penalty.
4.9 4.9 Client Punctuality: The Client must ensure they or their representatives arrive on time at the agreed location. Delays caused by the Client may reduce the total shoot time without compensation.
5. Copyright and Usage
5.1. The Photographer retains full copyright ownership of all images taken during the photoshoot.
5.2. The Client is granted a non-exclusive license to use the images for personal or promotional purposes.
5.3 Commercial Use: The Client receives a non-exclusive, non-transferable license to use final images for commercial purposes including marketing, advertising and online platforms. No resale or licensing to third parties is allowed.
5.4 Credit: While not mandatory, credit to Ree Creative (@studioree.syd and @reecreative) is appreciated when images are used online.
6. Model Release
6.1. The Client and any models selected by the Client grants Ree Creative the irrevocable and unrestricted right to use and publish images from the photoshoot for marketing, advertising and promotional purposes.
6.2. If any individuals other than the Client are featured in the images, the Client must obtain their consent for usage and agree to indemnify the Photographer against any claims related to the usage of the images.
6.3 The Client confirms that any third-party models or talent used in the shoot have given permission to be photographed and for their image to be used in accordance with these terms.
7. Image Editing and Processing
7.1. The Photographer will use professional judgment to select and edit the images/content provided to the Client.
7.2. Any requests for additional editing or special effects beyond the Photographer's standard practices may incur additional charges.
7.3 Standard editing includes lighting, cropping, colour correction and light blemish removal. Requests for background cleanup, skin smoothing or object removal will be charged at $100 per image unless stated in the package.
8. Delivery of Images and Content
8.1. The finalised images and content will be delivered to the Client digitally within a reasonable timeframe after the photoshoot. Generally 7-10 business days from the shoot date unless discussed otherwise.
8.2. The Photographer is not responsible for any delays caused by technical issues or circumstances beyond their control.
8.3 The Photographer will provide a folder of finalised images/content at the Photographer's selection via a gallery link.
8.4 Additional editing or photography work will be invoiced at an hourly rate determined at the time of the request. (From $250 per hour)
8.5 Ree reserves the right to charge $100 to process any file retrieval request received 90 days from the booked photoshoot. (For finalised images only) Ree will ONLY store finalised images, other images from the shoot will be deleted indefinitely for storage purposes.
8.6 Images are delivered in high-resolution JPEG format via an online gallery. The Client is responsible for downloading and backing up their files. Ree Creative is not obligated to retain copies beyond 90 days.
8.7 RAW or unedited images will not be provided under any circumstance. Only finalised, edited images selected by the Photographer will be delivered unless otherwise agreed in writing.
9. Liability
9.1. The Photographer shall not be liable for any damage, injury or loss caused to the Client or their property during the photoshoot.
9.2. The Client is responsible for their own safety and the safety of any individuals present during the photoshoot.
9.3 The Client agrees to take full responsibility for any damage caused by them or their team to the Photographer’s equipment or the location during the shoot.
10. Indemnification:
10.1. The Client agrees to indemnify and hold harmless Ree Creative, its employees and representatives from any claims, liabilities or expenses arising out of the Client's participation in the photoshoot or the use of the images.
11. Feedback & Dispute Resolution
You understand and agree:
11.1 You will contact Ree immediately with any concerns so that they may be resolved quickly and effectively.
11.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:
11.3 You must advise Ree in writing the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
11.4 In case of unresolved disputes, both parties agree to attempt mediation before pursuing legal action.
12. Marketing and Property Rights
12.1 Usage of Images and Videos
12.1.1 The Photographer reserves the right to use images or videos of all designs, creative work and prints for marketing purposes, including but not limited to Social Media, Website and Advertising.
12.1.2 Projects may be posted or uploaded by The Photographer once they are finalised, unless both parties agree otherwise in writing prior to the shoot.
12.2 Non-Exclusive Agreement
12.2.1 The parties acknowledge that this agreement is non-exclusive.
12.2.2 Both The Photographer and the Client are free to engage or contract with third parties for similar services during and after the term of this agreement.
12.3 Intellectual Property Rights
12.3.1 The Photographer holds and retains all intellectual property rights of designs and prints, whether complete or incomplete.
12.3.2 The Photographer reserves the right to reuse any ideas or cancelled artwork for additional or subsequent projects.
12.4 Commercial Rights for Clients
12.4.1 Once the project has been finalised, all clients will receive commercial rights to use their designs for marketing and print purposes.
13. Force Majeure
The Photographer shall not be held liable for cancellations or delays due to events outside of their control including illness, weather, equipment failure, or force majeure. In such cases, the session will be rescheduled without penalty.
14. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of NSW Australia. Both parties submit to the jurisdiction of its courts.
By proceeding with the booking and payment of the deposit, the Client acknowledges that they have read and understood these terms and conditions and agree to be bound by them.