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. Payment is required to lock in your in studio photoshoot time slot at Studio Ree. (Full payment or deposit payment depending on package and what has been agreed)
1.2.Please note that this payment is subject to the terms listed below.
1.3 Ree reserves the right to charge fees for any service requested on an urgent basis (Less than 48 hours) or rescheduling fee with under 48 hours notice.
1.4 Please note that if you have ADD ONS payment is required before delivery of any images is required.
1.5 Client Responsibility: It is the Client's responsibility to arrive prepared, including with necessary products, props, outfits, models or branding material as discussed. The Photographer is not liable for incomplete results due to unpreparedness by the Client.
1.6 All payments are non-refundable. This includes deposits and full session payments. Refunds will only be offered under exceptional circumstances at the Photographer’s discretion.
2. Image / Content Selection:
2.1. The Photographer will select the selected images based on their professional opinion.
2.2. If the client would like to add on any additional images they will be charged per additional image. (Please request price per image or bulk cost to purchase additional images)
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 the personal preference of the Client's appearance is not substantial for dissatisfaction as it is out of the Photographer's control. Our focus is the quality of the image and creative direction.
3.3 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.
3.4. 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.
3.5 The Ree Studio will be charged at $300 per hour for an additional reshoot.
3.6 Where dissatisfaction can not be justified, reshoot fees will apply, starting at $250 per hour additional to the studio fee hire of Ree. The exact reshoot fee will be discussed and agreed upon before the reshoot commences. This excludes the studio cost.
4. Rescheduling and Cancellation
4.1. Requests for rescheduling must be made at least 48 hours before the confirmed photoshoot date via email only to avoid additional fees. 1x reschedule is permitted.
4.2 Rescheduling requests made more than 48 hours from the date of the photoshoot, may be rescheduled without penalty and no rescheduling fee once.
4.3 Where a request to reschedule is made within 48 hours days of the photoshoot, 50% of the shoot cost will be forfeited, therefore an additional 50% will be required to rebook as we can not fill your spot for another shoot within this time.
4.4 Where a request to cancel is made, your full payment 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. Request to hold credit and reschedule at a later date must be made more than seven (7) days prior to the confirmed shoot date and 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.
5. Client Etiquette:
Punctuality
Clients must arrive on time to ensure the session runs smoothly. If the Client arrives late, the lost time will be deducted from their scheduled session. If arrival is delayed beyond the booked shoot time, the session will be forfeited and the remaining balance will still be due in full.
Behaviour and Professionalism
We strive to maintain a positive, respectful and professional environment during every shoot. Clients are expected to conduct themselves courteously toward all team members. Any form of verbal abuse, disrespectful behaviour or unprofessional conduct will not be tolerated.
Right to Cancel
Ree Creative reserves the right to cancel or discontinue a photoshoot at any time if the Client’s behaviour or actions are inappropriate, unsafe or interfere with the creative process. In such cases, no images will be delivered and 50% of the remaining session fee will still be due. Depending on what was captured during the day and how much positive time there was at the shoot, the delivery may be reduced or forfeited. This is at the discretion of the Ree team.
Verbal and Physical Conduct
Clients and their guests must refrain from using inappropriate language, making personal remarks, or engaging in behaviour that could make staff or other participants uncomfortable. Our goal is to maintain a professional, creative and enjoyable atmosphere for everyone involved.
6.. 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. The Client may use the final images/content provided by the Photographer for personal or business marketing purposes as agreed upon. However, the Client must not sell, transfer, share, or license any of the images/content to third parties (including brands, suppliers, publications, or other businesses) without prior written permission from the Photographer.
This means that while the Client can use the images to promote their own business, they cannot give or sell the photos to another company, individual, or platform for their use without written approval.
7.. 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.
8. 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 Please note that professional retouching specifically with skin or editing out things within the image may incur an additional editing cost. We like to keep the edits natural but refined however will edit minor blemishes, stains and things in the space we deem necessary to showcase our work at it's best.
7.4 Editing that is standard practice includes lighting, sizing of images, cropping, noticeable blemishes or stains to ensure the quality of the image.
7.5 Editing Revisions: The Client is entitled to one round of minor revisions (e.g., basic colour correction, light retouching) per image. Additional changes or advanced retouching will incur a fee.
9. 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. The Express Photoshoot will be delivered within 2 business days unless agreed otherwise and 2 and 3 hours in studio shoots generally within 10-14 business days.
8.2. The Photographer is not responsible for any delays caused by technical issues or circumstances beyond their control. The Client will be notified if this is the case.
8.3 The Photographer will provide a gallery of finalised images or content curated at the Photographer’s selection via a Pixieset link.
8.4 Any additional editing or photography work requested beyond the agreed package will be invoiced at an hourly rate determined at the time of the request (from $150 per hour).
8.5 Ree Creative reserves the right to charge a $100 processing fee for any file retrieval request received more than 90 days after the booked photoshoot. This applies to finalised images only. All non-finalised or unedited images will be permanently deleted after 90 days for storage and privacy purposes.
8.6 RAW or unedited images will not be provided under any circumstance. Only finalised and edited images, as selected by the Photographer, will be delivered unless otherwise agreed to in writing.
8.7 File Delivery Format: Final images will be delivered in high-resolution JPEG format via Google Drive. Files will remain available for download for 90 days from the date of delivery.
8.8 Each package includes a specific number of final images. Any additional images requested beyond the package allowance will incur an additional fee per image, as extra editing time, file preparation and licensing apply.
10. Notification of Issues
9.1 If any technical issues arise during or after the shoot, the Photographer will promptly notify the Client. The Photographer will propose appropriate solutions, which may include rescheduling, reshooting, partial refunds or alternative compensation, based on the circumstances and mutual agreement with the Client.
11. Data Loss or Corruption
10.1 The Photographer will take all reasonable precautions to safeguard image files during capture, transfer and storage. However, the Photographer cannot be held liable for unforeseen data loss, file corruption or storage device failure. In the event of such an issue, the Photographer will promptly inform the Client and work to provide solutions, such as reshooting (if possible) or other agreed-upon remedies.
12. Liability
11.1. The Photographer shall not be liable for any damage, injury or loss caused to the Client or their property during the photoshoot location in Studio Ree. Damage to any items in the studio or the studio itself shall be covered by the client if client is at fault. This will be mutually discussed in writing.
11.2. The Client is responsible for their own safety and the safety of any individuals present (Excluding Ree team) during the photoshoot and at the studio space.
13.. Indemnification:
12.1. 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.
14. Feedback & Dispute Resolution
You understand and agree:
13.1 You will contact Ree immediately with any concerns so that they may be resolved quickly and effectively.
13.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:
13.3 You must advise Ree in writing the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
15. Marketing and Property Rights
14.1 Usage of Images and Videos
14.1.2 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.
14.1.2 Projects may be posted or uploaded by The Photographer once they are finalised, unless both parties agree otherwise in writing.
15.2 Non-Exclusive Agreement
14.2.1 The parties acknowledge that this agreement is non-exclusive.
14.2.2 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.
15.3 Intellectual Property Rights
14.3.1 The Photographer holds and retains all intellectual property rights of designs and prints, whether complete or incomplete.
14.3.2 The Photographer reserves the right to reuse any ideas or cancelled artwork for additional or subsequent projects.
15.4 Commercial Rights for Clients
14.4.1 Once the project has been finalised, all clients will receive commercial rights to use their designs for marketing and print purposes.
16. Force Majeure
15.1The Photographer shall not be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, equipment failure, illness, government restrictions, or pandemics. In such cases, the Photographer will reschedule the session at a mutually agreed time.
17. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of NSW Australia and both parties submit to the jurisdiction of its courts.
18. Definitions
For the purposes of this Agreement:
-
Finalised Images refer to the edited images selected and delivered by the Photographer.
-
Add-ons refer to any extra services, such as additional edited images or express delivery, not included in the base package.
-
Urgent Basis means any service request within 48 hours of the shoot date.
-
Express Photoshoot refers to the shorter studio session package with expedited delivery (within 2 business days).
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.