Term and conditions

Definitions

The Photographer is the Company providing the photography service - MWS Photography operating as part of Osorno Communications Ltd.

The Client  refers to the person(s) paying the Photographer for the photography services.

Booking refers to the Photographer receiving the initial payment for the Shoot.

The Shoot refers to the photography activity undertaken by the Photographer at the Client’s event.

Photographs refer to digital image files taken at the Shoot.

The Booking Instructions Email refers to the email that is sent by the Photographer to the Client to set out the photography services that will be delivered to the Client concerning the Event.

1. Services provided under these terms and conditions

These terms cover services and products related to a photography Shoot to take place at the date, time and venue agreed with the Client upon Booking. 

The detail of the services provided will be set out in the booking email (hereafter the ‘’Booking Instructions Email’’) from the photographer to the Client. The Photographer will send the Booking Instructions Email to the Client before taking the initial payment which will confirm the Booking.

2. Fees and payment schedule

In consideration for the photography services provided by the Photographer, the Client agrees to pay the Photographer according to the payment schedule set out in the Booking Instructions Email. 

The standard payment schedule is usually 50% of the total amount owed to create the Booking, which is non refundable, and 50% of the outstanding balance in the week before the event.  

Please refer to the Booking Instructions Email for your own payment plan.

In return for receiving the initial payment, the Photographer will reserve the date and stop advertising this date to other potential Clients.

  3. Delivery of the Photographs to the Client

The Photographer endeavors to deliver the Client’s Photographs in the agreed number, format and timeframe set out in the Booking Instructions Email.

The standard delivery timeframe is two weeks for the finished Photographs, and no later than four weeks. Please refer to the Booking Instructions Email for your own service agreement.

4. Image rights and release

 The Client understands and agrees that the images are the exclusive property of the Photographer until delivery of the final Photographs to the Client in the agreed format.

Once the Photographs are delivered to the Client, the Client may (depending on the service purchased, set out in the Booking Instructions Email) be able to download and use the images for their own purposes including printing and distributing to friends and family. 

However if the Client wishes to use the Photographs for social media, they will not be edited in a way which changes the style of the Photographs (including applying filters, changing colours, brightness, contrast, etc) and if they are used on social media they will credit the Photographer’s social media account (@markwsphoto if using Instagram).

The Client grants permission to the Photographer to use the Client’s image for commercial, advertising, trade or personal use; for example, for use in social media posts or on the Photographer’s website.

The Photographer will not sell images containing the Client’s likeness to third parties.

5. Indemnification

The Photographer will endeavour to deliver the Photographs in a particular style or format as discussed with the Client. The Photographer will also offer the ability for Clients to suggest particular shots and moments that they want captured.

The Client agrees that the Photographer is under no obligation to capture any specific moment, pose or person(s) during the Shoot, and also cannot guarantee the style requested by the Client can be achieved.

The Client agrees to take reasonable steps to ensure that no person(s) get in the way of the Photographer during the Shoot, and understands that this will impact on the quality and delivery of the final Photographs. 

If the Photographer is unable to perform the services in this contract due to any cause outside its control, the Client agrees to indemnify the Photographer for any loss damage or liability; however, the Photographer will return in full all payments made by the Client to the Photographer in relation to the Shoot.

The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure, including data loss; and for any personal injury which may occur as the Client poses or works with the Photographer. 

The Client understands and agrees that the Photographer is not required to maintain copies of the Photographs from this Shoot from 6 months after the Photographs have been delivered to the Client. 

6. Permission to shoot

The Client will obtain all permissions necessary for the Photographer to photograph at the Shoot.

The Photographer has no duty to obtain permission of the venue(s) for the event and the Client understands and agrees that any failure to obtain these permissions resulting in fines to the Photographer, or which prevents the Photographer from photographing the event(s) is not the fault, liability, or responsibility of the Photographer.

7. Assignability and Parties of Interest

The Client agrees and understands that, unless otherwise specified in this Contract, the Client is not contracting for a personal service that will be performed by any specific Photographer. 

The Photographer may sub-contract or assign this contract to any second-shooter, and the Photographer may assign any photographer associated with the Shoot to perform its duties under this contract.  

All photographers used under this Contract must be capable and competent to perform the services in a workmanlike manner. 

8. Exclusivity

The Client agrees to notify the Photographer at the time of Booking if they are using or planning to use the services of any other photographer or videographer.  If, after Booking, the Client intends to book any additional photographers or videographers, they must get the Photographer’s permission before doing so.