This agreement is made between the Client and the Little Memory Lane, whose name and contact information are listed above.
1. Scope of Work:
Little Memory Lane and the Client are to arrive for the Photoshoot at the agreed time and location which will be confirmed 7 days prior to the photoshoot. Refer to the invoice for details regarding products, inclusions, and fees.
2. Retainer and payment:
Upon your signature, Little Memory Lane will reserve the time and date agreed upon, and will not make other reservations for that time and date. The Client shall make a non-refundable deposit of 25% to Little Memory Lane to perform the services specified in the invoice.
Upon payment, Little Memory Lane will reserve the time and date agreed upon by both parties exclusively for you. The full amount + any agreed upon additional travel fees must be paid at least 7 days prior to the date of Photoshoot. No services will be made until full payment is made. In the event that payment is dishonoured after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.
3. Work Product:
All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than 3 weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. When the online gallery is delivered, it shall remain open for 14 days from delivery date. Requests for additional photographs or changes to images shall be made within 14 days following delivery of the online gallery. The Client may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of Little Memory Lane. Personal social media use and printing purposes are granted.
4. Rescheduling/Late Arrivals:
4.1 - In the event that the Client requests to reschedule its session on account of illness, emergency, or any cause outside its control, the deposit will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled Photoshoot (or reasonable notice in the case of an emergency).
4.2 - Requests to reschedule by the Clients for any reason other than a reason under clause 4.1 is at the discretion of Little Memory Lane.
4.3 - An additional $50 rescheduling fee must be paid by the Client on making a rescheduling request and Little Memory Lane will be entitled to retain all amounts paid under this contract until the rescheduled Photoshoot.
4.4 - The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by Little Memory Lane and Client in writing) and is subject to the availability of Little Memory Lane. Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time beyond the scheduled end time will be billed to the Client .
5. Cancellation:
If the Client cancels this agreement, giving less than 24 hours notice prior to the date of the Photoshoot or fails to show on time, all payments made to Little Memory Lane will be forfeited and released to Little Memory Lane unconditionally.
6. Indemnification:
6.1 - Little Memory Lane and the Client agree that Little Memory Lane is under no obligation to capture any specific moment or pose or person(s) during the Photoshoot. Little Memory Lane is not responsible for compromised coverage due to causes beyond the control of Little Memory Lane including but not limited to obtrusive guests, lateness of the Client or guests, weather conditions, schedule complications, incorrect addresses provided to Little Memory Lane, restrictions of the locations.
6.2 - Unless specifically requested in writing prior to the commencement of the Photoshoot, Little Memory Lane is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the Photoshoot; or for failure to deliver images of any specific individuals or any specific objects at the Photoshoot.
6.3 - If Little Memory Lane is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, or any cause outside its control: Little Memory Lane will make reasonable efforts to reschedule, or if unable to do so, arrange a substitute Photographer who is prepared to perform the services under this contract for the price agreed in this contract. If Little Memory Lane is unable to perform services; Little Memory Lane will return in full all payments made by the Client to Little Memory Lane in relation to this Photoshoot unable to reschedule or if a substitute photographer cannot be found; If the fees to be charged by the substitute Photographer exceed the fees payable by the Client under this contract, the Client will be entitled to elect: to engage the substitute photographer (in which case, the Client shall be liable for any additional fees charged by the substitute photographer); or to require Little Memory Lane to return in full all payments in accordance with subparagraph 2 above.
6.4 -Little Memory Lane reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of Little Memory Lane and does not constitute a breach of this agreement. Little Memory Lane warrants the substitute photographer to be of comparable quality and professionalism.
6.5 - If Little Memory Lane is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Little Memory Lane, Little Memory Lane will not be liable for any consequential loss arising from the non-delivery, and the liability of Little Memory Lane to the Client should be limited to the repayment of amounts paid to Little Memory Lane under this Agreement.
6.6 - The Client understands and agrees that Little Memory Lane is not required to maintain copies of the photos from this Photoshoot 14 days after the online gallery has been delivered to the Client. The Client will have 14 days after gallery delivery to make Little Memory Lane aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-day term has expired, Little Memory Lane will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by Little Memory Lane if requested by the Client but the hourly fee of $60.00 per hour plus GST for retouching will be billed with a minimum of one hour required.
6.7 – The Client agrees to indemnify and hold Little Memory Lane (and all of its staff, contractors and volunteers) harmless for any and all personal injury which may occur during the course of the Photoshoot.
6.8 – The Client agrees to indemnify Little Memory Lane (and all of its staff, contractors and volunteers) harmless from and against all losses and damages, including claims legal, equitable or statutory arising from or in connection with this agreement.
6.9 – Little Memory Lane retains the right of discretion in selecting the photographic materials released to the Client.
6.10 - The final post production and editing styles, effects, and overall look of the images are left to the discretion of Little Memory Lane.
6.11 Little Memory Lane reserves the right to terminate coverage and leave the location of the Photoshoot if Little Memory Lane experiences inappropriate, threatening, hostile or offensive behaviour from anyone at the Photoshoot; or in the event that the safety of Little Memory Lane is in question. If Little Memory Lane leaves the Photoshoot in accordance with this clause, Little Memory Lane will not be liable to refund any amount to the Client, but will be obliged to provide the Client with photographs taken by Little Memory Lane prior to Little Memory Lane leaving the Photoshoot.
7. Timeline and Schedule:
7.1 The Client agrees to confirm the schedule one-week prior to the Photoshoot. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from Little Memory Lane by the Client. Little Memory Lane is not responsible for creating or managing the timeline on the day. If Little Memory Lane must stay over the agreed number of hours, an additional fee of $100 plus GST per hour, per photographer will be charged to the client.
8. Permissions and permits:
The Client will obtain all permissions necessary for Little Memory Lane to photograph at the Photoshoot. Little Memory Lane has no duty to obtain permission of reception centres, churches, buildings, properties, national parks or other locations. The Client understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent Little Memory Lane from photographing the Photoshoot is not the fault, liability, or responsibility of Little Memory Lane and the Client agrees: To pay Little Memory Lane an amount equal to any fine which may be imposed upon Little Memory Lane as a result of the Client’s failure to obtain any required permission; and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of the Client to obtain any required permission.
9. Exclusive Photographer:
The Client agrees and understands that no other party other than Little Memory Lane and assistant may take pictures of any poses, lighting situations, or setups made by Little Memory Lane. This slows down Little Memory Lane’s work and violates Little Memory Lane’s intellectual property in the composition of pictures of the Photoshoot. The Client agrees to do all things reasonably requested by Little Memory Lane to ensure that no person(s) get in the way of Little Memory Lane or take pictures in these situations.
10. Copyright and Model Release:
10.1 Little Memory Lane shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media and/or studio. The Client releases Little Memory Lane from all claims and liability in relation to the photographs and any use by Little Memory Lane which is consistent with this agreement.
10.2 Should the images contain a child or children, the Client as parent or guardian of the child gives permission for the images to be used and published by Little Memory Lane, including for the purposes of the reproductions under clause 10.1.
10.3 If Little Memory Lane desires to make other commercial uses of the images to promote the commercial interests of any business other than the Little Memory Lane’s own business, Little Memory Lane must not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer
11. Social Media and Personal Use License.
In consideration of the payment of monies due under this agreement, Little Memory Lane grants the Client a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the Little Memory Lane as follows:
1. The Client may share the web or high res photos delivered by Little Memory Lane on the Client’s personal and business social media accounts, provided that in each such post the Client must credit/tag Little Memory Lane.
2. This license does not permit the Client to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe Little Memory Lane’s moral rights.
3. The Client may print web or high res photos delivered by Little Memory Lane or downloaded from the photo gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
12. Pricing & Additional Products:
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased. Gift Vouchers purchased at the requested and paid amount are to be used for a booking with Little Memory Lane within a 24 month period from purchase.
13. Contract Terms:
This agreement and associated documents are subject to change without notice. Little Memory Lane will public the most current version of this agreement on its website. Any queries regarding this document or its administration should be forwarded to Email.
ADELAIDE, SA
