Capturing Memories For Forever

Generational Photography Terms and Conditions and Gift Certificate

Summary

Generational Photography has expertise in and specialises in professional photography for generational shoots (Services).
You have engaged Generational Photography to provide the Services outlined in the contract agreement.
By continuing to work with Generational Photography after receiving these terms and conditions, You warrant that you have read and accept the terms set out in these Photography Terms & Conditions and the Schedule that follows (Agreement).

The Parties agree and declare as follows

Commencing and Completing the Services

(a) Generational Photography agrees to perform the Services for You, for the Fees, on the Dates (if any) as set out in the contract agreement.

(b) The Services are set out as per the contract agreement.

(c) If Generational Photography foresees being unable to complete the Services, alternative arrangements will be made by agreement of the parties. If Generational Photography cannot complete the Services for whatever reason, Generational Photography will discuss this with you, and alternative arrangements will be made for the Services.

(d) If Generational Photography is required to vary the description of the Services, Generational Photography will discuss this with you and confirm any variation in writing.

Fees and Payment

(a) You agree to pay Generational Photography the Fees and any out of pocket expenses as set out per the contract agreement.

(b) The Fees do not include printed copies of the photographic works produced by Generational Photography (Photographic Works). Generational Photography will provide you with a dropbox link containing the Photographic Works in completing the Services.

(c) The Fees payable to Generational Photography to perform the Services and to provide the Photographic Works may be adjusted from time to time as agreed by the Parties in writing (including email) on account of changes in the nature of the Services to be Performed by Generational Photography.

(d) You agree to make Payment of the Fees by the method prescribed in the contract agreement, and any invoices issued to You.

(e) If any payment is not made in full on the due date, Generational Photography is entitled to charge You interest at the rate of 5% per annum, calculated daily. You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Generational Photography for steps taken to enforce payment terms will be recoverable and payable by You.

(f) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

Copyright (Photography Works and any digital and print copies made by You)

(a) You acknowledge and agree that all copyright in relation to the Services and Photographic Works is the property of Generational Photography. You will take all such steps as practicable to ensure that the copyright will vest and remain vested in Generational Photography.

(b) Generational Photography grants to You a non-exclusive, non-transferable, royalty-free, perpetual license to use the copyright owned by Generational Photography in relation to the Photographic Works for personal use only. For the sake of clarity, You or any third party is not permitted to copy, photocopy, laser copy, or scan the Photographic Works or utilise the Photographic Works for commercial use.

(c) Unless otherwise agreed, You acknowledge that Generational Photography is permitted to use any of the Photographic Works on her website, blog, portfolio, galleries, or for promotional purposes.

Moral Rights

Generational Photography asserts moral rights, including attribution rights, in respect of the Photographic Works. Generational Photography would be grateful if you included a credit line acknowledging Generational Photography’s name should you share or display the Photographic Works on social media.

Storage and Backup

You acknowledge that You are responsible for the storage and backup of the Photographic Works supplied by Generational Photography.
While Generational Photography will maintain digital files of the Photographic Works for 6 months and comply with usual backup procedures upon delivery of the Photographic Works, Generational Photography will not be liable under any circumstances if unable to produce the backups or future reproductions of the Photographic Works upon a request by You.
Where back-ups are available, these may be made available to You for a fee to be agreed in writing.

Warranty Period for the Services

Generational Photography will use their best efforts and take all reasonable steps to help You achieve the desired results. However, Generational Photography makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
The Services come with guarantees that cannot be excluded under the Australian Consumer Law. For significant failures with the Service, You are entitled to cancel Your contract with Generational Photography and are entitled to a refund for the unused portion of the Services. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to difficult situations where a service is unfit for the purpose.

Privacy

As part of creating the Photographic Works, Generational Photography may collect and retain personal information about You. Any personal information will be obtained, retained, and used in accordance with Generational Photography’s Privacy Policy which can be found on Generational Photography’s website.

Termination of this Agreement

Either party may terminate this Agreement for any breach of this Agreement by the other party by providing 7 days written notice by email.
Either party may terminate this Agreement for any reason whatsoever by providing 30 days notice to the other party by email.
If this Agreement is terminated, You agree to pay Generational Photography for the portion of the Services completed up to the date and time of termination.

Rescheduling and Cancellation of Services

Upon booking, You agree to pay a non-refundable deposit to Generational Photography as outlined per the contract agreement.
Any requests to cancel the Services must be made in writing and provide at least 30 days notice to Generational Photography.
If less than 30 days notice of cancellation is provided to Generational Photography, You will be required to pay the total sum of Fees to Generational Photography.
Generational Photography understands that things change. If you need to make a reschedule request please do so in writing at least 30 days prior to your booked date, via email to [email protected]. Generational Photography will use their best endeavours to accommodate any rescheduling request, subject to availability.

Indemnity

You agree to indemnify Generational Photography for any loss, claim, damage, or expense suffered or incurred as a result of any breach by You of this Agreement, any infringement of copyright of any person, or steps taken by Generational Photography to recover unpaid money under this Agreement.

Release

You agree to release Generational Photography from any and all liability relating to the colour reproduction of supplied works on any system not under the direct control of Generational Photography.
Except as provided by under Australian Consumer Law, Generational Photography will not be liable for any loss or damage arising by reason of any delay in the completion of the Services or provision of the Photographic Works; any loss of profit or revenue; any indirect or consequential loss or whatever nature; or any loss resulting from any errors or omissions arising from an oversight or misunderstanding of instructions provided by You or from the following: faulty material, equipment failure, damaged and exposed film, loss of film/photos/negatives/digital files in transit between Generational Photography and professional laboratories employed by Generational Photography, loss or damage to film, negatives/digital files and proofs during processing and developing either by Generational Photography or professional laboratories employed by Generational Photography.

Force Majeure

If circumstances beyond Generational Photography’s control prevent or hinder its provision of the Services or cause loss or damage, Generational Photography is free from any obligation to provide the Services while those circumstances continue. Generational Photography may elect to terminate this Agreement or keep the Agreement on foot until such circumstances have ceased.
Circumstances beyond Generational Photography’s control include but are not limited to, shortage of labour, pandemics, strikes, lockouts, hospital restrictions, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, failures or malfunctions of computers or other information technology systems.
For the sake of clarity, if, in Generational Photography’s reasonable opinion, the provision of the Services will be affected by a pandemic, Generational Photography may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Generational Photography will not be liable for losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, clause 8 will apply which is Termination of this Agreement set out above.

Model Release

Where applicable, You agree to obtain the written consent of any and all persons to be included in the photo shoot to be the subject of the Photographic Works, where applicable written consent must be in the form of the Model Release contained in the contract agreement.
Upon request by Generational Photography, you will provide to Generational Photography copies of all model release forms signed by the relevant persons.
You agree to fully indemnify Generational Photography from all claims, suits, and demands, and in respect of any and all costs incurred by Generational Photography arising from your failure to obtain signed model release forms from all persons included in the photoshoot.

During the Event/Photoshoot

You agree and acknowledge that You or any other attendee are not permitted to take any photographs or video footage (including with phone cameras) during the event/photoshoot.
If Generational Photography requests You to nominate a person to be the point of contact for a photo shoot or event to assist Generational Photography with coordinating individuals/groups, You agree to do so.
If the nominated point of contact fails to assist with the coordinating as requested by Generational Photography, Generational Photography will not be responsible for any act, omission, or failure in relation to any aspect of the Services.
If the nominated point of contact fails to ensure all required attendees are present in any photo shoot, Generational Photography will not be held liable for this failure.
If required attendees fail to present themselves in a timely manner to enable Generational Photography to complete the photoshoot, Generational Photography will not be held liable for any inability or failure to capture images that include such attendees.

Communication between Parties

The parties agree to communicate by phone or email.

Confidential Information

You agree to advise Generational Photography in writing (including by email) if any material or information provided to Generational Photography is confidential. Generational Photography will keep that material or information confidential, except where disclosure is reasonably necessary to enable Generational Photography to perform the Services.
All confidentiality obligations in this Agreement continue in full force and effect after completing the Services.

No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

Governing Law & Jurisdiction

The laws of New South Wales govern this Agreement. In the event of any dispute arising out of or in relation to the Services, You agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

Dispute Resolution & Mediation

If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.

Severance

Any part of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

Assignment

Generational Photography does not agree for You to delegate, assign, novate and/or subcontract any obligations pursuant to this Agreement to any person without the consent of Generational Photography.

Entire Agreement and Modifications

Both You and Generational Photography confirm and acknowledge that this Agreement constitutes the entire agreement between the parties and shall supersede and override all previous communications, either oral or written, between the parties. No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement.

PHOTOGRAPHY GIFT CERTIFICATE TERMS & CONDITIONS

The recipient's name will be printed on the Gift Certificate. The Gift Certificate is non-transferable and non-redeemable for cash.
Gift Certificates may not be used in conjunction with any other offer.
Gift Certificates may only be used to book photography sessions taking place on weekday mornings, weekend mornings or NSW school holidays.
A Gift Certificate may only be used towards the photo package specified in the Gift Certificate and cannot be transferred to other services or offerings.
Gift Certificates are valid for 3 years from the date of issue. Expiry dates cannot be extended. Valid for 6 months if won in a competition.
Upon booking a session, the recipient will receive a confirmation email and booking confirmation providing Generational Photography's Photography Terms & Conditions. These need to be accepted by the Gift Certificate Recipient prior to the booked session.
If a recipient fails to attend a booked session, unless otherwise agreed with Generational Photography in advance, the session and the value of the session with be forfeited.
Any Requests to reschedule a booked session will be subject to availability, and sessions booked with a Gift Voucher may only be scheduled once, unless otherwise agreed.
By booking a session with Generational Photography, the recipient of the Gift Certificate acknowledges and agrees that Generational Photography retains the copyright to all images created and unless otherwise agreed, reserves the right to use any images in marketing/promotional materials either printed or electronic, including websites and social media profiles. If you do not agree to public use, please advise Generational Photography in writing prior to the session.
Gift Certificates will not be replaced if lost or stolen.

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