APPLICABLE TO:
“Portraiture”
“Hospo Photo Sessions”
All Photo Sessions purchased by the Client include the following services:
Pre-shoot consultation
On-site shooting
Off-site post production
Client liaison
Should the Client require significant creative direction, producing, model casting, team assembly, prop sourcing or location scouting they are to inform Mia Forrest during normal business hours. These are additional services that can be provided to the Client at a set fee.
The Client is responsible for the provision of a shot list to Mia Forrest that serves as a checklist for all deliverables required to be provided to the Client. Failure to provide an itemized shot list to Mia Forrest prior to the shoot could result in an unsatisfactory product/shoot at the cost of the client. If the Client requires Mia Forrest to re-shoot, this will be at the expense of a subscription payment or an additional service
DELIVERABLES
All edited files will be viewable by the Client by Mia Forrest via an Online Gallery, and files delivered via Google Drive and Email within 48-72 hours after the shoot. If additional images have been purchased by the Client they are required to process the additional payment prior to receiving all of the imagery back from their shoot.
Mia Forrest may inform the client of changes to delivery timings 48 hours prior to the shoot. Delivery timings given to the Client by Mia Forrest are based on an estimation and can be subject to change at any given time.
Under no circumstances are Raw Images passed onto The Client, unless a licensing fee for handover is negotiated prior to the engagement (please see “Raw Files”).
PHOTOSHOOT SCHEDULING
Scheduling of all shoots are the sole responsibility of the Client and are to be scheduled using the scheduling system provided, via the Mia Forrest Website. Should they require assistance with scheduling they are to provide their request in writing via email to Mia Forrest during normal business hours, Monday to Friday, 9am-5pm AEST.
Mia Forrest will not be liable for any shoots that are left unscheduled by the Client. If the Client fails to schedule his/her shoot in before expiring, the client will not be compensated by Mia Forrest. All subscription shoots are non-refundable.
Cancellation of a scheduled photoshoot requires the Client to give Mia Forrest 48 hours notice in advance and in writing during business hours. Upon Cancellation the Client will be required to re-book a preferred date. Mia Forrest will not be liable for shoot availability in the scheduling system used by the Client due to last minute cancellations or rescheduling, particularly in conjunction with other scheduled Client bookings.
In the unlikely event of rain or unforeseen weather circumstances, the Photoshoot may be postponed until a later date. Mia Forrest’s decision is final and can be made on the morning of the photoshoot. This is in the best interest of the client so photoshoots and deliverables can be executed to a satisfactory level for the Client.
PHOTOGRAPHERS CREDIT
When the Client uses finalized images on Social Media Platforms or in publications, it’s appreciated where possible that photographers credit is given as listed below:
Social platforms - @mia_forrest
Publications - Mia Forrest
USAGE
Where Mia Forrest Provision of Services involves Photography or Retouching, Mia Forrest's standard included license of the Images to the Client covers use of the final edited images only, for distribution worldwide via the internet or public display only, for an agreed usage period time frame. Images may be distributed on Social Channels, Print and Web use. For Advertising usage, such as billboards, further fees are applicable to the Client and will be agreed upon and paid in full before distribution.
Without limiting Mia Forrest rights, the Client agrees that Mia Forrest can use photographs and images taken at the location and other material Mia Forrest creates or provides (all Materials) for promotional purposes including as examples of Mia Forrest work and in any brochure, newsletter, manual, report, website or other media, and such use may include the Client’s corporate name or other IP as it appears in the Materials, without liability or compensation to the Client, and Mia Forrest may also alter the Materials, determining to include or remove the Client’s name or other IP, without prior client approval. Mia Forrest reserves the right to subcontract any Services that Mia Forrest has agreed to perform for the Client as Mia Forrest sees fit.
SICKNESS
Upon unforeseen circumstances such as family emergencies or sickness, rescheduling will be required and organized by Mia Forrest in conjunction with the Client. However, Mia Forrest will not be liable for any compensation, If the services provided are unable to be rescheduled. In circumstances of sickness whereby Mia Forrest is unable to carry out services or those services are unable to be postponed until a later date, it is the responsibility of the Client to source an alternative replacement. Mia Forrest will not be liable for any extra fees incurred by these third party contractors.
CLIENT’S MATERIALS
All Materials are used and stored by Mia Forrest solely at the Client’s risk and Mia Forrest is under no obligation to insure or keep copies of any Materials.
Mia Forrest will not be liable in respect of any loss of the Materials arising out of the action of any person not employed or engaged by or associated with Mia Forrest even though such person is present during and involved with the performance of the services.
DISPOSAL
Raw Images and edited files will be retained for up to twelve (12) months only and then will be disposed of, deleted or erased. If at the end of twelve (12) months services have not been paid for, Mia Forrest reserves the right to dispose of all Raw files and finished works.
If the Client chooses to purchase additional images prior to the end of the twelve (12) months, they can do so for an additional fee of $50/Image + GST.
RAW FILES
The Client may purchase raw files in viewable format for an additional fee. If the Client requires these files they must pay Mia Forrest an additional fee of $500 + GST.
FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for photography and editing, Mia Forrest will not be liable for any compensation except for return of that particular shoot payment, should a failure occur in all or any of the electronic equipment used.
CLIENT ACKNOWLEDGEMENTS
The Client acknowledges and agrees that:
Mia Forrest will have a lien on Materials provided by the client; and
No title in the Services manufactured, produced, duplicated, or otherwise provided by Mia Forrest will be transferred to the Client until the Client pays all the amounts due to Mia Forrest in full. The Client acknowledges and agrees that upon payment of all outstanding invoices due to Mia Forrest, the Client is entitled to receive the finished works, but has no entitlement to the working files of Mia Forrest. The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by Mia Forrest are solely those of the client. The finished works are intended to represent the opinion of the Client and in no way reflect the views of and opinions of Mia Forrest, its employees and subcontractors.
CANCELLATION OF THE SESSION
If the client has engaged Mia Forrest to provide services, the Client may notify Mia Forrest in writing (during normal business hours, 9am-5pm AEST) that the Client does not require the Services to be provided on that date ("the cancellation”). The Subscription package for the Client will cease one month from the date of received notice as specified above.
If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
RIGHT OF REFUSAL OR TERMINATION
Mia Forrest reserves the right to terminate the provision of services to the Client, if any person employed or contracted by Mia Forrest is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.
If Mia Forrest terminates the provision of services due to the above circumstances, then any deposit paid by the client is non-refundable.
Should any of the circumstances outlined occur, Mia Forrest may seek compensation from the client for any loss or damage suffered.
FORCE MAJEURE
If Mia Forrest cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, sickness, family emergencies or omission of any third person or public authority, then Mia Forrest’s obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
LEGAL COSTS
The client will be liable for any legal costs incurred by Mia Forrest in the recovery of unpaid invoices on an indemnity basis.
PRIVACY
All information received by Mia Forrest from the Client, writes or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
CONTACTABLE HOURS AND COMMUNICATION CHANNELS
Due to the nature of freelance work, Mia Forrest will have limited availability for contact during normal business hours via email, Monday to Friday, 9am-5pm AEST.
If Mia Forrest does not hear from the Client after repeatedly touching base three times the Clients subscription will be terminated and any outstanding payments within the minimum term will be required to be paid out. Once again, all subscription package payments are non-refundable.
AMENDMENT
Mia Forrest reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice.