Terms of Photography Packages by Stephen Mitchell

Throughout this document ‘ezCREATE Productions’ is read as ‘ezCREATE’.

Upon assigning ezCREATE for photographic sessions, you are bound by the following Terms and Conditions outlined below:

Booking Fee & Deposit

At the time of confirming a booking, The Client shall pay a Booking Fee to retain ezCREATE to provide photographic services on a specific day and time. A booking will be regarded as confirmed at the time Booking Fee is received in full by ezCREATE.

Deposit

At such time as an order for prints, frames, mounts and image files is placed by the Client with ezCREATE, the client shall pay a deposit equal to 50% of the total cost of the order. ezCREATE may at its sole discretion vary the deposit required to be paid by the Client at the time of ordering. Once a deposit is processed it cannot be refunded.

Discounts

A Studio Representative may at their decreation offer the customer a discount in relation to a specific order under consideration by the customer on the day. Discounts only apply to orders confirmed at the conclusion of the ordering session. Should a customer require a change to a Confirmed Order, any discounts offered become void.

Print Orders, Mounts and Frames

Orders confirmed by the Client with ezCREATE for Prints, Frames, Mounts and other products shall be binding and may not be cancelled, altered or otherwise changed without the express written agreement of ezCREATE . In the event the Client wishes to vary the selection, size, mounting, framing, creative treatment, retouching requirements or other aspects of the order, additional charges shall apply. Any such additional charges shall be at the discretion of ezCREATE based on the standard price list.

Payment Plan

ezCREATE may at its discretion agree to accept payment in instalments from the Client. The terms and conditions of such payment plan shall be subject to a separate agreement.

ezCREATE may withhold delivery of orders until full payment for the order is received. Should the Client fail to adhere to the schedule for payment of instalments or choose to vary the sum of money paid, the Client shall forfeit all monies paid to ezCREATE and the Agreement shall become void. If the Client refuses delivery of the order or refuses to pay the balance of monies due within forty five (45) days of being notified the order is ready for collection, the Client shall forfeit the deposit.

Vouchers

Vouchers are valid for three months from the date of issue. Vouchers cannot be used in conjunction with any other offer or voucher and are not redeemable for cash or any other goods and may only be used as described there on. Vouchers may not be used to purchase images from a previous session. Vouchers are not transferable.

Cancellation

If the Client shall cancel the booking and this Agreement more than three (3) calendar days before the session date, any booking fee paid to ezCREATE shall be refunded in full. If Client shall cancel within three (3) days of the session date the Client shall forfeit the booking fee paid.

Postponement

If the Client shall alter or postpone the session date and or time less than three (3) calendar days before the session date, any deposit paid to ezCREATE and any special offers or discounts to which the Client is entitled shall be unaffected. If Client shall cancels within three (3) days of the session date the Client shall forfeit the booking fee paid and ezCREATE may alter or void any special offers or discounts to which the Client was entitled.

Photographic Materials

All photographic materials, including but not limited to digital image files, proofs and prints, shall be the exclusive property of ezCREATE . ezCREATE shall make proof prints and preview images available to the Client for the purpose of selecting photographs, but such proof prints and preview images shall remain the sole property of ezCREATE . ezCREATE may make the preview images available on a website or as an email attachment.

Copyright and Reproductions

ezCREATE shall own the copyright in all images created and shall have the exclusive right to make reproductions. ezCREATE shall only make reproductions for the Client or for ezCREATE portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within the studio and elsewhere. ezCREATE shall not make any commercial sale of the images without the written permission of the Client.

Client’s Usage

The Client is obtaining prints and or digital image files for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than ezCREATE . If the Client is obtaining a print for reproduction, ezCREATE may authorise the Client to reproduce the print only as set forth under Special Usage Requirements on the front of this form. In such event, the Client shall request that a credit for the Photographer be placed adjacent to the photograph on publication.

Photography of minors

For subjects under the age of 16 at least one Parent or Adult designated by the subject’s Parent shall be present at all times whilst the minor is on ezCREATE premises. The Parent or designated Adult shall maintain in visual contact with minor at all times.

Direction

The photographer shall direct and advise subjects in the style and manner they consider appropriate. The Client may decline to accept the photographer’s advice or direction or may choose to place limitations on the performance, presentation, wardrobe or other photographic affects relating to themselves and their family. ezCREATE shall not be responsible for the impact of such limitations on the outcome of the photography. The Photographer and staff may engage in a variety of games and activities with children whilst on the premises for the purpose of obtaining appropriate photographs and to assist in maintaining the children’s good humour. The Parent or designated Adult may request the manner or level of engagement with children be varied according to their personal preference.

Physical activity

Photo sessions usually but not always involve physical activity. This is undertaken at the client’s own risk.

Failure to Perform

If ezCREATE’s designated Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then ezCREATE shall return the booking fee to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged, deleted, lost through computer, camera or digital recording device malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of ezCREATE, it’s employees and agents. In the event the designated Photographer fails to perform for any other reason, ezCREATE shall not be liable for any amount in excess of the retail value of the Client’s order.

Photographer

ezCREATE shall at its discretion appoint a photographer of its choosing to undertake the photographic assignment to which this Agreement applies. ezCREATE may substitute photographer other than one advertised or promoted to take the photographs. In the event of such substitution, ezCREATE warrants that the photographer taking the photographs shall be a competent professional. In the event the Client was advised that a specific Photographer would be assigned to the project and cannot for any reason fulfil the obligation on the given day or time, the Client may at their discretion request an alternative booking time without incurring any financial penalty. ezCREATE shall endeavour to make alternative arrangements to the satisfaction of both the Client and ezCREATE . In the event the Client is unsatisfied with the alternatives offered to them by ezCREATE, the booking fee shall be fully refunded to the Client and this Agreement terminated.

Standard Price List

This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.