Terms and Conditions
1. Photographer’s Responsibilities. Kenny Ngoo Photography ("Photographer") hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Photographer may employ one or more assistants. Photographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Photographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by client because of Photographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.
If Photographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Photographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Photographer shall not be obligated to refund any of the fees paid by Client because of such action.
2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 10). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned deposit), to attend the Event or to supply images.
3. Copyright. All photographs taken by Photographer at the Event, in whatever form, are copyright protected. Photographer will allow reproduction and publishing for personal use (eg. wall hangings at home, Facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. Photographer retains Copyright in all images taken at the Event. This clause shall survive the Term.
4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.
5. Event Changes. Photographer must be notified immediately of any changes in schedule or location, at least 14 Days in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Photographer shall be entitled to the deposit amount as liquidated damages for having to reschedule the event. The deposit amount will need to be repaid upon booking the new date, subject to Photographer's availability.
6. Cancellation. Upon acceptance of these terms and payment of the deposit, Photographer shall commit to attending the Event on the specified date and shall make no other reservations for that date and time slot. If Client cancels the Event entirely, then Photographer shall not be required to repay any of the payments made by Client.
7. Delivery Date. The Album shall be delivered no later than 90 Days from the date of final Client approval. The Photographer shall make the Client's images available through an online gallery proofing website. These images shall be available to the Client within 4-6 weeks of the photographic event. If an online proofing gallery is delivered, it shall remain open for 12 months from delivery. The Client is able to request to extend the time or reopen the online gallery for a $99 un-archival fee and the online gallery hosting will resume for another 12 months.
8. Price Protection. Photographer warrants all prices quoted for Event images are valid for a period of 6 Months following the Event. Orders placed after such period are subject to Photographer’s published pricing at the time of the orders’ placement.
9. Model Release. Client hereby agrees that Photographer may reproduce, publish,exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.
10. Force Majeure. If Photographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Photographer’s sickness, or other acts of God beyond the parties’ control. Photographer will make all necessary arrangements to locate a replacement photographer for the day working under said Photographer's brand. If Photographer is unable to do so and still unable to attend the event, then Photographer shall return all money paid by Client (including any deposit), and this Agreement shall immediately terminate.
11. Jurisdiction. The state and federal courts serving Western Australia, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.
12. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
13. Assignment. This Agreement may not be assigned.
14. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.
15. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.
16. Event Meals. Client shall arrange with the caterer for meals to be provided to Photographer and 1 assistant (if applicable).
17. Choice of Law. This Agreement shall be governed by the laws of the State of Western Australia, not withstanding its conflicts of laws provisions.
18. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during,or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.
19. Protection of Deliverables/Retention of Files. Photographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Photographer shall have no further obligation to preserve the images of the Event, regardless of the form of media in which they are stored. If no Album has been ordered either within the choice of wedding service package or as an add-on, the obligation to preserve the images of the Event shall cease after delivery of the online gallery via email.
20. Promotion. I/we hereby give permission for Photographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.
21. Client's Responsibilities. It is within the Client's responsibility to ensure that the requirements for the Event to go ahead on the date agreed upon are met. If any of the unmet requirements (i.e. but not limited to, all guests and Clients are to be double vaccinated to attend) which causes the event to be cancelled or postponed, the deposit amount will need to be repaid upon booking the new date, subject to Photographer's availability.
22. COVID-19. Due to the ever-changing nature of COVID-19 and it's effects. The Client is entitled to 1 (ONE) reschedule, should the Event date be postponed due to Government measures (I.e Government Lockdown). However if the Client chooses to postpone the date of the event by choice (i.e. not due to Government measures), the deposit amount will need to be repaid upon booking the new date, subject to Photographer's availability.
23. Break-ups. In the event the Client has to cancel or postpone the wedding due to a relationship break up and seperation from Client and Client's partner. Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned deposit), to attend the Event or to supply images.
24. Exclusive Photographer. The Photographer and the Photographer’s team shall be the sole photographers for coverage of the event. Family and friends of the Client are permitted to take photographs as long as they do not interfere with the Photographer’s duties and do not take images of poses arranged by Photographer. Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Photographer at least 7 days prior to the wedding date.
25. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
26. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
27. Venue Guidelines. The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.