Amber Cree Photography

Terms & Conditions

1. Services

Photography services will be provided and billed on an hourly basis. These rates are agreed upon between the Client and Photographer prior to the photoshoot. Any additional services (extended shoot time, reshoots, additional editing, etc.) will be quoted separately. The hourly rate includes capture time and editing or post-production.

2. Deliverables

Final edited images will be delivered within 5 business days after the shoot has completed. The digital files will be delivered via a secure online gallery or download link. A fast turnaround of images within 24 hours is available upon request at an additional $150, and must be arranged prior to the photoshoot.

3. Fees

Upon confirmation of booking, a deposit of 20% is required to secure the Client booking. Deposits paid will be deducted from the final invoice. The deposit is non-refundable in the event of cancellation by the Client. A final invoice will be sent after the photoshoot and is payable within 1 week from the date stated on the invoice. The Photographer holds the right to retain the images until payment is made in full. Additional charges for extra photography time during the photoshoot shall be charged per hour and invoiced.

4. Cancellation

Cancellations must be made in writing. Rescheduling is subject to availability. If weather, illness, or unforeseen events occur, the Photographer reserves the right to reschedule. If the Photographer resigns from an assignment for reasons such as changes made by the Client to the venue, dates or time, non-payment of fees or non-performance by the Client, monies paid shall be refunded after deductions for travelling costs incurred and services performed up to that time, charged at $150 per hour.

5. Copyright

Amber Cree Photography retains full copyright ownership of all images. It is understood that any and all images, digital files or sample prints, and all rights to them remain the property of the Photographer.

6. Usage Rights & Licensing

The Client is granted a Creative Commons - Attribution, non-exclusive, non-transferable license with usage rights for use across digital marketing, website, social media and print collateral. Images cannot be sold, transferred, or used for purposes outside the agreed scope without written consent.

7. Intellectual Property

Amber Cree Photography retains a license to intellectual property. This includes but is not limited to use any images for promotional purposes, marketing and personal use, on websites, print material, social media and promotional material. The Client grants the Photographer the unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation, and hereby releases and shall hold harmless the Photographer from all claims or liability resulting from or associated with the use of the material.

8. Attribution

Amber Cree Photography requests for all photography used on the internet, social media, print and other forms of sharing, other than personal use, to be credited to Amber Cree Photography. Copyright logos cannot be cropped or removed by any third party.

9. Alterations

Unless written consent is provided, the images provided by Amber Cree Photography cannot be altered, cropped, distorted or affected in any other way. The Photographer shall not be liable for any claims whatsoever resulting from alterations made to the material by the Client. The Photographer grants the Client the right to make an unlimited number and format of copies of the photographs in any medium for personal use. The Client shall obtain written permission from the Photographer prior to selling or publishing any of the material for financial gain.

10. Locations/Permissions

The Client agrees to ensure access to locations, subjects, and to obtain relevant permissions or releases for the photoshoot. The Photographer is not liable for delays caused by lack of access or preparation. The Client agrees to advise the Photographer of any restrictions or policies in place as all applicable locations.

The Photographer shall not be held responsible for any photographs requested but not provided resulting from the late arrival of the Client, models or guests, or any delays due to unforeseen circumstances. It is also the duty of the Client to keep obstructions or interferences from hampering the Photographer during the designated official photography time.

11. Creative Direction

The Client acknowledges the Photographer’s artistic style and grants creative discretion in composition, lighting, editing, and image selection.

12. Limitation of Liability

The Photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the data. If however, in the unlikely event the data is lost, stolen or damaged for any reason, The Photographer shall refund all monies received and liability shall be limited to this refund. If a portion of the material is lost, stolen or damaged for any reason, the refund shall be calculated pro-rata based and liability shall be limited to this partial refund.

In the unlikely event of camera failure, data loss, or unforeseen circumstances preventing delivery, liability is limited to a full refund of payments received.

13. Indemnity

Amber Cree Photography will not be held responsible in the event of the Client suffering damage or loss due to unforeseen circumstances whilst working with Amber Cree Photography. The Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, his or her heirs, legal representatives, assignees, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.

14. Confidentiality

All information and discussions between the Client and Amber Cree Photography are considered confidential and will not be disclosed to any third party.

15. Acceptance of Terms

Confirmation or written acceptance of this quote indicates agreement to all terms and conditions outlined herein. By booking the services of Amber Cree Photography you agree to the above terms and conditions and the contracts shall be considered as binding.