Terms and Conditions:

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The Photographer: Rosie Moments Photography

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The Client: Is hereby referred to as, any person, body of persons, collaborator, any type of recipient, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of paid or non paid services, joint working agreements or competitions with or by the Photographer.

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Photography Service Agreement:

A binding agreement between the Photographer and the Client outlining the terms and conditions of image use, purchases, pricing, scheduling etc & must be agreed before any session takes place.

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Service Agreement:

The purpose of this agreement is to record the terms agreed for a photographic assignment. All transactions between Rosie Moments Photography and the Client whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any agreement between the Photographer and all or any of her Clients.

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The photographer shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer’s judgement regarding the locations, poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

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Payments:

The Deposit (25%) is due upon session agreement by completion of the booking form.

A Session will not be confirmed or take place unless the deposit has been paid by the Client. The remainder of the Session Fee will be due on the date of the agreed session, unless agreed otherwise.

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The Deposit is not refundable but may be transferable to another date if the Session cannot be conducted due to reasons that are reasonable or are outside of their control (such as illness or inclement weather). The Client acknowledges that the Deposit (or part of the Deposit) may be forfeited if the Client does not make contact with Rosie Moments Photography to reschedule a Session at least 24 hours in advance where the Client should have known the Session would not be able to proceed when agreed.

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Should the photographer not be available for any reason, Rosie Moments Photography will notify the Client of the change as soon as it is known and make every effort to reschedule the Session. If for whatever reason this is not possible, Rosie Moments Photography’s responsibility and liability is limited to the return of all payments received.

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The Session Fee includes the photographer’s time and talent, all communication prior to and after the shoot, professional editing of images, preparation of images and uploading to an online downloadable gallery within four weeks of the session date.

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The booking of and any additional costs incurred for booking venues, photography locations, additional props etc. are their responsibility and will be invoiced to the Client unless the Client has already paid for these separately.

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Conduct of the session:

The details and times listed here form part of this agreement and the Client agree to make every effort to cooperate in order for Rosie Moments Photography to fulfil its contracted photographic duty. The Client acknowledges Rosie Moments Photography cannot accept responsibility for the ‘extent’ of the photographic coverage if these details are incorrect or if the Client does not follow any schedule the Client has agreed to.

Although Rosie Moments Photography will make every effort to produce all requested images, no particular composition or image will be guaranteed.

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To avoid disruption to the photographic coverage and to allow Rosie Moments Photography to fulfil its contracted duty; other photography by you, family or friends at this time is not permitted.

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The Client agrees that any minors will be under their constant supervision at all times and that the Client is responsible for the minors at all times.

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There are no set session times, the session time will be managed by Rosie and when she feel she has fully completed the agreement of images set out, the session will end.

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Prices, Additional Images and other products:

In order to guarantee the prices in Rosie Moments Photography’s price list provided to the Client at the time of this agreement.  The Client must place orders for extra images or other products within 14 days of those images being uploaded to their online gallery. Orders placed after that time will incur the prices current at the time of ordering. Any additional costs will be advised and confirmation required before proceeding.

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Unless prior arrangement with Rosie Moments Photography had been made, all orders must be confirmed in writing and accompanied by full payment. Orders will not be processed until payment has been made.

All orders shall remain the property of Rosie Moments Photography until full payment has been made. Orders will not be made available for collection unless paid for in full.

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The negatives/digital files remain the property of Rosie Moments Photography and will be kept on file for a period of 12 months and may then be deleted. 

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In the event of a natural disaster or evidence of damages to their own digital copies, Rosie Moments Photography will replace, within the 12 month period from the Session date, all files the Client had previously purchased. All digital files received by the Client are final edited images. Rosie Moments Photography does not release RAW files.

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The Client acknowledges that photographs not ordered through Rosie Moments Photography cannot be guaranteed to reflect the true product in its finished presentation. The Client acknowledges that materials the Client may use or are used by third party labs are not guaranteed to have the same life expectancy.

Rosie Moments Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. In the unlikely event that photographs have been lost, stolen, or destroyed for any reason, Rosie Moments Photography’s liability is limited to the return of all payments received.

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Copyright and use of images:

Moments Photography owns the Copyright in all photographs and images.

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The Client acknowledges Rosie Moments Photography’s moral rights with respect to the Assignment and will attribute Rosie Moments Photography as the creator of the images and files whenever appropriate.

Rosie Moments Photography will be understanding of cultural, family and personal sensitivities. If the Client do not wish their photographs or testimonials (including their image and likeness or those of any models under the age of 18) to be used by Rosie Moments Photography for editorial, trade, advertising, industry competitions or for portfolios or reasonable advertising, the Client must inform Rosie Moments Photography immediately.

Unless the Client specifically states otherwise at the time of this agreement, the Client gives permission to Rosie Moments Photography to use any image from their Session for editorial, trade, advertising, industry competitions and for portfolios and reasonable advertising for Rosie Moments Photography.

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Rosie Moments Photography will not use any Images from their session for any other purpose without obtaining their permission.

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Release:

Rosie Moments Photography shall carry out this Assignment with due and professional Diligence.

In the event of elements beyond Rosie Moments Photography’s control, Rosie Moments Photography shall not be liable for its complete performance of the Assignment, and it is agreed that the liability of Rosie Moments Photography shall be limited to a refund of any money paid under this agreement which shall be in full and final satisfaction of any damage or loss suffered.

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Elements beyond Rosie Moments Photography’s control include faulty material, equipment failure, damaged and exposed film, loss of film, photos, negatives, digital files in transit.

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Agreement:

The Client has read and understood the terms of this agreement. This agreement contains the entire understanding between Rosie Moments Photography and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, agreed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.

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Complaints: 

Any complaints should be raised by the client with the photographer, in writing within 7 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.