Terms & Conditions
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between ATEIA PHOTOGRAPHY & VIDEO and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing.
2. RESERVATION: Upon your booking, ATEIA PHOTOGRAPHY & VIDEO will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a charge of $500 is to be paid if the date is changed for any reason; including acts of God, fire, strike and/or extreme weather. This amount is in addition to the non-refundable deposit.
3. CANCELLATION: In the event that THE CLIENT cancels the contracted services outlined in this contract within 9 months of the wedding day, the full package price selected by THE CLIENT in this contract is payable to ATEIA PHOTOGRAPHY & VIDEO minus the non-refundable deposit.
4. PRE-EVENT CONSULTATION: The parties agree to a pre-wedding consultation before the wedding date in order to finalise the actual shooting times and locations. This will occur during a time that is agreed on prior to the date of the wedding. ATEIA PHOTOGRAPHY & VIDEO will make contact with THE CLIENT 4 weeks prior to the wedding via email to organise this meeting.
5. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s) throughout the wedding day and in particular the family portraits.
6. SHOOTING TIME / ADDITIONS: The photography and videography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and ATEIA PHOTOGRAPHY & VIDEO agree that positive cooperation and punctuality are therefore essential. ATEIA PHOTOGRAPHY & VIDEO recommends 90 minutes duration for the Bride and 90 minutes duration for the Groom preparations and 60 minutes for each location after the ceremony for photography and/or videography to achieve quality consistent with samples on www.ateiaphotography.com.au. ATEIA PHOTOGRAPHY & VIDEO will depart from Bride’s location 45min before Bride heads to ceremony to allow for setup time at the ceremony before Bride arrives. ATEIA PHOTOGRAPHY & VIDEO will not make any guarantee if THE CLIENT requests less time for any portion of the wedding day. Should the ceremony start late due to any reason whatsoever, ATEIA PHOTOGRAPHY & VIDEO will not be held liable for any photographs or videography not taken. THE CLIENT understands that ‘Full Day’ is considered 8 hours of coverage, and any additional coverage thereafter will be charged as per the rates listed on the website and contract.
7. HOUSE RULES: ATEIA PHOTOGRAPHY & VIDEO is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer and videographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility as well as organising permits for photography locations.
8. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by ATEIA PHOTOGRAPHY & VIDEO are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without ATEIA PHOTOGRAPHY & VIDEO explicit written permission. THE CLIENT has limited copyright ownership of the resulting images under the following conditions:
• The Digital Images, Digital Files and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives.
• THE CLIENT must obtain written permission from, and compensate ATEIA PHOTOGRAPHY & VIDEO prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
9. MODEL RELEASE: THE CLIENT hereby assigns and grants ATEIA PHOTOGRAPHY & VIDEO and wedding suppliers used by THE CLIENT the irrevocable and unrestricted right to use and publish photographs and video of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. It is agreed that ATEIA PHOTOGRAPHY & VIDEO may display and use the photographs or videography taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by ATEIA PHOTOGRAPHY & VIDEO.
10. COMPLETION SCHEDULE: The handover of the final assessed, colour corrected, properly exposed, edited images and video will occur within 12 weeks of the wedding day. A USB for photographs and DVD for videography will be handed over once the entire balance outstanding is paid to ATEIA PHOTOGRAPHY & VIDEO. The printing process should a wedding album, canvas print or wall frame be requested, can only start once ATEIA PHOTOGRAPHY & VIDEO receives the order for the required images. Album designs take up to 4 weeks and once approved can take up to 6 weeks for delivery. Parent Album designs are a replica of the main album design. Orders will only commence once full payment has been made in advance. ATEIA PHOTOGRAPHY & VIDEO cannot express edit photographs for the purpose of ‘Thank You’ cards.
11. PAYMENTS: THE CLIENT agrees to pay the following non-refundable deposits at time of booking:
Photography Package – $489. Balance due at handover of final images.
Album Package – $249. Balance due at handover of final images.
Package Deposit – $1,249. Balance due at handover of final images.
12. METHOD OF REMUNERATION: Deposit must be made via credit card via our website. Balance must be paid into our bank account.
13. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer/videographer. ATEIA PHOTOGRAPHY & VIDEO will make every effort to secure a replacement able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. ATEIA PHOTOGRAPHY & VIDEO takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and backup equipment. However, in the unlikely event of THE CLIENT’S photographs or videography being lost, stolen or destroyed for reasons within or beyond ATEIA PHOTOGRAPHY & VIDEO’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
14. NON-GUARANTEE: Although every possible care will be taken to produce photographs and videography of all important and special events during the wedding, ATEIA PHOTOGRAPHY & VIDEO cannot place an unconditional guarantee on the above as our packages include one photographer (and one videographer) which THE CLIENT acknowledges will create limitations to the final product. ATEIA PHOTOGRAPHY & VIDEO will not be held responsible for any ruined photographs or videography due to guests’ (or any other) flashes; or any other ruined photographs or videography due to any other cause in or outside of ATEIA PHOTOGRAPHY & VIDEO’s control. ATEIA PHOTOGRAPHY & VIDEO allows for one photographer (and one videographer) in their packages, and uses a secondary videography camera during the ceremony, bridal waltz and speeches only as a back-up and not for creative purposes. THE CLIENT acknowledges that videography examples of the Highlight Trailer, Documentary Edit and Reception Extended Edit can be found at www.ateiaphotography.com.au and on www.vimeo.com/ateiaphotography. ATEIA PHOTOGRAPHY & VIDEO will not create edits outside the scope of what has been represented to THE CLIENT. THE CLIENT must select songs for their wedding videography prior to the wedding day otherwise ATEIA PHOTOGRAPHY & VIDEO reserves the right to select songs on the couples behalf – Any re-edits will incur a minimum $500 fee. ATEIA PHOTOGRAPHY & VIDEO will not capture photography/videography footage of guests sitting at tables during the wedding ceremony and reception or guest reactions due to the limitations of the package. Videography does not capture English dance brackets in their entirety during the wedding reception. ATEIA PHOTOGRAPHY & VIDEO do not include the use of drones or steady-cams in their packages.
15. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
16. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and ATEIA PHOTOGRAPHY & VIDEO at the time of acceptance of this contract shall be recognised as amendments to this contract.
17. PROFESSIONAL IMAGE MANIPULATION: ATEIA PHOTOGRAPHY & VIDEO will allow for limited professional image manipulation (if technically possible) on all images prior to the handover. This includes red eye removal, colour correction, adjusting exposures and cropping. We do not remove blemishes, tan-lines, pimples, scars, tattoos, removal of people and/or objects, insertion of missing people and/or objects. It is understood that if a technicality prevents ATEIA PHOTOGRAPHY & VIDEO from performing requested image manipulation, or if a technicality prevents the final result meeting THE CLIENT’S requirement, THE CLIENT will reside with the fact that ATEIA PHOTOGRAPHY & VIDEO has performed to its best ability with regard to the specific task and that ATEIA PHOTOGRAPHY & VIDEO has no further responsibility towards said image manipulation and no refund will be offered.
18. CHANGES TO VIDEO EDIT: ATEIA PHOTOGRAPHY & VIDEO allows limited changes to the wedding videography within 2 weeks after handover. The changes are limited to technical errors only. ATEIA PHOTOGRAPHY & VIDEO requests that songs be provided by THE CLIENT before the wedding day. ATEIA PHOTOGRAPHY & VIDEO will select the songs if THE CLIENT has not provided the songs in writing before the wedding day. If THE CLIENT changes their mind on song selection after the edit has commenced or completed, then a minimum $500 re-edit fee will apply.
19. NON-PAYMENT OF BALANCE: ATEIA PHOTOGRAPHY & VIDEO will charge THE CLIENT an additional $500 if the balance is not paid within 4 weeks of notification that the photographs are ready for collection after the wedding day. It is THE CLIENT’s responsibility to notify ATEIA PHOTOGRAPHY & VIDEO if their contact details change. If after 8 weeks from the notification date payment has not been received, ATEIA PHOTOGRAPHY & VIDEO will unfortunately be required to submit an application to VCAT for the outstanding balance to be paid.