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Terms of Service

Booking

  • A deposit of 50% is required to confirm the booking, the rest is paid when invoiced.

  • Clients agree to provide their email and phone number to the photographer for communication and photo-sharing purposes.

  • The client agrees to provide the photographer with all necessary information and cooperation needed to complete the agreed-upon services.

  • Confirming the booking with only 10 to 6 days' notice consists of a $20 late booking fee.

  • Confirming the booking with only 5 to 2 days' notice consists of a $35 late booking fee.

  • Confirming the booking within 24 hours or less from the booking consists of a $60 booking fee.

Pricing

  • Pricing and package deals are not permanent and may be altered at any time.

Payment

  • A bank transfer is the standard way of payment. Please notify us when booking the client wishes to pay in cash.

  • An invoice will be sent after the event. Please notify the photographer with a screenshot of the digital transfer receipt.

  • No photographs will be delivered until all payments are paid in full.

  • The client is paying for the photographer’s time, effort, experience and skills which are self-taught over time.

  • The client is paying for the photographer to travel to the booking, take photos, filter through, edit, upload, document and share the images.

  • If the client has any dispute with the invoice, it must be addressed within 7 days after payment date.

Extending or Shortening hours

  • If the client decides to increase the photographing hours during the booking, it is the set hourly rate + $50.

  • If the client decides to shorten the photographing hours, the agreed amount on the quote will be charged.

  • For wedding bookings, the hours displayed on packages are continuous coverage. No gaps above 30mins are possible in between the booked hours.

Photo Turnover

  • We will deliver the final images to you via an online gallery and/or on a USB drive. The turnaround time for image delivery may vary depending on the service and package you have selected.

  • USB delivery is available for a fee. Delivery of the USB to the client's chosen address will take extra time. 

  • Edited images will be kept in archives for 2 months after submission.

  • If the client loses the submitted photos after receiving them, the photographer cannot guarantee to supply them again.

  • Original files of any kind are not available.

Loss & Damage

  • Once the client has received the content or USB, loss or damage is the client's responsibility.

  • The photographer undertakes to use the utmost care and reliable equipment throughout the capturing, backup, processing and transportation of the material. If however, the material is lost, stolen or damaged for any reason, the photographer shall refund all monies received and her liability shall be limited to this refund.

Editing and Retouching

  • If the client has any specific editing styles that they want, they must notify the photographer before the event. If not notified then the photos will be edited in an appropriate style.

  • All images will be adjusted for exposure, contrast, sharpness, clarity, colour etc. The photographer’s decision on these editing changes is to the best of their knowledge and ability.

  • It is possible that some images can be lacking in quality due to uncontrollable lighting conditions that may occur at the event/shoot such as extreme brightness or darkness.

Social Media

  • By giving permission to be photographed and videographed, you agree that the photos and videos taken at the event/shoot are allowed to be posted on Kevin James Photography's social media and websites anytime in the future.

  • The photos will only be used for portfolio, marketing, sales and educational purposes.

  • If the client would like to not have any images from their booking be used by Kevin James Photography, a calculated fee is required to confirm this request. This request should be made before the invoice (full or remaining amount) is paid by the client.

Travel & Extra Services

  • Travel is included for all bookings for up to 50kms on route from Perth CBD. Kilometers beyond 50kms is identified at 'regional area' and is charged at $0.90 cents/km. Kilometers between locations in the regional area is also charged $0.90 cents/km.

Unsatisfied/Complaints

  • Any issues with the photographic submission must be reported to the photographer as soon as possible, within a maximum of 10 working days from the photo submission.

  • The photographer will attempt to resolve the issue to the best of his ability.

  • The photographer has the right to refuse the client's requests for re-editing with a fair reason.

Cancellation/Rescheduling/No-Show

  • Notification of cancellation must be submitted in writing.

  • Cancellations made more than 30 days (excluding the booking date) before the scheduled booking will receive a full refund.

  • Cancellations made between 15 and 30 days (excluding the booking date) before the scheduled booking will incur a 50% of deposit as a cancellation fee (the remaining deposit is refunded).

  • Deposit is non-refundable is a cancellation is made 14 days or less before the scheduled booking (excluding the booking date).

  • If a booking is postponed due to unfortunate weather or Covid, a mutual agreement can be made to reset a date (no fees).

  • Rescheduling requests made more than 14 days before the scheduled booking will be accommodated without any additional fee.

  • Rescheduling requests made 14 days or less (excluding the booking date) before the scheduled booking will incur a $50 rescheduling fee.

  • If the client does not show up for the scheduled booking and does not provide notice, the booking will be considered canceled and the deposit will be non-refundable.

  • If the photographer cannot unexpectedly make it to the booking, all payments made will be refunded and will attempt to find a replacement photographer.

Copyright

  • All copyright of images taken by Kevin James Photography remains with the photographer. It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the photographer.

  • The photographs delivered to the clients are to only be used for personal reasons including social media sharing. Any intention to use the images for financial purposes or gain is not allowed unless you have written permission from Kevin James Photography.

Intellectual Property

  • Kevin James Photography retains a license to intellectual property. This includes but is not limited to use any images for promotional purposes, marketing and personal use. This includes the use of images 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.

Alterations

  • Unless written consent is provided, the images provided by Kevin James 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.

  • Kevin James 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 Kevin James Photography. Copyright logos cannot be cropped out or removed by any third party.

Location & Permissions

  • It is the client’s responsibility to obtain permission for entry to and photography at all applicable locations and to advise the photographer of any restrictions or policies in place at 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 or booking-related people due to unforeseen circumstances.

  • It is also the duty of the client to keep guest photographers from hampering the photographer during the designated official photography time.

Agreement

  • The client agrees to these terms of service by booking with Kevin James Photography and by using this website.

  • The agreement shall be considered as binding as a manually signed paper original

Other

  • The client agrees to obtain any necessary permissions and releases for any persons or property included in the photographs and video.

Privacy

  • All client details are stored in an internal private database, none will be shared publicly.

  • All information and discussions between the client and Kevin James Photography are considered confidential and will not be disclosed to any third party.

Contact Us

  • If you have any questions about these terms, please contact us here.

The client agrees to all other standard conditions based on photography services.

The terms of service above are not permanent and can be altered anytime.

If multiple bookings are made, these terms apply separately to each one.

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